North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter XL

Laws of the State of North Carolina Passed by the General Assembly 1850-1851 - Page 100.

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 a county be, and the same is hereby laid off and established out of that portion of the county of Surry, which lies South of the Yadkin River, and also including that portion of the county of Surry known and called by the name of Little Surry, said county to be called Yadkin; and that said county of Yadkin shall be invested with all the rights, privileges and immunities of the other counties in this State: provided a majority of the free white men entitled to vote for members of the House of Commons, in the present county of Surry, shall vote for the same, the sites for the new Court Houses being first fixed on at or near to the center of the new counties; the manner and time in which such vote shall be taken, and the sites for said Court Houses fixed on, to be prescribed by a supplemental law to be passed at this General Assembly.

[Ratified 28th December, 1850.]

JAMES C. DOBBINS, S.H.C.
WELDON N. EDWARDS, S.S.

State of North Carolina:
Office of the Secretary of State
April, 1851.
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 Lay Off and Establish a New County by the Name of Yadkin."

Chapter XLI

Laws of the State of North Carolina Passed by the General Assembly 1850-1851 - Pages 101-109.

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 Yadkin shall be, and it is hereby invested with all the rights, privileges and immunities of the other counties of this State, except as hereinafter provided.

Sec. 2. Be it further enacted, That Alfred W. Martin, William C. DeJournett, Solomon Vestal, John Shores Sen'r.
and Thomas Martin, are hereby appointed commissioners to select and determine upon a site for a permanent seat of justice in said county, who shall locate the same as near the center of said county, as a suitable location can be obtained, taking into consideration both the extent of territory and population; and a majority of said commissioners shall have power to act; and said commissioners shall have full power and authority, if they should deem it necessary, to employ a suitable surveyor or surveyors to aid and assist them in selecting a county site as aforesaid.

Sec. 3. Be it further enacted, That said commissioners, or a majority of them, shall have power to purchase or receive, by donation, for the county of Yadkin, a tract of land containing fifty 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 by the name of Wilson, 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 register 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 expose, after due notice, the balance, or such portion thereof as may be deemed by them necessary, 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 in office; 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 Yadkin County, shall continue to hold and exercise all the official powers and authorities in and for said county, that
they had hitherto held and exercised in the county of Surry.

Sec. 5. Be it further enacted, That Henry G. Hampton, sheriff of Surry County, and Theophilus C. Hauser, county
trustee for said counly, and Samuel Spears, Sr., Surveyor for said county, and all constables, now residing within the limits of Yadkin County, shall continue to hold their respective offices in said county, and perform all duties appertaining thereto, until the expiration of the term of office for which they have been chosen, under the same rules, and regulations and penalties as sheriffs, trustees, surveyors and constables are subject to in this State.

Sec. 6. 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 Yadkin, to be held by the justices of the peace 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 Dowelltown, on the first Monday in July, A. D., 1851, 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 being present, they shall elect a clerk of the court of pleas and quarter sessions of said county, a county attorney, coroner, register, entry taker, and all other officers for said county, who shall enter into the bonds required by law, and shall hold and continue in said offices until successors are duly chosen and qualified according to the Acts of the General Assembly, in such cases made and provided; that said court may, at its said first session, appoint the place of its subsequent sessions, and also of the Superior Court, until a Court House shall be erected for said county of Yadkin.

Sec. 7. Be it further enacted, That the court of pleas and quarter sessions hereby established, shall possess and exercise the same powers and authorities and jurisdictions as are possessed and exercised by the other county courts in this State; and all suits of law of which other county courts of other counties in this State have jurisdiction, now pending in the county court of Surry, wherein the citizens of Yadkin County are both plaintiff and defendant, or where the citizens of Yadkin County are defendants, and all indictments and criminal proceeding against the citizens of Yadkin County, in the county courts of Surry, of which other county courts in this State have jurisdiction, shall be transferred in the same manner now provided for transferring suits from one county to another.

Sec. 8. Be it further enacted, That there shall be a Superior Court of Law and Equity opened and held at Dowellton, in said county of Yadkin, on the tenth Monday after the fourth Monday in March and September, in each and every year (the first session of which court shall be opened and held on the tenth Monday after the fourth Monday in September, 1851) at the same place, from time to time, until a Court House shall be built as provided for in this Act, and then and thereafter, at the town and Court House, on the tenth Monday after the fourth Monday in March and September, in each and every year, which court shall have the same jurisdiction that Superior courts of Law and Equity in the several counties in this State now have and exercise.

Sec. 9. Be it further enacted, That all suits in Law or in Equity now pending in the Superior Courts of Surry County, of which the Superior Courts of this State have jurisdiction, and wherein both plaintiff and defendant are citizens of Yadkin County, or wherein the citizens of Yadkin County are defendants, and all indictments and criminal proceedings against the citizens ot Yadkin County, which shall be pending in the Superior Court of Surry County, and which are cognizable in the Superior Courts of this State, shall be transferred to the first Superior Court of Law and Equity to be held for the county of Yadkin, commencing on the tenth Monday after the fourth Monday in September, 1851, in the same manner as is now prescribed by law for transferring suits from one county to another.

Sec. 10. Be it further enacted, That until the time of holding of the first Superior Court of Law and Equity as provided for in this Act, in the county of Yadkin, the Superior Court of Surry County shall have jurisdiction of all
criminal offenses, cognizable in the Superior Courts of this State, which shall be committed in said county of Yadkin; and in all such cases, it shall be the duty of the justices of the peace of Yadkin County, when they give judgments against the defendants, in any State warrant for offenses aforesaid, to bind over defendants and witnesses, and make their returns to the Superior Court of Surry as they were heretofore bound to do.

Sec. 11. Be it further enacted, That all persons who may be liable to imprisonment under process, either civil or
criminal in Yadkin County, before the completion of the jail therein, shall be committed to the jail of Surry County.

Sec. 12. Be it further enacted, That nothing in this Act contained shall be so construed as to prohibit the sheriff of Surry County, as aforesaid, from collecting such sum or sums of money as are due or may become due on any judgment where the execution shall come to his hands before the first term of the court of pleas and quarter sessions for Yadkin County, nor shall it be construed so as to prevent him from collecting any executions issuing from the Superior Court of Surry County and returnable to the same.

Sec. 13. Be it further enacted, That nothing in this Act is to be construed so as to prevent the sheriff, as aforesaid, of Surry County, from collecting all arrears of taxes and all public dues and taxes collectable in the year 1851, in the
same manner he could have done previous to the erection of the new county of Yadkin, both in the counties of Surry and Yadkin.

Sec. 14. Be it further enacted, That the county of Yadkin shall continue to be represented in the next General Assembly of this State, in the name of Surry, as heretofore; and the election for the members of the General Assembly, Members of Congress, Electors of President and Vice President of the United States, and Governor of the State, shall be held by the sheriff of the county of Surry, under the same rules and restrictions as hitherto; and the court of pleas and quarter sessions for the county of Surry is hereby authorized and required to appoint inspectors for holding elections for the Members of the General Assembly, Members of Congress, Electors of President and Vice President of the United States, and Governor as heretofore: Provided, That all other elections shall be held in the county of Yadkin in the same manner and under the same rules and regulations as are now provided for holding elections in this State in other counties.

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 Board of superintendents of the county of Surry, and be distributed by them as heretofore until the next Geneial Assembly.

Sec. 16. Be it further enacted, That the county of Yadkin shall compose a part of the Sixth Judicial Circuit; and the
Judges and Solicitor of said circuit shall attend said courts, under the same provisions and liabilities and regulations as apply to the other counties of said circuit.

Sec. 17. Be it further enacted, That the Judge who shall ride the Fall circuit, in the year, A.D., 1851, of the Sixth
Judicial Circuit of this State, shall apppoint a clerk of the Superior Court, a clerk and master in equity for said county of Yadkin.

Sec. 18. Be it further enacted, That the county court of Yadkin, at its first sefsion, a majority of the justices of the peace being present, shall appoint such number of commissioners as may be deemed necessary to contract for and superintend the building of a Court House and jail for said county of Yadkin.

Sec. 19. Be it further enacted, That all paupers now in the poor house of the county of Surry, that came from the county of Yadkin, be returned to the said county of Yadkin, on or before the first day of August, A. D., 1852, and that all moneys belonging to the poor fund of Surry County, be divided, at the same time the paupers are returned, among the several paupers, thus to be divided between the counties of Surry and Yadkin, pro rata.

Sec. 20. Be it further enacted, That Elisha Bonner, Jacob L. Fulk, John Jarvis, Elijah Thompson and Daniel S. Jones, are hereby appointed commissioners to select and determine upon a site for a permanent seat or justice for Surry County, who shall locate the same as near the center of said county as a suitable location can be obtained, taking into consideration both the extent of territory and population; and a majority of said commissioners shall have power and authority to act; and said commissioners shall have full power and authority to employ a suitable surveyor or surveyors to aid and assist them in selecting said site.

Sec. 21. Be it further enacted, That a majority of said commissioners shall have power to purchase, or receive by
donation, for the county of Surry, a tract of land containing fifty 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 by the name of Dobson, and where tlie 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 ihe clerks and register 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 expose, after due notice, the balance or such portion thereof as may by them be deemed necessary, at public auction, on 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 in office; 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. 22. Be it further enacted, That the county court of Surry, at May or August term, a majority of the justices of the peace being present, shall appoint such number of the commissioners as may be deemed necessary to contract for and superintend the building of a Court House and jail for the county of Surry.

Sec. 23. Be it further enacted, That at May Term, 1851, of Surry County court, a majority of the justices of the peace being present, it shall be their duty to elect a sheriff and county trustee for said county of Surry, who shall enter into bond and security, as required by law, until the next regular election for the same shall take place.

Sec. 24. Be it further enacted, That Samuel Spear, Sr., and Theophilus C. Hauser, on the part of the county of
Yadkin, and Charles Whitlock and Job Worth, on the part of the county of Surry, be appointed commissioners to apportion any debt which may be due from the original county of Surry between the two counties, in such manner as to them or a majority of them may seem just and equitable; and that their apportionment and division shall be binding and final between the two counties.

Sec. 25. Be it further enacted, That the commissioners in this Act appointed to select and determine on sites for the
Court Houses in said counties of Surry and Yadkin, shall be required (under a penalty of ono hundred dollars each,
to be recovered in any court having jurisdiction of the same, by any person who may sue for the same,) to select and determine on said sites, on or before the 10th day of. April, A. D., 1851, and to advertise the same at the
Court House in Rockford and four other public places in each of the counties.

Sec. 26. Be it further enacted, That all the commissioners and the surveyors by them selected to discharge any public duty connected with the division of Surry County, shall receive a fair and reasonable compensation for their services, to be allowed them by the county courts of their respective counties in which they may reside.

Sec. 27. Be it further enacted, That, it shall be the duty of the justices of the county court of Surry County, at the February term, 1851, thereof, to order an election to be held throughout the present county of Surry, at the several
election precincts in said county heretofore established, on the first Thursday in May next, to take the sense of the
qualified voters of said county of Surry on the question of division or no division.

Sec. 28. Be it further enacted, That it shall also be the duty of the said county court, at the said February term, 1851, to appoint judges and inspectors to hold and superintend said election, at the several precincts aforesaid, who after taking an oath honestly and fairly and impartially to discharge their duty, shall hold said election and report the same to the sheriff of the county of Surry, under the same rules, regulations, liabilities and restrictions as are now required by law in holding elections for Members to the General Assembly.

Sec. 29. Be it further enacted, That said election shall be held by ballot, those voting for division putting in a ticket on which shall be written "Division;" those voting against the same, a ticket on which shall be written "No Division;''
and that every free white citizen qualified to vote for members of the House of Commons, in said county, shall be allowed to vote at said election.

Sec. 30. Be it further enacted, That it shall be the duty of the sheriff of the present county of Surry, on the result of said election being returned to him, to proclaim the same on the next day, on or before 3 o'clock, P. M.; and in case a majority of the qualified voters of said county be found to be in favor of division, it shall be the duty of said
sheriff to certify the same to the Governor of the State; and on its appearing to the Governor, from said certificate, that there is a majority of the qualified voters in said county of Surry in favor of the division purposed by the Act, to which this Act is supplemental, then and in that case the Governor shall make that fact known by proclamation; upon which this Act and the Act passed at this General Assembly to which this Act is supplemental, shall be operative and take effect; otherwise, both of said Acts shall be null and void.

Sec. 31. Be it further enacted, That the sheriff of Surry county shall be entitled to the same compensation, for making the return of result of said election to the Governor, that he is now by law for making the return of the election for members of the General Assembly, and shall return the same to the Governor within ten days from and after the day of election.

Sec. 32. Be it further enacted, That this Act shall be in force from and after its ratification.

[Ratified 28th January, 1851.]

JAMES C. DOBBINS, S.H.C.
WELDON N. EDWARDS, S.S.

State of North Carolina:
Office of the Secretary of State
April, 1851.
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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