North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter XII

Laws of the State of North Carolina Passed by the General Assembly 1838-1839 - Pages 20-21.

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 all the Southern portion of Buncombe County, beginning on the top of Pisgah Mountain, on the
Haywood line, and from thence taking the dividing ridge between Hominy Creek and Mills' River, to the dividing ridge between Mills' River and Avery's Creek; from thence, keeping said ridge, to the head of Israel's Branch; from thence, taking down said Branch, to French Broad River; from thence, up said River, opposite the mouth of Cane Creek; from thence, crossing the River, to the mouth of Cane Creek; from thence, taking up Cane Creek, to the Buncombe Turnpike Road; from thence, taking said Road, to the top of the ridge between Cane Creek and Mud Creek; from thence, taking the main dividing ridge, between Cane Creek and Clear Creek waters, to the top of the Bear Wallow Mountain, on the Rutherford line; from thence, with the Rutherford line, to the South Carolina line; from thence, with the South Carolina line, to the Macon line; from thence, with the Macon line, to the Haywood line; from thence, with the Haywood line, to Pisgah, the beginning, be, and the same is hereby erected into a separate and distinct County, by the name of Henderson.

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

Ratified 15th December, 1838.

WILLIAM A. GRAHAM, S.H.C.
ANDREW JOYNER, S.S.

North Carolina
Secretary of State's Office
April, 1939
I, William Hill, Secretary of State in and for the State of North Carolina, do hereby certify that the Acts and Resolutions contained in this Pamphlet are true copies of the original Acts and Resolutions passed by the General Assembly of this State, at its late session.
William Hill, Secretary of State.

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

An Act Supplemental to An Act, Passed at the Present General Assembly, Entitled "An Act to Lay Off and Establish a County by the Name of Henderson."

Chapter XIII

Laws of the State of North Carolina Passed by the General Assembly 1838-1839 - Pages 21-25.

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 the county of Henderson 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.

II. Be it further enacted, That all the Justices of the Peace, and Officers of the Militia, who reside within the limits of the county of Henderson, shall continue to hold and exercise all the official powers and authorities, in and for said
county, that they have hitherto held and exercised in and for the county of Buncombe.

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

IV. Be it further enacted, That the counties of Buncombe and Henderson shall continue to be represented in the
General Assembly as one county, and in the name of the county of Buncombe, until a future Legislature shall otherwise provide and direct; and elections shall be held, until the first session of the General Assembly which shall be had after the year eighteen hundred and forty-one, for members of both Houses of the General Assembly, and of Congress, and for Electors for President and Vice President, by the Sheriff or other returning Officers of Buncombe 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 the Act laying off and establishing the county of Henderson had never been passed.

V. Be it further enacted, That a Court of Pleas and Quarter Sessions shall be, and the same is hereby established in
and for the county of Henderson, to be held by the Justices of said county, on the third Monday in February and July, and the fifth Monday after the fourth Monday in March and September, in each and every year—the first session of which shall be held on the third Monday of February next, at the house of Hugh Johnson, when the Court aforesaid, a majority of the Justices of said county being present, shall elect a Clerk, a Sheriff, a Coroner, a Register, an Entry Taker, a Surveyor, Constable, and all other Officers for said county, who shall enter into bond as required by law, and sliall 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.

VI. Be it further enacted, That the Court of Pleas and Quarter Sessions, established by this Act, shall possess and
exercise the same power, authority and jurisdiction, as is possessed and exercised by other County Courts in this State, and shall have exclusive jurisdiction of all crimes committed within the limits of Henderson County, of which the County Courts have jurisdiction, until a Superior Court of Law is established for said county; and all suits at law, now pending in the County Court of Buncombe, wherein the citizens of Henderson County are both Plaintiffs and Defendants, and all indictments, in the County Court of Buncombe, against citizens of Henderson County, shall be transferred to the County Court of Henderson, in the manner now provided for transferring suits from one county to another; and all appeals from the County Court of Henderson shall be sent to the Superior Court of Buncombe.

VII. Be it further enacted, That all criminal offenses which may be committed in the County of Henderson, 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 Buncombe, until a Superior Court shall be created for the County of Henderson.

VIII. Be it further enacted, That all persons who may be liable to imprisonment under any process, either civil or
criminal in Henderson County, before the completion of the Jail therein, may be committed to the Jail of Buncombe.

IX. Be it further enacted, That all process issued from the Superior Court of Buncombe against the citizens of Henderson, shall be valid without the seal of office being affixed thereto, until a Superior Court is created for the County of Henderson, and all process so issued, after the third Monday of February next, shall be directed to the Sheriff of Henderson County, and be executed by him.

X. Be it further enacted, That Asa Edney, Capt. Robert Jones, Richard Allen, John Miller, Benjamin Wilson, Epaphroditus Hightower, John Clayton, Esq., Col. Samuel Chunn, Reuben Deaver, John Jarret, Senr. and John Young, are hereby appointed Commissioners, to select and determine upon a site for a permanent seat of justice in said County, who shall locate the same as near the center of said County as practicable, by taking into consideration, both the extent of territory and population, and nine of tlie Commissioners hereby appointed shall have power to act.

XI. Be it further enacted, That seven of the above appointed Commissioners first named, shall have power to purchase or receive, by donation, for the use of the County of Henderson, 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 a town shall be laid off, and shall be called Hendersonville, where the Court House and Jail shall be erected, and where, after the completion of the Court House, the Courts of said County shall be held, and the Clerk and Register shall keep their offices.

XII. Be it further enacted, That the County Court of Henderson, at its first session, shall appoint five Commissioners, to lay off the lots of said Town, and, after designating such as shall be retained for public uses, shall expose, after advertisement for thirty days, the residue to sale at public auction, upon a credit of twelve and eighteen months, and shall take from the purchaser bonds, with security for the purchase money, payable to the Chairman of the County Court and his successor in office, and upon payment of the purchase money, the Chairman, or his successor in office, shall execute titles therefor, which money shall be appropriated to the building of the Court House and Jail.

XIII. Be it further enacted, That nothing in this Act contained, shall be so construed, as to prohibit the Sheriff of
Buncombe County, from collecting such sum or sums of money as are due, or may become due on any judgment, before the first Court ot Pleas and Quarter Sessions of the County of Henderson.

XIV. Be it further enacted, That nothing in this Act shall be so construed as to prevent the Sheriff of Buncombe from collecting all 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 Buncombe County shall not collect any taxes in the County of Henderson, or of the citizens of said County, imposed by the County Court of Buncombe, and which are collected in the year one thousand eight hundred and thirty-nine, but that the same may be collected by the Sheriff of Henderson, to the use of Buncombe County.

XV. Be it further enacted, That the Court of Pleas and Quarter Sessions of Buncombe shall have power, until a Superior Court is created for Henderson, to draw Jurors from said County, not exceeding sixteen, to serve at each term of Buncombe Superior Court, and the Jurors so drawn shall be summoned by the Sheriff of Henderson, and for non-attendance, shall be subject to the same penalties, imposed by the Statute Laws of this State, and the Jurors as aforesaid, after the year one thousand eight hundred and thirty-nine, shall not be paid by the County of Buncombe.

XVI. Be it further enacted, That all paupers in Buncombe County, originally from Henderson, after the year one thousand eight hundred and thirty-nine, shall be transferred to the Wardens of the County of Henderson.

XVII. Be it further enacted, That the citizens of the County of Henderson shall pass the Buncombe Turnpike Road free of toll, and be liable to work on said Road, under the same rules and regulations, as the citizens of Buncombe.

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

Ratified 28th December, 1838.

WILLIAM A. GRAHAM, S.H.C.
ANDREW JOYNER, S.S.

North Carolina
Secretary of State's Office
April, 1939
I, William Hill, Secretary of State in and for the State of North Carolina, do hereby certify that the Acts and Resolutions contained in this Pamphlet are true copies of the original Acts and Resolutions passed by the General Assembly of this State, at its late session.
William Hill, Secretary of State.



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