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
Ratified the 19th of December, 1842.
CALVIN GRAVES, S.H.C.
|* During the same General Assembly the Legislature passed the following "supplemental Act" to the above:|
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
SEC. 3. Be it further enacted, That the Constables now residing
in the County of McDowell, shall continue to hold
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
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
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
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
SEC. 10. Be it further enacted, That a majority of said commissioners
shall have power to purchase or receive by
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
SEC. 14. Be it further enacted, That the courts of Pleas and
Quarter Sessions of Burke and Rutherford shall have
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
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
Ratified the 21st of January, 1843.
CALVIN GRAVES, S.H.C.