North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Erect That Territory of this State Lately Acquired by Treaty from the Cherokee Indians, Into a Separate and Distinct County, by the Name of Cherokee.*

Chapter X

Laws of the State of North Carolina Passed by the General Assembly 1838-1839 - Page 18.

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 that part of Macon County bounded as follows, viz: beginning at the junction of the Tennessee and Tuckasegee Rivers; thence down the main channel of the Tennessee River to the State line of Tennessee; thence with said Tennessee line, to where it intersects the Georgia line; thence with the line dividing this State from Georgia, Eastwardly, to the Mountain dividing the waters of Hiwassee and Valley Rivers, from those of the Nantahala River; thence along with the highest summit, and various courses of the said Mountain, to the point of beginning, be, and the same is hereby erected into a separate and distinct County, by the name of Cherokee, with all the rights, privileges, and immunities of the other Counties of this State.

Ratified 4th January, 1839.

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

North Carolina
Secretary of State's Office
April, 1839
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 the Act Erecting the County of Cherokee.

Chapter XI

Laws of the State of North Carolina Passed by the General Assembly 1838-1839 - Pages 18-20.

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 first County Court of Cherokee shall be held in one of the houses of Fort Butler, on the first Monday before the fourth Monday in March and September, and the second Monday before the last Monday in January, and the third Monday before the last Monday in June; and for the purpose of organizing the first Court, it shall be lawful for any Justice of the Peace for the county of Macon to administer the oaths prescribed by law to such persons as may be appointed at the present session of the General Assembly Justices of the Peace for the county of Cherokee.

II. Be it further enacted, That the County Court of Cherokee shall have exclusive jurisdiction of all offenses of which County Courts have jurisdiction, which may hereafter be committed in said county.

III. Be it further enacted, That all suits between citizens of Cherokee, in the Courts of Pleas and Quarter Sessions of Macon County, and indictments, wherein citizens of Cherokee are defendants, shall be transmitted by the Clerk of Macon to the Clerk of Cherokee, in the same manner as suits are now sent from one county to another.

IV. Be it further enacted, That all causes, civil and criminal, arising in the county of Cherokee, of which, by the laws of the State, the Superior Courts have original jurisdiction, and all appeals from the County Courts of Cherokee, may and shall come within the jurisdiction of the Superior Court of Macon.

V. Be it further enacted, That the Justices of the Peace of the county of Cherokee, at their first Court, shall proceed
to appoint a Clerk, Sheriff, and other county Officers, (Entry Taker excepted,) in the same manner, and under the same rules as are prescribed by law for other counties in this State.

VI. Be it further enacted, That it shall be the duty of said Court, at its first session, to lay a tax, not less than fifty cents on the poll, and twelve and a half cents on the hundred dollars value of land, for the purpose of providing a fund to build a Court House in said county.

VII. Be it further enacted, That until a Court House and Jail shall be built in said county, any of the buildings put up by the Army at Fort Butler, on the four hundred acres of land on which the town of Murphey is situate, shall be for
the use of the Courts of the county of Cherokee, until a Court House and Jail shall be built.

VIII. Be it further enacted, That all Militia Officers, within the bounds of the county of Cherokee, shall continue to exercise the same authority as they have heretofore done in the county of Macon, and shall be subject to the same
penalties as like Officers in other counties.

IX. Be it further enacted, That any person moving or in any way damaging any of the buildings at Fort Butler, or cutting any timber on any part of the four hundred acres of land set apart for the future disposition of the Legislature, shall be subject to indictment; and, on conviction, shall pay all damages, and be fined at the discretion of the Court.

Ratified 8th January, 1839.

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

North Carolina
Secretary of State's Office
April, 1839
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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