North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter XIII

Laws of the State of North Carolina Passed by the General Assembly 1840-1841 - Pages 37-40.

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 hereby laid off, and established in the territory now comprehended in the Western limits of Montgomery County, in manner as follows, viz: That the Rivers Pee Dee and Yadkin, as now running through the County of Montgomery, shall be the dividing line between the County of Stanly and Montgomery; and all that part of the present County of Montgomery, lying and being West of the said Rivers, Pee Dee and Yadkin, shall hereafter constitute a separate and distinct County, to be called and known by the name of Stanly; and it shall be, and is hereby invested with all the rights, privileges and immunities of the other Counties of this State, except as is hereinafter provided.

II. Be it further enacted, That all Justices of the Peace, and Officers of the Militia, who reside within the limits of the
County of Stanly, 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 Montgomery.

III. Be it further enacted, That a Court of Pleas and Quarter Sessions shall be, and the same is hereby established,
in and for the said County of Stanly, to be held by the Justices last aforesaid, and such others as may be appointed, in and for said County, on the fourth Monday of January, April, July and October, in each and every year; the first Session of which, on the fourth Monday of April next, shall be held, at or near the House of Eben Hearne, when the Court aforesaid, a majority of the whole number of Justices of said Court 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 bonds 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 said Court, at its first Session as aforesaid, may appoint the place of its future Sessions, until a Court House shall be erected for said County.

IV. Be it further enacted, That Parham Kirk, Daniel Palmer, Mathias Moose, Senior, John Little, Jacob Elfird, Edward Davis, Richard Stoker, Sen., James Allen, William Swaringen, or any five of them, shall have power to act in this behalf, be and they are hereby appointed Commissioners to select and determine upon a suitable place for a permanent Seat of Justice in said County, which shall be within eight miles of the house of Eben Hearne, as aforesaid, and shall purchase, or receive by donation, for the use of said County, a tract of land containing not less than Fifty 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 Clerk's Office shall be kept in said Town.

V. Be it further enacted, That the Commissioners aforesaid, after laying off the lots of the Town aforesaid, shall designate such as shall bo retained for public uses, shall expose the residue to public sale upon a credit of one and two years, and shall take bond, with security for the payment of the purchase money, in favor of 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, regulations and restrictions, as like Courts in other Counties.

VI. Be it further enacted, That all persons who may be liable to imprisonment, under any process whether 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.

VII. 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 provisions, authorities and jurisdiction, as the same Courts possess and exercise in other Counties, and all suits now pending in any of the Courts of Montgomery County, wherein the citizens of Stanly 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 Stanly, in the manner now prescribed for transferring suits from one County, to another.

VIII. Be it further enacted, That nothing in this Act contained, shall be so construed as to prohibit the Sheriff of Montgomery County from collecting such sum or sums of money as are due, or may yet become due, on any judgment, before the first Court of Pleas and Quarter Sessions of said County of Stanly, or any taxes whatever may have been laid previously to the passage of this Act. The said Sheriff of Montgomery County shall keep an accurate statement of the amount of taxes which he shall collect in the County of Stanly, in the year one thousand eight hundred and forty-one, and shall certify the same so received for public taxes, on oath, to the Comptroller, in his annual settlement in the year last aforesaid.

IX. Be it further enacted, That all criminal offenses which may be committed in the County of Stanly, which are
cognizable only in the Superior Courts of law, shall be and continue under the jurisdiction of the Superior Courts of law of Montgomery County, until a sufficient Court shall be erected by law for the County of Stanly.

X. Provided always, nevertheless, That the County of Montgomery and Stanly shall continue to be represented in the General Assembly as one County, and in the name of the County of Montgomery, until a future Legislature shall
otherwise provide and direct; and elections shall be held for Members of both Houses of the General Assembly, of Congress, Governor of the State, and Electors of President and Vice President, by the Sheriff, or returning officer of Montgomery County, in all the territory heretofore ccmprehended within the limits of said County, and at the times and places, and under the same rules, regulalious and restrictions as have been appointed or may hereafter be appointed by law; and the certificate of said Sheriff, or other returning officer, as 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.

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

Ratified 11th January, 1841.

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

North Carolina
Secretary of State's Office
April, 1841
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, Entitled "An Act to Lay Off and Estblish a County by the Name of Stanly," and for Other Purposes

Chapter XIV

Laws of the State of North Carolina Passed by the General Assembly 1840-1841 - Pages 40-42.

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 Equity opened and held at or near the house of Eben Hearne, in the said County of Stanly, on the first Monday in September, and the first Monday in March, in each and every year thereafter until a Court House shall be built, as provided for in said Act, at the Town therein provided to be established, then at said Town and Court House, on the first Monday in March and the first Monday in September, in each and every year thereafter, which Courts shall have the same jurisdiction that the present Superior Courts of Law and Equity in the several Counties in this State now have and exercise.

II. Be it further enacted, That the several Courts of Pleas and Quarter Sessions of said County of Stanly, as provided for in said Act, to be held on the fourth Monday in January, April, July and October, in each and every year, shall be held on the second Monday in February, May, August and November, in each and every year, with all the powers and authorities conferred in said Act, and shall have and exercise all the jurisdiction and powers of other County Courts in this State, provided that the Justices of the Peace in said County of Stanly, at the first County Court to be holden on tha second Monday in February next, shall perform and execute all the duties and powers required of them to be exercised, at the County Court to be held on the fourth Monday in April, as provided for in said Act; and provided further, that nothing herein contained shall be so construed as to authorize
the Courts of Pleas and Quarter Sessions of the County of Stanly to have and hold jurisdiction of, or to try and determine causes civil or criminal, in which the intervention of a Jury may be necessary.

III. Be it further enacted, That the next Fall Term of the Superior Court of Law and Equity for the County of Moore, shall be holden on the Monday before the last Monday in August next; and that the Superior Courts of Law and Equity for the County of Moore thereafter, shall be holden on the Monday before the last Monday in February and August, in each and every year thereafter, and that all process shall issue and be returnable accordingly.

IV. Be it further enacted, That the next Fall Term of the Superior Court of Law and Equity for the County of
Montgomery, shall be holden on the last Monday of August next; and that the Superior Courts of Law and Equity for the said County of Montgomery, shall thereafter be holden on the last Monday in February and August, in each and every year thereafter, and that all process shall issue and be returnable accordingly.

V. Be it further enacted, That the County of Stanly shall hereafier constitute a part of the fifth Judicial Circuit in this
State, and the Judge and Solicitor who shall attend the Suuperior 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.

VI. Be it further enacted, That the Sheriff elected in and for the County of Montgomery at the last election of
Sheriff, shall have, possess and exercise all the rights, powers and privileges, and be subject to all the rules, regulations, restrictions and liabilities, in and for the Counties of Montgomery and Stanly, that he has heretofore exercised and been subjected to in the County of Montgomery, before the passage of the Act laying off and erecting the said County of Stanly, until a Sheriff shall be appointed, as provided for in the Act to which this is supplemental; and until a Sheriff shall be appointed for said County of Montgomery, by the first County Court of the County of Montgomery, which shall happen after the passage of this Act; and whenever a Sheriff shall be appointed for said Counties respectively, by the County Court of Stanly and the County Court of Montgomery, a
majority of the acting Justices being present, the respective Sheriffs thereof so appointed, shall continue in office in their several Counties until Sheriffs shall be elected by the free white men therein respectively, according to law.

VIII. And be it further enacted, That the seat of Public Justice in the said County of Stanly, shall be called "Albemarle," and by that name shall be known, and be recognized hereafter.

Ratified 11th January, 1841.

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

North Carolina
Secretary of State's Office
April, 1841
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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