North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter 8

Public Laws of the State of North Carolina Passed by the General Assembly 1854-1855 - Pages 22-23.

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 new county be formed from a portion of the county of Cumberland, under the name and style of Harnett, to be bounded as follows: Beginning at the intersection of the lines of Johnston and Sampson counties, on Black Mingo; thence a direct line to the mouth of Lower Little River; thence up said river to the bridge at Elliott's Mills; thence a straight line to the place on the Murchison Road where Hector's Creek crosses; thence with said line to road to the Moore County line; thence with said line to the Chatham County line; thence with that to the Wake County line; thence with that to the Johnston County line; thence with that to the beginning.

[Ratified the 7th day of February, 1855.]

SAMUEL P. HILL, S.H.C.
WARREN H. WINSLOW, S.S.

North Carolina:
Office of Secretary of State
April, 1855.
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 Entitled "An Act to Establish a New County by the Name of Harnett."

Chapter 9

Public Laws of the State of North Carolina Passed by the General Assembly 1854-1855 - Pages 23-26.

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 Harnett is hereby invested with all the rights, privileges [and] immunities which other counties in this State enjoy; all the justices of the peace and officers of the militia, who reside within the limits of Harnett County, shall continue to hold and exercise all the official powers and authorities, in and for said county, that they hitherto have held and exercised in and for the county of Cumberland.

Sec. 2. Be it further enacted, That the constables now residing in Harnett County, shall continue to hold their offices
and perform all the duties appertaining thereto, until the first county court to be held for said county, under the like rules, regulations and penalties as constables are subject to in other counties in this State.

Sec. 3. Be it further enacted, That the counties of Cumberland and Harnett shall be represented in the General
Assembly as heretofore, until a future General Assembly shall direct and otherwise provide; and all elections for
members of Congress and members of both Houses of the General Assembly, and elections of President and Vice
President of the United States, shall be held by the sheriff or other returning officer of the county of Cumberland, in
all the territory comprised within the limits of both counties, at the times and places, and under the same rules and
regulations and restrictions as have been appointed, or may hereafter be appointed by law; and the certificates of said sheriff, or other returning officer, as to the results of said elections, shall be as valid and as effectual, to all intents and purposes, as if the Act establishing the county of Harnett had not passed.

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 said county of Harnett, to be held by the justices of said county; the first session of said court shall be held on the second Monday of March, in the present year of our Lord, and regularly thereafter on the [second] Mondays of June, September, December and March. At the first session of said court, a majority of the acting justices being present, the court shall proceed to elect a sheriff, a coroner or coroners, a clerk of the county court, a register, an entry taker, a county surveyor, and all other proper officers; and the persons so elected shall give bond, and shall continue in office until their successors are chosen and qualified according to law. The county court, until a site for a county town be chosen, and the proper buildings erected, shall be held, and the records be kept at Summerville: Provided, however, That the county court, a majority of the acting justices being present, may direct otherwise.

Sec. 5. Be it further enacted, That the court of pleas and quarter sessions, by this Act established, shall have, possess and exercise the like power, authority and jurisdiction as are had, possessed and exercised by other county courts in this State; and shall have exclusive jurisdiction of all crimes committed within the limits of said county, of which the county courts have jurisdiction and all suits at law now pending in the county court of Cumberland, wherein all the plaintiffs and defendants are citizens of Harnett County, and all indictments in the county court of Cumberland, against citizens of Harnett County, or persons residing there, shall be transferred to the county court of Harnett for trial, in the manner now provided by law for the removal of cases from one county to another for trial.

Sec. 6. Be it further enacted, That all persons who may be liable to imprisonment under any process, either civil or
criminal, in Harnett County, shall be committed to, and be imprisoned in, the jail of Cumberland County, until the jail of Harnett County be completed.

Sec. 7. Be it further enacted, That George W. Pegram, John Green, Eldridge Stewart, James Johnson, James P.
Hodges, John McKay and Samuel E. Johnson are hereby appointed commissioners to lay off and allot the county seat of said county, at or within three miles of the geographical center; and shall have power to purchase, or take by gift or donation, a tract of land not less than one hundred acres, to be conveyed to the chairman of the county court and his successors in office, for the use of the county, upon which a town shall be laid off to be called "Toomer," and within the limits of which the court house and other public buildings shall be located and erected. When the said buildings shall be completed, the courts of the county court shall be held there, and the public officers shall keep their respective offices there. The said commissioners shall cause to be surveyed and marked, in connection with a like number of commissioners to be appointed by tbe county court of Cumberland, the lower or dividing line of Harnett and Cumberland; and said commissioners shall be allowed the sum of two dollars each per diem for their services, for the time they are actually engaged, to be paid by their respective counties. A majority of the commissioners shall be competent to act, due notice of their meeting having been given.

Sec. 8. Be it further enacted, That the county court of Harnett, at its first session after the site for the county town
shall have been determined, shall appoint five commissioners to lay off the lots of said town, and to designate the
public squares; and the said commissioners shall expose to sale, at public auction, the said lots, retaining such as, in
their judgment, may be needed for county purposes, for churches and academies, taking bond and security for the purchase money, and such terms of credit as the county court, a majority of the justices being present, shall direct. The bonds shall be made payable to the chairman of the county court, who, or his successors, shall execute deeds to the purchasers, which shall be available in law to pass the title; and the proceeds of the sale shall be applied to the erection of the public buildings.

Sec. 9. Be it further enacted, That nothing in this Act contained shall prevent the sheriff of Cumberland from collecting arrearages of taxes, nor levying executions to him directed, returnable to any court sitting before the first day of June next, in the same manner as he could have done before the passage of this Act: Provided, however, That the sheriff of Cumberland shall not collect from the citizens of Harnett County, or from any one liable to taxes there, imposed by the county of Cumberland, collectable in the present year of our Lord, except the taxes for schools, which shall be levied and collected as heretofore. It shall be the duty of the clerk of Cumberland County to furnish the justices of Harnett County with a duplicate original of the tax list, and a certified list of the assessed property, which shall be placed among the records, and be available until a future assessment by the General Assembly directed. The justices of Harnett County may borrow such sums of money as they may think proper, not exceeding ten thousand dollars, to be applied to the erection of the public buildings.

Sec. 10. Be it further enacted, That the superior courts of law and equity for the county of Cumberland shall have
jurisdiction of all capital felonies that have been, or shall be committed in the county of Harnett, and of all other
offenses committed in the county of Harnett, when the offenders may be recognized to appear at the superior court
of Cumberland, and of all equity jurisdiction over the said county, and shall have appellate jurisdiction to hear and
determine all appeals that may be granted from the judgment, sentence or decree of the county court of Harnett, and of a single justice, out of court, when the same, by law, would have been allowable but for the passage of the Act establishing the county of Harnett: Provided, however, That the county court may direct what number of lots shall be sold, and may, from time to time, appoint sales of the residue.

Sec. 11. Be it further enacted, That all paupers, citizens of Harnett County, or who had obtained a settlement there,
and who may be supported at the poor house of Cumberland, or otherwise be chargeable, shall be removed to the
county of Harnett, at the pauper expense of said county.

Sec. 12. Be it further enacted, That all the fees due to the office of the courts of Cumberland, upon State cases
removed to the county court of Harnett for trial, or carried there by appeal from the decision of said court, as well as witnesses' attendance, shall, in case of the insolvency of the defendant or their acquittal, be paid by the county of
Harnett.

Sec. 13. Be it further enacted, That all Acts and clauses of Acts, coming in conflict with the provisions of this Act,
shall be and are hereby repealed; and this Act shall be in force from and after its ratification.

[Ratified the 15th day of February, 1855.]

SAMUEL P. HILL, S.H.C.
WARREN H. WINSLOW, S.S.

North Carolina:
Office of Secretary of State
April, 1855.
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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