North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter XII

Laws of the State of North Carolina Passed by the General Assembly 1842-1843 - Page 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 a new county, by the name of Union, be, and the same is hereby laid off and established of parts of the counties of Mecklenburg and Anson: Beginning at the corner of Anson and Mecklenburg, on the South Carolina line, and runs East on the South Carolina line, eleven miles; thence East of a parallel of the county line, so that it shall be thirteen miles East of the Cabarrus corner, on Rocky River; thence up the various courses of Rocky River to the corner of Anson and Mecklenburg; thence with the Cabarrus line, three miles; thence a direct line to where the Providence Road crosses Six Mile Creek; thence with the meanders of the creek, to the South Carolina line; thence with the South Carolina line to the beginning; which shall have all the powers, authorities and immunities of other counties in this State.

Ratified the 19th day 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 Union."

Chapter XIII

Laws of the State of North Carolina Passed by the General Assembly 1842-1843 - Pages 21-26.

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 Union shall be, and is hereby invested with all the rights, privileges and
immunities of the other counties in this State, except as is hereafter provided.

SEC. 2. Be it further enacted, That William Wilson, James A. Dunn, Silas Stewart, Moses Culverton, and James
Marsh, 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 as a suitable location can be obtained, provided it shall be
within two miles of the center of said county, which center shall be taken to be that point in a diagonal line, running
from the North East to the South West extremity of said county, which is equidistant from said extremities.

SEC. 3. Be it further enacted, That a majority of said commissioners shall have power to purchase, or receive by donation for the county of Union, a tract of land consisting of not less than fifty acres, nor more than one hundred, 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 Monroe, where the Court House and Jail shall be erected, and, where, after the completion of said Court House, the courts of said county shall be held, and the Clerks and Registers shall keep their offices. And the said commissioners shall lay off the lots of said town, and after designating such as shall be retained for public uses, shall, whenever required by the county court of said county, 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 or his successors shall execute title therefor; which money shall be appropriated to the building of a Court House and Jail.

SEC. 4. Be it further enacted, That the Justices of the Peace and officers of the Militia, who reside within the limits of the county of Union, shall continue to hold and exercise all official powers and authorities in and for said county, that they have hitherto held and exercised in the counties of Mecklenburg and Anson.

SEC. 5. Be it further enacted, That the constables now residing within the limits of the county of Union, 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 this State.

SEC. 6. Be it further enacted, That there shall be a Superior court of Law and Equity opened and held at Lebat's
Cross Roads, in the said county of Union, on the second Monday of February, in the year one thousand eight
hundred and forty-four, and the second Monday in August following, and at the same place from time to time, unless a Court House shall be built in the mean time, as provided for in this Act, at the town therein to be established; then at said town and Court House, on the second Monday in February and August, 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.

SEC. 7. 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 Union, to be held by the Justices of said county, on the first Monday in January, April, July and October, in each and every year; and that the first session of said court shall be held at Lebat's Cross Roads, on the first Monday in April next, and at the same place, from time to time, until a seat of Justice shall be established for said county, as is hereby provided; and at the first session of said court, a majority of the Justices of the Peace being present, they shall elect a Clerk of the Superior Court, a Clerk of the county court, county
Attorney, Sheriff, Coroner, Register, Entry Taker, Surveyor, Constables and all other officers for said county, who shall enter into the bonds required by law, and shall hold and continue in said office, until successors to them are duly chosen and qualified according to the Acts of the General Assembly, in such cases made and provided.

SEC. 8. 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 all suits at law, of which other county courts of other counties in this State have jurisdiction, now pending in the county court of Mecklenburg and Anson, wherein the citizens of Union are both plaintiff and defendants, or where the citizens of Union are defendants; and all indictments and criminal proceedings against citizens of Union County, in the county courts of Mecklenburg and Anson, of which other county courts in this State have Jurisdiction, shall be transferred to the county court of Union, in the manner now provided for transferring suits from one county to another.

SEC. 9. Be it further enacted, That all suits of law, or in equity, now pending in the Superior courts of Mecklenburg and Anson, of which the Superior courts in this State have jurisdiction, and wherein both plaintiff and defendants are citizens of Union, or wherein the citizens of Union are defendants and the plaintiffs are neither citizens of Anson or Mecklenburg, and all indictments and criminal proceedings against the citizens of Union, which shall be pending in the Superior Courts of Anson and Mecklenburg, and which are cognizable in the Superior Courts of this State, shall be transferred from the fall terms of Anson and Mecklenburg Superior Courts, to be held in the year one thousand eight hundred and forty-three, to the Superior Court of Union County, in the same manner as is now prescribed by law for transferring suits, from one county to another: Provided, that nothing in this section contained shall be so construed as to require the transferring of any suit, indictment or other proceedings before the appointments of the several Courts to which they are to be transferred.

SEC. 10. Be it further enacted, That until the respective Fall Terms of Anson and Mecklenburg Superior Courts, to be held in the year one thousand eight hundred and forty-three, the Superior Court of Anson shall have jurisdiction of all criminal offenses cognizable only in the Superior Courts of this State, which shall be committed in that portion of Union taken off Anson; and the Superior Court of Mecklenburg shall have jurisdiction of similar offenses committed in that portion of the said county of Union, taken off Mecklenburg; and in all such cases, it shall be the duty of the Justices of the Peace of Union County, when they shall give judgment against the defendant in any State's warrant for offenses as aforesaid, to bind over the defendant and witnesses, and make their returns to the Superior Courts of Anson and Mecklenburg, as they were heretofore bound to do.

SEC. 11. Be it further enacted, That all persons who may be liable to imprisonment under any process either civil or criminal in Union County, before the completion of the Jail therein, may be committed to the Jail of Mecklenburg or Anson.

SEC. 12. Be it further enacted, That nothing in this Act contained shall be so construed, as to prohibit the Sheriff of Anson or Mecklenburg from collecting such sum or sums of money as are due, or may become due on any judgments when the executions shall come to his hands, before the first Court of Pleas and Quarter Sessions, for the County of Union.

SEC. 13. Be it further enacted, That the Sheriff of Anson County shall continue to perform all duties pertaining to his office of Sheriff, in that portion of Union County taken off Anson; and the Sheriff of Mecklenburg in that portion of Union taken off Mecklenburg, under the same liabilities and penalties, and shall receive the same fees as heretofore provided by law, until the appointment of a Sheriff for the county of Union.

SEC. 14. Be it further enacted, That nothing in this Act is to be so construed as to prevent the Sheriffs of Anson
and Mecklenburg, from collecting all arrears of taxes in the same manner as they could have done previous to the creation of the County of Union; Provided, nevertheless, that the Sheriff of Anson and Mecklenburg shall not collect any tax in the county of Union, or of the citizens of said county, imposed by the County Courts of Anson and Mecklenburg, and which are to be collected in the year one thousand eight hundred and forty-three; but that the same to be collected by the Sheriff of Union, upon the tax duplicates of the Clerks of the counties of Anson and Mecklenburg, to the use of Union County.

SEC. 15. Be it further enacted, That in the distribution of the net annual income of the Literary Fund, the Literary
Board shall pay over as heretofore, to the Chairman of the Boards of Superintendents of the counties of Anson and
Mecklenburg, to be distributed by them as is now provided by law, until the next General Assembly.

SEC. 16. Be it further enacted, That all elections in said county of Union, shall be held in the same manner, and
under the same rules and regulations, as are now provided by law, for holding elections in other counties of this State, except in such cases as shall be otherwise provided by Acts of the present General Assemby.

SEC. 17. Be it further enacted, That all paupers in Anson and Mecklenburg, originally from those parts of said
counties which now form the county of Union, after the year one thousand eight hundred and forty-three, shall be transferred to the Wardens of Union County.

SEC. 18. Be it further enacted, That the county of Union, shall compose a part of the Sixth Judicial District; and the Judges and Solicitors shall aittend said courts, under the same provisions and liabilities, and receive the same pay, as is received for attending the Superior Courts of other counties in said district.

SEC. 19. Be it further enacted, That the Judge who shall ride the Fall Circuit, in the year one thousand eight
hundred and forty-three, of the Sixth Judicial District, shall appoint the Clerk and Master of the county of Union.

SEC. 20. Be it further enacted, That if the aforesaid Commissioners, shall fail to perform the duties assigned them
by this Act, by neglect, refusal, or otherwise, so that it shall become neccssary to issue a Mandamus, or other proceedings against them, to compel the performance of the aforesaid duties, the Superior Court of Mecklenburg, shall have jurisdiction of the same, until the Fall Term of Mecklenburg Superior Court, one thousand, eiglit hundred and forty-three.

Ratified the 26th day of January, A.D. 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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