North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter XXXVI

Laws of the State of North Carolina Passed by the General Assembly 1850-1851 - Page 91.

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 by the name of Madison shall be, and the same is hereby laid off and established out of portions of Buncombe and Yancey counties, in the following bounds: Beginning on the Paint Rock on the Tennessee line, and running with that line East to the top of the ridge that divides the waters of Ivy and Laurel from the waters of Caney River; then, with the top of said ridge, by way of Ivy Gap and Point Gap, and passing the same to a ridge that divides the waters of Big Ivy from those of Little Ivy, being a spur of the Black Mountain; thence with the top of that ridge to the junction of Big Ivy and Little Ivy; thence a direct course to the mouth of Sandy Mush Creek; thence up said creek to the forks thereof; thence with the top of the ridge that divides the waters of Big and Little Sandy Mush Creeks, to the Haywood line; thence with said line to the line of the State of Tennessee and with the same to the beginning; and the said county shall be, and is hereby invested with all the rights, privileges and immunities of the other counties in this State.

[Ratified 27th 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.

* 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 County by the Name of Madison."

Chapter XXXVII

Laws of the State of North Carolina Passed by the General Assembly 1850-1851 - Pages 92-97.

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 Madison shall be and is hereby invested with all the rights, privileges and immunties of other counties in this State, except as is hereinafter provided.

Sec. 2. Be it further enacted, That Nehemiah Blackstocks, T. C. Profit and John W. Peck, be, and they are hereby appointed commissioners to run and mark the line between the county of Buncombe and the county of Madison, and between the county of Yancey and the county of Madison; and they shall make report thereof, under their hands and seals, to the county courts of each of said counties, which reports shall form record in said courts; and said commissioners shall each be paid by the county in which he resides such compensation as the county courts shall allow.

Sec. 3. Be it further enacted, That all the justices of the peace and militia officers, who reside within the limits of
Madison, shall continue to hold and exercise all their official powers, for and in said county, that they have heretofore had and exercised in the counties of Buncombe and Yancey respectively.

Sec. 4. Be it further enacted, That the constables now residing in the county of Madison and the Sheriffs of Yancey
and Buncombe, in their respective portions of said county, shall continue to hold and exercise their said offices, and perform all the duties pertaining thereto, until the first county court to be held for said county, under the same rules, regulations and penalties as they are now subject to.

Sec. 5. Be it further enacted, That the first county court for said county, shall be held at the tavern house of Adolphus E. Baird, on the last Monday in February, 1851, with power to adjourn to any place that a majority of the justices of the peace for said county may determine; and thereafter on the second Monday after the fourth Monday in June and December, and on the third Monday after the fourth Monday in March and September in each and every year, and at such place as the majority of the justices of the county court of said county may designate, until the Court House for said county shall be built. And at the first term of said court, a majority of the justices being present, they shall proceed to elect a clerk, sheriff, coroner, register, county trustee, one or more surveyors, constables, solicitor, and all other officers for said county, who shall enter into bond as required by law, and shall hold and continue in said offices until successors are duly chosen and qualified, according to Acts of Assembly
in such cases made and provided.

Sec. 6. Be it further enacted, That the court of pleas and quarter sessions established by this Act shall exercise the
same power, authority and jurisdiction that is possessed and exercised by other courts of pleas and quarter sessions in other counties in this State, and shall possess exclusive jurisdiction of all offenses committed within the limits of Madison County, of which the county courts of other counties in this State have jurisdiction, until a Superior Court is established in said county.

Sec. 7. Be it further enacted, That all criminal cases which maybe committed in the county of Madison, which are cognizable only in the Superior Courts of Law, shall be cognizable in the Superior Courts of Buncombe and Yancey respectively, as if this Act had not been passed, until the establishing of the Superior Courts of Law for said county.

Sec. 8. Be it further enacted, That all persons who shall be liable to any imprisonment, under any process, either
civil or criminal in Madison County, before the completion of a jail for said county, shall be committed to the jail of
Buncombe or Yancey County.

Sec. 9. Be it further enacted, That all process issued to either of tlie sheriffs of Buncombe or Yancey, before the election of a sheriff for Madison, shall be executed by them respectively, as if this Act and that to which this is a supplement had not been passed.

Sec. 10. Be it further enacted, That until otherwise provided, the distribution of the school fund shall be made in said county, as if this Act, and the Act establishing Madison County had not been passed.

Sec. 11. Be it further enacted, That that portion of the county of Madison that was taken from Buncombe County, shall, until otherwise provided, be represented, as heretofore, with and as a part of Buncombe; and that portion taken from Yancey shall continue to vote and be represented with and as a part of Yancey County, as heretofore; and all elections of Members of Assembly and Members of Congress, and for electors of President and Vice President, shall be held by the sheriffs of Buncombe and Yancey, as heretofore.

Sec. 12. Be it further enacted, That John Roberts, Esq., Joshua Young, John A. Fagg, Noah Morgan, William Baldwin, Thomas Gardner and Charles Moore, be, and they are hereby appointed commissioners to select and determine upon a site for a permanent seat of justice for said county, having due regard to the territory and population and all the interests of said county; and in case five of said commissioners shall not concur in any one point, then they shall name two points, one of which shall not be within two miles of the French Broad River; and in that event, the one or the other of such points shall be decided on by the votes of the qualified voters for the House of Commons in said county, at elections to be held as the county court of said county shall prescribe; and when it is reported to said commissioners, by the sheriff of said county, that either of said points has received a majority of the votes polled, it shall be the duty of said commissioners, or a majority of them, to locate and lay off said town within one mile of such point named, and receive by donation, or purchase, not less than twenty-five, nor more than one hundred acres of land, which shall be conveyed to the chairman of the county court and his successors in office, for the use of the said county; and the five first named commissioners shall lay off the lots and streets of said town, which shall be called Marshall, and shall be the seat of justice for said county; and after designating such of the lots as shall be kept for public purposes, the said commissioners shall, after forty days public notice, expose said lots for
such of them as they may think should be sold, to sale at public auction, on a credit of one and two years, taking bond and security of the purchasers therefor, payable to the chairman of the county court for said county; and the bonds shall be handed over to said chairman for the use of the county.

Sec. 13. Be it further enacted, That the county court of Madison County, a majority of the justices being present, shall appropriate the bonds received for the sale of the lots, or so much thereof as is necessary for the building of a Court House and jail, on such lot or lots in said town, as shall be assigned for the purpose; and if the said bonds are not paid at maturity, they may be put in suit, and collected in the name of the chairman or his successor, and the proceeds be applied as hereinbefore provided.

Sec. 14. Be it further enacted, That at least two convenient lots in said town shall be set apart by said commissioners for the purpose of building a male and female academy, and they shall set apart at least four lots which the county court shall have conveyed to the use of such churches as apply for the use of them as places of public worship; all of which shall be conveyed without charge.

Sec. 15. Be it further enacted, That there shall be a Superior Court of Law opened and held for the county of Madison, on the Monday after the fourth Monday in September, 1851, and on the second Monday after the fourth Monday in March and September, in each and every year thereafter; and said court shall be held at such place as the justices of the county court shall appoint for holding the county courts of said county, until a Court House is completed for said county, and thereafter in such Court House.

Sec. 16. Be it further enacted, That the county of Madison shall form part of the Seventh Judicial Circuit, and the Spring and Fall terms of the county courts of Madison County shall be held on the same week with the Superior Courts.

Sec. 17. Be it further enacted, That the Judge who holds the courts of the Seventh Judicial Circuit, at Spring Term, 1851, shall appoint a clerk of the Superior Court of Law for Madison County, and shall take bond and security of, and administer the oaths of office to such clerk, either in court in Buncombe or Yancey, and make a record thereof; and such appointment and bond shall be as valid as if taken in court in Madison: Provided, that no one but a citizen of Madison County shall be eligible to said office, and he shall continue in office until the successor is qualified after the next regular election of clerks; and said clerk shall have power to issue writs and all other process to the Fall Term, 1851, of said court, that other clerks of Superior Courts of Law have.

Sec. 18. Be it further enacted, That all the civil causes that shall remain on the Superior Court dockets of Buncombe or Yancey County, after the 20th day of August, 1851, in which both plaintiff and defendant are citizens of Madison, shall be transferred to the county of Madison for trial, by the clerks respectively of said courts of Buncombe and Yancey, under the same rules and regulations that govern the removal of causes from one county to another, except that no affidavit or order of the court shall be neeessary; and it shall be the duty of said clerks to deliver the transcripts of record of such suits to the clerk of the Superior Court of Law of Madison County, at least ten days before the Fall Term, 1851, of said court; and all of said causes shall then stand ready for trial at that term: and it shall be the duty of the clerk of said court to prepare a docket for the trial causes, and to place the causes transmitted in the same order that they stood on the dockets of Buncombe and Yancey.

[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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