North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter X

Laws of the State of North Carolina Passed by the General Assembly 1842-1843 - Page 14.

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 the counties of Rutherford and Burke, beginning at a point two miles
south of the corner of Burke and Rutherford, in said line; from thence a direct course to Cove Creek, at a point two
miles south of John Bradley's; thence to, and with the dividing ridge between Rock House Creek and Stoney Creek, crossing Second Broad River at the mouth of Rock House Creek; thence a direct course to the Burke line, at or near Conway's Knob; thence with the Burke and Rutherford line, to a point on the South Mountains, two and one half miles east of Cane's Creek; thence a direct line crossing the top of the Pilot Mountain, to the mouth of Shadrick's Creek; thence a direct course to the top of Linville Mountain, and with the said mountain to the Yancey line; thence with the Yancey line, to the Buncombe line, and with said line to the beginning; be, and the same is hereby created into a separate and distinct County by the name of McDowell.

Ratified the 19th 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 County by the Name of McDowell."

Chapter XI

Laws of the State of North Carolina Passed by the General Assembly 1842-1843 - Pages 15-19.

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 the County of McDowell shall be, and is hereby invested with all the rights, privileges and immunities of the other counties in this State.

SEC. 2. Be it further enacted, That the Justices of the Peace, and Officers of Militia, who reside within the limits of the county of McDowell, shall continue to hold and exercise all the offlcial powers and authorities in and for said
county, that they have hitherto held and exercised in the counties of Burke and Rutherford.

SEC. 3. Be it further enacted, That the Constables now residing in the County of McDowell, 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.

SEC. 4. 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 McDowell, to be held by the Justices of said county; the first Court to be held on the second Monday in March, in the year one thousand eight hundred and forty-three, and thereafter, the said Court of Pleas and Quarter Sessions shall be opened, and held for said county, at the times following, to wit: the winter and summer sessions on the fifth Monday after the fourth Monday in June and December, in each and every year; and the spring and fall sessions, on the seventh Monday after the fourth Monday in March and September, in each and every year; and that the sessions of said Court shall be held at the house of Jonathan L. Carson, until the seat of Justice for said county shall be established as herein provided; and that at the first session of said Court, a majority of the Justices of the Peace being present, shall elect a Clerk, Sheriff and Coroner, Register, Entry Taker, Surveyor, Constables and all 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 made and provided.

SEC. 5. 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 McDowell County, of which the County Courts of other counties in this State have jurisdiction, until a Superior Court of Law is established for said county; and all suits at law now pending in the County Courts of Burke and Rutherford, wherein the citizens of McDowell are both plaintiffs and defendants, and all indictments in said Courts against citizens of McDowell, County, shall be transferred to the County Court of McDowell, in the manner now provided for transferring suits from one county to another; and all appeals from the County Court of McDowell, shall be sent to the Superior Court of Burke, for trial, when the plaintiffs reside in that portion of McDowell taken from Burke, and to the Superior Court of Rutherford, when the plaintiffs reside in that portion of said county taken from Rutherford.

SEC. 6. Be it further enacted, That all criminal offenses which may be committed in that part of McDowell County taken from Burke, 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 Burke, and similar offenses committed in that portion of
said county taken from Rutherford, shall be, and continue under the jurisdiction of the Superior Courts of Rutherford, until a Superior Court of Law shall be given to the County of McDowell.

SEC. 7. Be it further enacted, That all persons who may be liable to imprisonment under any process, either criminal or civil, in McDowell County, before the completion of a jail in said county, shall be committed to the jail of
either the county of Burke or Rutherford.

SEC. 8. Be it further enacted, That all process issued from the Superior Courts of Burke and Rutherford, against the citizens of McDowell, shall be valid without the seal of office being affixed thereto, until a Superior Court is created for the county of McDowell; and all process so issued, until a Sheriff shall have been elected for the county of McDowell, shall be executed by either the Sheriff of Burke or Rutherford; and after that time such process shall be directed to the Sheriff of McDowell and be executed by him.

SEC. 9. Be it further enacted, That David Corpening and Joseph J. Erwin, of the county of Burke; Thomas Baker, of the county of Yancey; Samuel W. Davidson, of the county of Buncombe; and A. W. Whitesides, of the county of Rutherford, are hereby appointed Commissioners to select and determine upon a site for a permanent seat of
justice for said county, who shall locate the same as near the center of said county as practicable; and in case either
of said commissioners shall die, resign, or refuse to act, then the vacancy, so created, shall be filled by the other commissioners, or a majority of them; and a majority of said commissioners shall have power to act.

SEC. 10. Be it further enacted, That a majority of said commissioners shall have power to purchase or receive by
donation, for the county of McDowell, a tract of land, consisting of not less than twenty-five acres, to be conveyed
to the chairman of the county court of said county, and his successors in office, upon which a town shall be laid off and called "Marion," 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 Clerks and Registers shall keep their offices.

SEC. 11. Be it further enacted, That the county court of McDowell, 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 due notice, the residue to sale, at public auction, upon a credit of one and two years, and shall take from the purchasers, bonds and security for the purchase money, made payable to the chairman of the county court and his successors; and upon the payment of the purchase money, the chairman and his successors shall execute title therefor; which money shall be appropriated to the building of a Court House and Jail.

SEC. 12. Be it further enacted, That nothing in this Act shall be so construed, as to prohibit the Sheriffs of Burke and Rutherford from collecting such moneys as are due or may become due, on any Judgment, before the first Court of Pleas and Quarter Sessions that shall be held for McDowell County.

SEC. 13. Be it further enacted, That this Act shall not be so construed as to prevent the Sheriffs of Burke and
Rutherford from collecting all arrears of taxes in the same manner as they could have done previous to the creation of the county of McDowell: provided, nevertheless, that the Sheriffs of Burke and Rutherford counties shall not collect any taxes in the county of McDowell, or of the citizens of said county, imposed by the county courts of Burke and Rutherford, and which are to be collected in the year one thousand eight hundred and forty-three; but that the same may be collected upon the tax duplicates of the Clerks of Burke and Rutherford by the Sheriff of McDowell, and be paid over to the use of McDowell County.

SEC. 14. Be it further enacted, That the courts of Pleas and Quarter Sessions of Burke and Rutherford shall have
power until a Superior court is created for McDowell, to draw Jurors from said county as heretofore, for Burke and Rutherford Superior courts: and the Jurors so drawn shall be summoned by ths Sheriff of McDowell, and for non-attendance shall be subject to the same penalties as are now prescribed by law.

SEC. 15. Be it further enacted, That the Superior courts of Burke and Rutherford counties, shall continue to have and exercise the same jurisdiction in matters of a civil nature, both at law and equity, in the portions of McDowell
taken from the counties of Burke and Rutherford as has been heretofore held and exercised by said courts, until a Superior Court of Law and Equity shall be given to the county of McDowell.

SEC. 16. Be it further enacted, That the county of Burke, and that portion of the county of McDowell taken from Burke, shall continue to be represented in the General Assembly of this State as one county, and in the name of the
county of Burke, as heretofore, and that the county of Rutherford and that portion of McDowell taken from the county of Rutherford, shall continue to be represented in the General Assembly of this State as one county, and in the name of the county of Rutherford, as heretofore; and the elections for Members of the General Assembly, Members of Congress, Electors of President and Vice President of the United States, and Governor, shall be held by the Sheriffs of Burke and Rutherford, within all that portion of territory hitherto comprehended within the limits of the counties of Burke and Rutherford, under the same rules, regulations and restrictions as hiterto; and the certificate of said Sheriff or other returning officer of said counties, shall be as valid as if this Act had never been passed; and the court of Pleas and Quarter Sessions for the counties of Burke and Rutherford are hereby authorized and required to appoint inspectors for holding elections for Members of the General Assembly Members of Congress, President and Vice Presdent, and Governor as heretofore: Provided, that all other elections shall be held in the county of McDowell in the same manner, and under the same rules, regulations and restrictions, as are now provided for holding elections in this State.

Ratified the 21st 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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