North Carolina - Legislative Acts Creating Precincts / Counties

An Act for Dividing the County of Stokes.*

Chapter XXIII

Laws of the State of North Carolina Passed by the General Assembly 1848-1849 - Page 58.

WHEREAS, the extent and peculiar situation of the county of Stokes render it desirable, with a large majority of its
inhabitants, to have the same divided:

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 from and after the passing of this Act, the county of Stokes shall be divided into two distinct counties, by a line beginning at the South West corner of Rockingham County, and running thence West to the Surry County line.

Sec. 2. And be it further enacted, That all that part of the said county, lying North of said line, shall be erected into a distinct county by the name of Stokes County; and all that part lying South of said line, shall be erected into another distinct county by the name of Forsyth County, in honor of the memory of Col. Benjamin Forsyth, a native of Stokes County, who fell on the Northern frontier, in the late war with England.

[Ratified 16th January, 1849.]

ROBERT B. GILLIAM, S.H.C.
CALVIN GRAVES, S.S.

State of North Carolina
Office of the Secretary of State
April, 1849.
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.
WM. 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 at the Present General Assembly, Entitled "An Act to Divide the County of Stokes Into Two Distinct Counties."

Chapter XXIV

Laws of the State of North Carolina Passed by the General Assembly 1848-1849 - Pages 59-66.

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 counties of Forsyth atid Stokes shall be, and they are hereby respectively invested with all the rights, privileges and immunities of the other counties of this State.

Sec. 2. Be it further enacted, That Caleb Jones. Frederick C. Minung and John Banner, be, and they are hereby, appointed commissioners, and are empowered and required to run the line, dividing the new county of Stokes from the county of Forsyth, agreeably to the directions of said Act; and when said commissioners, or a majority of them, shall have run and marked said line, they shall make a report, in writing, of the principal landmarks designating the same, to the county court of each of said counties, where such report shall be duly entered of record; and the said line shall be deemed and taken as the dividing line between said counties. The expense of running said line shall be defrayed, one half by the county of Stokes and one half by the county of Forsyth: Provided, however, in running said dividing line, it shall be the duty of said commissioners to run the line near Germanton, so as to have the court house and public buildings in the county of Stokes, and that they shall be the property of said county and subject to such disposition as the county court of said county may make of them.

Sec. 3. Be it further enacted, That Alexander King, William C. Moore, James Byerson, John Banner and Stephen Smith, be, and they are hereby appointed commissioners for the county of Stokes, and Zadock Stafford, John Stafford, Henry A. Lemley, Leonard Conrad and Francis Fries, be, and they are hereby appointed commissioners for the county of Forsyth, whose duty it shall be to select and determine suitable sites for permanent seats of justice in their respective counties; to purchase, or receive by donation, tracts of land on which to erect the necessary public buildings; to lay off the residue, not used for public purposes, in streets and town lots; to sell such lots at public auction to the highest bidder, on a credit of one and two years; to cause bonds with good security to be executed and delivered to the chairman of the county court of each of said counties respectively, and his successors, for the amount realized at such sale. Provided, however, it shall be the duty of said commissioners to purchase for and at each court house not less than thirty acres of land.

Sec. 4. And be it further enacted, That the title of the said tracts of land obtained by said commissioners, shall be made to the chairman of the county court of county in which such land is situated and his successors in office, and by him to the person or persons purchasing from said commissioners.

Sec. 5. Be it further enacted, That said ten commissioners, or a majority of them, shall apportion any debt which may be due from the original county between the two new counties, in such manner as to them or a majority of them shall seem just and equitable.

Sec. 6. Be it further enacted, That said commissioners, in their respective counties, shall cause to be erected the necessary public buildings, according to such plans, in such manner, and on such terms, as they, or a majority of them, may consider most conducive to the public good; provided the cost of erecting such buildings does not exceed the amount to be determined on by the respective county courts.

Sec. 7. In case of any of the commissioners above appointed should refuse, or in any way be prevented from aiding
in the discharge of the duties by this Act imposed, then the acts of the remainder of said commissioners (there not
being less than three acting in either of the respective counties) shall be as valid as though all had participated.

Sec. 8. Be it further enacted, That all paupers originally from that part now composing the county of Stokes shall be transferred to the wardens of said county of Stokes; and all paupers originally from that part now composing the
county of Forsyth, shall be transferred to the wardens of said county of Forsyth.

Sec. 9. Be it further enacted, That the counties of Forsyth and Stokes shall continue to be represented in the General Assembly of this State as one county, in the name of the county of Stokes, until a future Legislature shall otherwise provide and direct; and until such provision is made, all elections shall be held for Governor of the State, members of both houses of the General Assembly, and of Congress, and Electors for President and Vice President of the United States by the sheriff or other returning officers of Stokes County, in all the territory comprehended in the limits of the counties of Stokes and Forsyth, at the times and places, and under the same rules, regulations and restrictions, as have been appointed or may hereafter be appointed by law; and the certificate of said sheriff or returning officer, to the result of said election or elections shall be as valid and effectual, to all intents and purposes, as if the Act to divide the county of Stokes had never been passed.

Sec. 10. Be it further enacted, That all the justices of the peace and officers of the militia who reside within the respective counties of Stokes and Forsyth, shall continue to hold and exercise all the official powers and authorities in and for said counties in which they reside, as fully as they have hitherto held and exercised in the original county of Stokes.

Sec. 11. Be it further enacted, That the clerk of the county court, clerk of the superior court, the clerk and master of the court of equity, the sheriff and coroner, register and surveyor, and all the constables of the original county of Stokes shall hold their respective offices and perform all duties appertaining thereto, in and for the county in which their residence is situated, at the time this Act is ratified, and so continue to do until the time for which they have been elected or appointed shall have expired, under the same rules, regulations and penalties, as they would have been subject to in case the Act to divide the county of Stokes had not been passed.

Sec. 12. Be it further enacted, That the sheriff of the original county of Stokes shall have power to collect such sums of money as are due or may become due on any judgment before the first county court in either of said new
counties of Stokes or Forsyth, and he shall pay such sums of money so collected to the proper officer in the county in which such money shall have been collected; and further, said sheriff shall have power to collect all arrears of taxes due him in both said counties.

Sec. 13. Be it further enacted, That all public records and documents of the old county of Stokes, shall remain in care of the respective officers who now have charge of them, until otherwise ordered by the courts of the respective counties in which such officers reside. This section shall not be so construed as to prevent the said officers from transferring the papers in cases now pending in different courts in Stokes county as hereinafter directed.

Sec. 14. 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 Stokes, to be held by the justices appointed in the tenth section of this Act, and such others as may hereafter be appointed for said county, on the second Mondays of March, June, September, and December in each and every year; the first session of which shall be held at Germanton, on the second Monday of March next, when and where such court shall appoint all the necessary court officers not kept in office under the eleventh section of this Act; Provided, however, that the county court of Stokes, a majority of the justices being present, shall have power to determine at what time the new court house and jail for said county shall be built, and at what time the holding of the county and superior courts shall be removed to the place designated by the commisssioners herein appointed for that purpose.

Sec. 15. 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 Forsyth, to be held by the justices appointed in the tenth section of this Act and such others as may be hereafter appointed, in and for said county, on the third Mondays in March, June, September and December, in each and every year; the first session of which shall be held on the third Monday in March next, in the town hall at Salem, when and where the court aforesaid shall appoint the necessary court officers not kept in office under the eleventh section of this Act; and said court at its first session may appoint the place of its future sessions, until a court house shall have been erected for said county. After the erection of a court house, the courts of said county shall be held in the same.

Sec. 16. Be it further enacted, That all persons who may be liable to imprisonment, under any process either civil or criminal, in either of said counties, before the completion of their respective jails, may be committed to the old jail of
the original county of Stokes, or to the jail of any adjoining county, in like manner as when a jail has been destroyed by accident.

Sec. 17. Be it further enacted, That ail cases pending in the county court ot the original county of Stokes, in which either of the parties defendant or the ex parte petitioners live in the county of Forsyth, and all indictments against any of its citizens, shall be transferred to the county court of Forsyth County. And all cases not included in the above shall be transferred to the county court of Stokes County: Provided, that in cases when neither of the defendants live in either of said counties, the cases shall be removed to the court of either county as the plaintiff may desire. And the clerk who has charge of the records of the original county of Stokes by the thirteenth section of this Act, shall make out a regular transcript of all cases, to be removed from his docket by this section, and deliver all the papers, in such cases, to the court to which they are to be removed, in like manner as now provided for transferring suits from one county to another. The said clerk shall deliver all said transcripts and papers to the court to which they are to be removed, on the first day of its first term. And further, the said clerk shall, at the same time, deliver to the county courts of the respective counties of Stokes and Forsyth the tax lists of the year one thousand eight hundred and forty-eight, which he has received from the precincts of the respective counties.

Sec. 18. Be it further enacted, That there shall be a superior court of law, and a court of equity opened and held for the county of Forsyth, on second Monday after the fourth Monday in March and September in each and every year; and that there shall be a superior court of law and a court of equity opened and held for the county of Stokes, on the third Monday after the fourth Monday in March and September in each and every year; which courts shall have the same jurisdiction that corresponding courts in the several counties of this State now have and exercise. The first term of said courts for the county of Forsyth shall be opened and held on the second Monday after the fourth Monday of March next; and the first term for the county of Stokes, shall be opened and held on the third Monday after the fourth Monday of March next, at that place in each county which will have been selected by the county court of such county as the place of its future sessions. At the first term of said courts in both counties the judge shall appoint the necessary court officers not appointed by the eleventh section of this Act.

Sec. 19. Be it further enacted, That the counties of Forsyth and Stokes shall constitute a part of the Fourth Circuit, and the solicitor who shall attend the superior courts of said counties shall be entitled to the same pay for his services that he is entitled to receive for attending the other courts on his circuit.

Sec. 20. Be it further enacted, That all cases pending, in the superior court of law and the court of equity of the
original county of Stokes in which either of the plaintiffs or either of the petitioners reside in the county of Forsyth,
and when neither of the plaintiffs live in either of said counties, but one of the defendants lives in the county of Forsyth; and all indictments against any of its citizens, shall be removed to the respective courts in the county of Forsyth. The cases not above stated shall be removed to the new county of Stokes: Provided, the cases where neither of the parties live in either of said counties, shall be removed at the option of the plaintiffs. And the clerk and clerk or masters having charge of the dockets and papers shall transfer the cases to be removed from his docket in the same manner that is now provided for removing cases from one county to another.

Sec. 21. Be it further enacted, That the superior court of law and equity in and for the county of Guilford shall hereafter commence and be held on the fourth Monday after the fourth Monday in March and September, in each and every year.

Sec. 22. Be it further enacted, That up and until the time of holding the first court of pleas and quarter sessions for
the county of Forsyth, both the civil and criminal law shall be enforced; and the several officers therein shall issue all
civil State process throughout that portion of county of Stokes as heretofore.

Sec. 23. Be it further enacted, That the records of the present county of Stokes shall belong to the county of Stokes, except that part thereof in this Act required to be removed to the county of Forsyth.

[Ratified 27th day of January, 1849.]

ROBERT B. GILLIAM, S.H.C.
CALVIN GRAVES, S.S.

State of North Carolina
Office of the Secretary of State
April, 1849.
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.
WM. HILL, Secretary of State.



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