North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Lay Off and Establish a County by the Name of Davie*.

Chapter IV

Laws of the State of North Carolina Passed by the General Assembly 1836-1837 - Pages 22-25.

Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That a county shall be, and the same is laid off and established, in the territory now comprehended in the limits of Rowan County, north of the South Yadkin River, beginning at the junction of the North and South Yadkin
rivers; thence, up the South Yadkin River, to the Iredell County line; and all that part of the present county of Rowan, lying and being north of said river, shall hereafter constitute a separate and distinct county, to be called and known by the name of Davie, in honor of the revolutionary patriot, William R. Davie; and it shall be, and is hereby, invested with all the rights, privileges and immunities of the other counties in this State, except as is hereafter provided.

SEC. 2. Be it further enacted, That all justices of the peace and officers of the militia, who reside within the limits of the county of Davie, shall continue to hold and exercise all the official powers and authorities, in and for the said
county, that they have hitherto held and exercised in and for the county of Rowan.

SEC. 3. Be it further enacted, That a Court of Pleas and Quarter Sessions shall be, and the same is hereby, established in and for said county of Davie, to be held by the justices last aforesaid and such others as may be hereafter appointed in and for said county, on the fourth Monday of February, May, August and November, in each and every year; the first session of which shall be held on the fourth Monday in February next, in the town of Mocksville; when the court aforesaid, a majority of the justices of said county being present, shall appoint a clerk of said court, a sheriff, a coroner or coroners, constables and other officers for said county, who shall enter into bond as required by law, and shall hold and continue in said offices until successors to them are duly chosen and qualified according to the Acts of the General Assembly in such cases provided. And the said court, at its first session aforesaid, may appoint the place of its future sessions, until a court house shall be erected for said county.

SEC. 4. Be it further enacted, That the County Court of Davie, a majority of the justices being present, shall appoint five commissioners to select and determine upon a site for a permanent seat of justice in said county, and shall purchase or may receive by donation, for the use of said county, a tract of land consisting of not less than twenty-five acres, to be conveyed to the chairman of the County Court and his successors in office, upon which they shall lay off a town, the name of which shall be determined by themselves, in which the public court house and jail of said county shall be erected; and after the completion of the same, the courts of said county shall be held, and the clerks' and register's offices shall be kept in said town.

SEC. 5. Be it further enacted, That the commissioners so appointed as aforesaid, after laying off the lots of the town aforesaid, and designating such as shall be retained for public uses, shall expose the residue to sale at public auction, upon a credit of one and two years, and shall take bonds with security for the purchase money, payable to the chairman of the County Court, and his successors in office; and the said chairman shall execute titles therefor, upon the payment of the purchase money, which shall go into the County Treasury; and the said Court of Pleas and Quarter Sessions may levy taxes for all public uses, under the same rules, rugulations and restrictions as the like courts in other counties.

SEC. 6. Be it further enacted, That all persons who may be liable to imprisonment under any process, either civil or
criminal, in said county, before the completion of the public jail therein, may be committed to the jail of any adjoining county, in like manner as when a jail has been destroyed by accident.

SEC 7. Be it further enacted, That the Court of Pleas and Quarter Sessions established by this Act, and the Superior Courts of Law and Equity which may be hereafter provided for said county, shall have the like powers, authorities and jurisdictions, as the same courts possess and exercise in other counties; and all suits now depending in any of the courts of Rowan County, wherein the citizens of Davie are both plaintiffs and defendants, and all indictments against them or any of them, shall be transferred to the court having jurisdiction thereof in the county of Davie, in the manner now provided for transferring suits from one county to another.

SEC 8. Be it further enacted, That all criminal offenses which may be committed in the county of Davie, which are cognizable only in the Superior Court of law, shall be and continue under the jurisdiction of the Superior Court of law of the county of Rowan, until a Superior Court of law shall be created for the county of Davie.

SEC. 9. Be it further enacted, That nothing in this Act contained shall be so construed, as to prohibit the sheriff of
Rowan County from collecting such sum or sums of money as are due of may become due on any judgment before the first Court of Pleas and Quarter Sessions for said county of Davie.

SEC. 10. Be it further enacted, That the counties of Rowan and Davie shall continue to be represented in the General Assembly as one county, and in the name of the county of Rowan, until a future Legislature shall otherwise
provide and direct: an election shall be held, for members of both Houses of the General Assembly and of Congress, by the sheriff or other returning officers of Rowan County, in all the territory heretofore comprehended in the limits of said county, at the times and places, and under the same rules, regulations and restrictions as have been appointed or may hereafter be appointed by law; and the certificate of said sheriff or other returning officer, to the result of said election or elections, shall be as valid and effectual to all intents and purposes as if this Act had never been passed.

SEC. 11. Be it further enacted, That provided nothing in this Act shall be so construed, as to prevent the sheriff of
Rowan County from collecting arrears of taxes in the same manner as he could have done previous to the division of the county; Provided nevertheless, that the sheriff of Rowan shall not collect any taxes in the county of Davie, or of the citizens of said county, imposed by the County Court of Rowan, and which are collectable in the year one thousand eight hundred and thirty-seven; but that the same may be collected by the sheriff of Davie County to the use of said county.

SEC. 12. Be it further enacted, That all the paupers now in the poor house originally from Davie, shall be transferred to the wardens of said Davie County.

SEC. 13. Be it further enacted, That this act shall be in force from and after the ratification.

Ratified 20th December, 1836.

WILLIAM H. HAYWOOD, JR., S.H.C.
HUGH WADDELL, S.S.

Secretary of State's Office, April, 1837.
I hereby certify that the Acts and Resolutions contained in this pamphlet are true
copies of the original Acts and Resolutions passed by the Legislature at its last session.
WILLIAM H. HILL
Sec'y of State.

* During the same General Assembly the Legislature passed the following two "supplemental Acts" to the above:

An Act Supplemental to An Act, Passed at the Present General Assembly, Entitled "An Act to Lay Off the County of Davie."

Chapter V

Laws of the State of North Carolina Passed by the General Assembly 1836-1837 - Pages 26-28.

Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That there shall be a Superior Court of law and Court of Equity opened and held at the town of Mocksville until a court house shall be built, as provided for in said Act, then at said town and court house in the county of Davie, on the eighth Monday after the third Monday in February next, and on the eighth Monday after the third Monday in Angust, and on the same days in each and every year hereafter; which courts shall have the same jurisdiction that the present Superior Courts of Law and Courts of Equity in the several counties in this State now have and exercise.

SEC. 2. Be it further enacted, That the county of Davie shall hereafter constitute a part of the sixth circuit; and the Judge and Solicitor who shall attend the Superior Courts in said county, shall be respectively entitled to the same pay for attending said courts, that they now by law are entitled to receive for attending other Superior Courts in said circuit.

SEC. 3. Be it further enacted, That a clerk and clerk and master in equity, both men of skill and probity, and residents in the county of Davie, shall be appointed for the same, by the Judge attending the first term of said court.
They shall give bond and security, as directed by law for such officers, and take the oath prescribed for their qualification. The clerk so appointed shall hold his office until the regular election and qualification of his successor. The County Court of Davie shall appoint thirty jurors, to attend the said court, in the same manner as jurors are appointed to attend other Superior Courts in this State.

SEC. 4. Be it further enacted, That all civil causes depending in the Superior Court of Law and Equity for Rowan, the plaintiffs in which causes reside in Davie County, and also all actions of ejectment and trespass, quere clausum fregit, for or concerning lands in Davie County, shall be transferred, with all process and proceedings therein, to the Superior Court of law hereby established for the county of Davie; and the provisions of the Act passed in the year eighteen hundred and six, entitled "An Act Amendatory and Supplementary to an Act, Entitled 'An Act for the More Convenient Administration of Justice,'" and all other Acts supplemental thereto, for the appointment, summoning and attendance of jurors; for the transmission and receipt of the records, proceedings and papers: for docketing and bringing the causes forward for trial; for summoning witnesses; for issuing original and mesne process, prior to the first term of Davie Superior Court; and generally for all other purposes relative to the preparation for trial and determination of the business of said court, be, and the same are hereby extended to the Superior Court of Davie County. The neglects and failures of the several officers of the Superior Courts of Rowan and of the County Courts of Davie, shall be subject to the same penalties and forfeitures as are prescribed for similar neglects and failures by the said Act; and the said officers shall be entitled to the same fees for their services as are established by the said Act for like services.

SEC. 5. Be it further enacted, That the constables now residing in the county of Davie, shall continue to hold their respective offices, and perform all the duties appertaining thereto, subject to the same rules, regulations and penalties as constables in the other counties in this State, until the first County Court to be held for said county.

SEC. 6. Be it further enacted, That it shall be competent for a majority of the commissioners, who shall be appointed by the County Court of Davie, to select a site for a seat of justice and for other purposes, to do all things belonging or appertaining to their commission, as fully and effectually as the whole of said commissioners might do; and that the said commissioners, or a majority of them, may let out, to the lowest bidder, or contract for the building of a court house and jail, upon whatever plan or form they may deem advisable; and that the permanent seat of justice shall be in Mocksville, or within two miles of the same; and they may receive any quantity of land for that purpose, not less than fifteen acres; any thing to the contrary notwithstanding.

SEC. 7. Be it further enacted, That the County Court of Davie, a majority of the justices benig present, may lay a tax not exceeding one dollar on the poll, and thirty cents on every hundred dolhrs valuation of real estate, for the purpose of building the court house and jail.

SEC. 8. Be it further enacted, That this Act shall be in force from and after its ratification.

Ratified 9th January, 1837.

WILLIAM H. HAYWOOD, JR., S.H.C.
HUGH WADDELL, S.S.

Secretary of State's Office, April, 1837.
I hereby certify that the Acts and Resolutions contained in this pamphlet are true
copies of the original Acts and Resolutions passed by the Legislature at its last session.
WILLIAM H. HILL
Sec'y of State.

An Act Concerning the County of Davie.

Chapter VI

Laws of the State of North Carolina Passed by the General Assembly 1836-1837 - Pages 28-29.

Be it enacted by the General Assembly of the state of North Carolina, and it is hereby enacted by the authority of the same, That at the holding of the first Court of Pleas and Quarter Sessions of the county of Davie, it shall be lawful for any justice of the peace of the county of Rowan, to administer to the justices of the peace of the said county of Davie, such oaths as may be necessary to qualify them for the duties of justices of the peace for said county; and that this Act shall be in force from and after its ratification.

Ratified 13th January, 1837.

WILLIAM H. HAYWOOD, JR., S.H.C.
HUGH WADDELL, S.S.

Secretary of State's Office, April, 1837.
I hereby certify that the Acts and Resolutions contained in this pamphlet are true
copies of the original Acts and Resolutions passed by the Legislature at its last session.
WILLIAM H. HILL
Sec'y of State.



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