North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter VIII

Laws of the State of North Carolina Passed by the General Assembly 1842-1843 - Pages 8-9.

Sec. 1. 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 portion of Lincoln County beginning at a point on the Catawba River, and running west, so as to pass within one mile and a half north of Lincolnton, to the Cleveland County line, and thence with the dividing line between Cleveland and Lincoln to the Burke line; thence with the line dividing Burke and Lincoln to the Catawba River; and thence with the meanderings of said river to the beginning—be, and the same is
hereby erected into a new and separate County by the name of Catawba.

SEC. 2. Be it further enacted, That B. C. Allen, Lawson Lawrence, Thomas Clonninger, Daniel Lutz, Joseph Wilson, Alexander McCaskill and Daniel Finger, be, and they are hereby appointed Commissioners to select some eligible point in said County which shall be the County seat thereof.

SEC. 3. Be it further enacted, That the said County of Catawba, shall be entitled to all the rights, privileges and
immunities, of other Counties in this State.

SEC. 4. Be it further enacted, That this Act shall be in force from and after its passage.

Ratified 12th of December, 1842.

CALVIN GRAVES, S.H.C.
LOUIS D. WILSON, S.S.

North Carolina
Secretary of State's Office
April, 1843
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 by the Present General Assembly, Entitled "An Act to Lay Off and Establish a New County by the Name of Catawba."

Chapter IX

Laws of the State of North Carolina Passed by the General Assembly 1842-1843 - Pages 9-13.

SEC. 1. 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 Justices of the Peace, Officers of Militia and Constables, who reside within the
county of Catawba, shall continue to hold, exercise and perform all their official functions, under the rules, regulations and penalties, as they have hitherto held them in the county of Lincoln.

SEC. 2. Be it further enacted, That a Court of Pleas and Quarter Sessions shall be, and is hereby established in and for the said county of Catawba, to be held by the Justices of said county, on the second Monday in June and December, in each and every year.

SEC. 3. Be it further enacted, That all criminal offenses that may be committed in that part of Catawba, taken from Lincoln, which are cognizable only in the Superior Court of Law, which shall be, and continue under the jurisdiction of the Superior Court of Law of the county of Lincoln, until a Superior Court of Law shall be established for the county of Catawba; and that all persons liable to imprisonment under any process, civil, or criminal in Catawba,
before the completion of a Jail in said county, shall be committed to the Jail of any adjoining county as now provided for by law; and that all processes issued from the Superior Courts of Lincoln against any person or persons of Catawba, shall be valid without the seal of office being affixed thereto, until a Superior Court is created for Catawba, and until a Sheriff be elected or chosen for the County of Catawba, all such processes shall be executed by the Sheriff of Lincoln County: Provided, nevertheless, That nothing in this Act shall be construed so as to prohibit the Sheriff of Lincoln from collecting such moneys as are due, or may become due, on any judgment, before the first Court of Pleas and Quarter Sessions shall be held for the county of Catawba, or from collecting the arrears of taxes in the same manner as he could have done previous to the passage of this Act.

SEC. 4. Be it further enacted, That the Court of Pleas and Quarter Sessions established by this Act, shall possess
and exercise the same authority and jurisdiction as is possessed by other county courts in this State; and all suits of law now pending in the County Court of Lincoln, wherein the citizens of Catawba County are both Plaintiff and Defendant, and all indictments in the County Court of Lincoln, against the citizens of Catawba, shall be transferred to the County Court of Catawba; and all appeals from the County Court of Catawba, until the Superior Court is established, shall be sent to the Superior Court of Lincoln.

SEC. 5. Be it further enacted, That the Commissioners appointed by the Act aforesaid, shall select at an early day, a site for the permanent seat of Justice for said county, who, before entering upon the duties of said appointment, shall swear to execute the duties faithfully and impartially, and to locate said site within two miles of the center of said county, which may be determined by survey or otherwise, if thought necessary by a majority of said Commissioners; and a majority of said Commissioners shall be a quorum to act.

SEC. 6. Be it further enacted, That said Commissioners shall have power to purchase or receive by donation for the use of the county of Catawba, a tract of land not less than fifty acres, to be conveyed to the Chairman of the County Court, and his successors in office, upon which a town shall be laid off, which shall be called and known by the name of Newton, where the Court House and Jail shall be erected, and where, after the completion of said Court House, the Clerks and Register shall keep their offices.

SEC. 7. Be it further enacted, That Joshua Wilson, Isaac Holland and Eli Shafford, be appointed Cnmmissioners,
who shall run the line as soon as practicable between Lincoln and Catawba, according to the Act aforesaid, and make a return of their proceedings, under their hands and seals, to the next County Court of Lincoln and Catawba, to be held next after the passage of this Act; and the Commissioners to lay off the town, shall lay off the lots of said town, and after designating such as shall be retained for public use, shall expose, after due notice, the balance, or such portion thereof as may by them be deemed necessary, at public auction, upon a credit of one and two years, taking bond and security, payable to the Chairman of the County Court, and his successors; and upon the payment of said purchase money, the said Chairman, or his successor or successors, shall execute titles therefor; which money shall be appropriated to the building of the Court House and Jail of said County of Catawba.

SEC. 8. Be it further enacted, That the Justices of said County of Catawba, shall hold the first term of the County
Court, at the time aforementioned, to wit: the third Monday after the third Monday in February next, on the thirteenth of March next, at the House of Mathias Barringer, in said county, and at which term, no Jury shall be summoned or needed; and no case shall be tried in which the intervention of a Jury is necessary; and a majority of the Justices of said county, shall elect a Sheriff, Clerk of the County Court, Coroner, Register, County Trustee, Entry Taker, Surveyor, Constables, and all other necessary officers, who shall enter into bond as required by law, and hold and continue said offices, until successors to them are duly chosen and qualified according to the Acts of the General Assembly in such cases made and provided; and the said court may appoint the place of its future sessions until the site be chosen, or a Court House be erected for said county.

SEC. 9. Be it further enacted, That the County Trustee, or such officer as the County Court of Catawba may appoint, is hereby authorized and empowered to ask, receive and demand from the County Trustee, or such officer of Lincoln County, as may have the fund in charge, such amounts as may have been collected from the citizens resident within the bounds of Catawba County, for the purpose of erecting a new Court House in Lincoln County; and the said Trustee, or such officer of Lincoln County, shall pay over on demand, said amount thus collected from, and paid by the inhabitants of Catawba.

SEC. 10. Be it further enacted, That all the papers in said county originally from Lincoln, shall be transferred to
said county, vice versa; and at the first County Court held in said county, the court, (a majority of the Justices being
present) shall appoint seven Wardens of the Poor, for said county, who shall hold their office, and perform all the duties pertaining to said office, until the regular elections for Wardens of the Poor, according to law.

SEC. 11. Be it further enacted, That at the next election for members of Congress, the Sheriff of said county of
Catawba, shall hold an election at the several precincts in said county, for a Clerk of the Superior Court of said county, to serve for four years, under the same penalties and liabilities imposed by law on Sheriffs and Clerks of the Superior Courts.

SEC. 12. Be it further enacted, That the counties of Lincoln and Catawba, shall continue to be represented in the General Assembly of this State, as one county, and in the name of the county of Lincoln; and the election for electors for President and Vice President of the United States, members of Congress, and members of the Senate and House of Commons, and Governor, shall be held by the Sheriff of Lincoln County, in all the territory hitherto comprehended in said county, at the times and places, and under the same rules, regulations, and restrictions, as hitherto; and certificate of said Sheriff, or other returning officer of said county of Lincoln, shall be as valid as if this Act had never been passed.

SEC. 13. Be it further enacted, That the fourth section of an Act, passed at the present session of the General Assembly, entitled "An Act to Lay off and Establish a New County by the Name of Catawba," be, and the same is hereby repealed, and that this section only shall take effect, and be in force from and after the ratification,

Ratified 14th of January, 1843.

CALVIN GRAVES, S.H.C.
LOUIS D. WILSON, S.S.

North Carolina
Secretary of State's Office
April, 1843
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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