North Carolina - Legislative Acts Creating Precincts / Counties

The 66th General Assembly (1846-1847) of North Carolina created and established Polk County by two legislative Acts in January of 1847, as shown further below. The county was clearly established and courts and officers were operational. However, the 67th General Assembly (1848-1849) of North Carolina repealed these earlier Acts in January of 1849, and Polk County and all courts and officers were abolished. See further below. The 70th General Assembly (1854-1855) of North Carolina re-established Polk County as shown directly below.

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

Chapter 10

Public Laws of the State of North Carolina Passed by the General Assembly 1854-1855 - Pages 26-27.

Whereas, Tlie late Col. William Polk of this State, was a meritorious officer in the continental line during the war of the revolution, and in the capacity of Major and Lieutenant Colonel, rendered distinguished services in the battles of Germantown, Brandywine and Eutaw [Springs], in all of which he was wounded; and whereas, this General Assembly is desirous of testifying their respect for his memory by calling one of the counties by his name: Therefore,

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 by the name of Polk, be, and the same is hereby laid off and established, of parts of Rutherford and Henderson; that portion of Henderson which originally belonged to Rutherford, beginning on the top of Sugar Loaf Mountain, at the Henderson Corner, and running nearly east down to the ridge between the waters of Green and Broad Rivers; and with said ridge to Gray's Chapel; and from Gray's Chapel, continuing the same ridge down to the lands of Thomas Miller; thence nearly east, including said lands, to Broad River; thence with main Broad River to Poer's Ford; and from Poer's Ford with the old road to the South Carolina line; thence with the South Carolina line to the old Buncombe Corner; and thence with the old Buncombe line to the original point, Sugar Loaf Mountain; which shall have all the powers, authorities and immunities of other counties of this State.

Sec. 2. Be it further enacted, That the county site [seat] of said county shall be located by J. J. Irwin of Burke, Maj. Ben. Burgin of McDowell, and John E. Logan of Cleveland, or a majority of them, at the geographical center of the county, or within two miles thereof.

[Ratified the 20th day of January, 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 Lay Off and Establish a County by the Name of Polk," Passed by the Present General Assembly.

Chapter 11

Public Laws of the State of North Carolina Passed by the General Assembly 1854-1855 - Pages 27-30.

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 Polk be, and the same is hereby vested with all the rights, privileges and immunities of other counties of the State, and that all the justices of the peace and officers of the militia, who reside within the limits of the county of Polk, shall continue to hold and exercise all the official powers and authorities, in and for the said county, that they have heretofore held and exercised, in and for the counties of Rutherford and Henderson.

Sec. 2. Be it further enacted, That the constables now residing in the county of Polk, 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 same rules, regulations and penalties as constables are subject to in the other counties in this State.

Sec. 3. Be it further enacted, That the counties of Rutherford and Henderson shall continue to be represented in the General Assembly, in the same manner as heretofore, until a future General Assembly shall authorize, provide and direct; and all elections for members of Congress, and members of both Houses of the General Assemlbly, shall be held by the sheriffs or other returning officer of the counties of Henderson and Rutherford, in all the territory heretofore comprehended in the limits of their respective counties, of [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 certificates of said sheriffs or other returning officers, as to the result of said elections, shall be as valid and effectual to all intents and purposes, as if the Act laying off and establishing the county of Polk, had never been 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 the county of Polk, to be held by the justices of said county. The first session of said court shall be held on the first Monday in March next, and on the tenth Monday after the fourth Monday in June, September and December next, and thereafter on the tenth Monday after the fourth Monday in March, June, September and December in every year; and at the first session of said court as aforesaid, a majority of the justices of said county being present, they shall proceed to elect a clerk of the county court, a sheriff, a coroner, a register and entry taker, a surveyor, and all other officers for said county, who shall enter into bonds as required by law, and shall hold and continue in said offices until their successors are duly chosen and qualified, according to law in such cases made and provided; and the county and superior courts shall be held, and the records thereof shall be kept, at the residence of Geo. J. Mills, in said county, until the completion of the public buildings at the county seat; and thereafter the courts shall be held, and the records kept at the court house, or as may be appointed by the county court, as is usual in other counties of the State.

Sec. 5. 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 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 courts of Rutherford and Henderson, wherein the citizens of Polk County are both plaintiffs and defendants, and all indictments in the county courts of Rutherford and Henderson against citizens of Polk County, shall be transferred to the county courts of Polk, in the manner now provided for transferring suits from one county to another.

Sec. 6. Be it further enacted, That all persons who may be liable to imprisonment, under any process, either civil or criminal, in Polk County, before the completion of the jail therein, may be committed to the jail of either Rutherford or Henderson.

Sec. 7. Be it further enacted, That John R. Logan, of Cleveland, Joseph Erwin, of Burke, Benjamin Burgin, of McDowell, be and they are hereby appointed commissioners to lay off and locate the county seat of said county, at or within two miles of the geographical center; and that they shall have power to purchase, or receive by donation, a tract of land not more than one hundred acres, to be conveyed to the chairman of the county court, and his successors in office, for the use of said county, upon which a town shall be laid off to be called Columbus, and on which the court house and public buildings shall be erected; and, upon completion, the courts of said county shall be held, and the clerks and public officers shall keep their respective offices there; and the commissioners shall be allowed two dollars per day while engaged in the discharge of their duties.

Sec. 8. Be it further enacted, That the county court of Polk County shall, at its first session, appoint five commissioners, to lay off the lots of said town; and, after designating such as shall be retained for public use, shall expose to sale, at public auction, the residue of such lots, at such time and manner as the court may designate, taking bond and security from the purchaser, making the notes payable to the chairman of the county court and his successors; and, upon the payment to the chairman or his successors in office, shall execute title thereto; the proceeds of the sales of which shall be appropriated to the erection of the public buildings of said county.

Sec. 9. Be it further enacted, That nothing in this Act shall be so construed as to prevent the sheriffs of Rutherford and Henderson from collecting all arrearages of taxes, in the same manner as they could have done previous to the erection of Polk County: Provided, nevertheless, That the sheriffs of said county shall not collect any taxes in the county of Polk, or from the citizens thereof, imposed by the county courts of Henderson and Rutherford, and which are to be collected in the year one thousand eight hundred and fifty-five; but that the same may be collected by the sheriff of Polk, upon the tax duplicates of the clerks of Rutherford and Henderson, respectively.

Sec. 10. Be it further enacted, That when elections are next held for members of Congress in the State, the sheriff shall open an election, at the several precincts in said county, for a clerk of the superior court of said county, to serve as such for four years, under the liabilities imposed by law on clerks of the superior courts.

Sec. 11. Be it further enacted, That a superior court of law and equity, for the county of Polk, shall be held on the tenth Monday after the fourth Monday in September next, and thereafter on the tenth Monday after the fourth Monday in March and September of every year; and the said county shall form part of the Seventh Judicial Circuit.

Sec. 12. Be it further enacted, That it shall be the duty of the clerks of the superior courts of law for Rutherford and Henderson counties, to transfer to the clerk of the superior court of Polk, all civil cases pending in Rutherford and Henderson, when both parties reside in said county of Polk, and all State cases, when the defendant resides in said county of Polk, pending in said courts, under the same provisions as for transferring cases from the county courts of Henderson and Rutherford to the clerk of the county court of Polk.

Sec. 13. Be it further enacted, That the superior court of law and equity for the county of Rutherford shall have jurisdiction of all capital felonies that may be committed in the county of Polk, and all other offenses committed in the county of Polk, where the defendants may he recognized to appear at the superior court of the county of Rutherford, until the first superior court of law and equity held for the county of Polk under the provisions of this Act; and all such cases not disposed of by the superior court of Rutherford, before the first superior court of the county of Polk, shall be transferred to that court, as in other cases herein provided for.

Sec. 14. Be it further enacted, That the next full term of the Superior court of law and equity for the county of Cleveland shall be held on the eleventh Monday after the fourth Monday in September next, and thereafter on the eleventh Monday after the fourth Monday in March and September in every year.

Sec. 15. Be it further enacted, That all laws coming in conflict with the provisions of this Act be repealed; and this Act shall take effect from and after its ratification.

[Ratified the ___ day of February, 1855.] [date blank in original]

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.

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

Chapter XXV1

Laws of the State of North Carolina Passed by the General Assembly 1846-1847 - Pages 80-81.

Whereas, the late Col. William Polk, of this State, was a meritorious officer in the continental line, during the war of the revolution; and in the capacity of Major and Lieutenant Colonel, rendered distinguished services in the battles of Germantown, Brandywine and Eutaw [Springs], in all of which he was wounded: and whereas this General Assembly is desirous of testifying their respect for his memory, by calling one of the counties by his name: Therefore,

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 by the name of "Polk," be, and the same is hereby laid off and established of parts of Rutherford and Henderson, (that portion of Henderson which originally belonged to Rutherford) beginning on the top of the Sugar Loaf Mountain, at the Henderson corner, and running nearly east down to the ridge between the waters of Green and Broad rivers, and with said ridge to Gray's Chapel; and from Gray's Chapel, continuing the same ridge, down to the lands of Thomas Miller; thence nearly east, including said lands, to Broad River; thence with Main Broad River to Pore's Ford, and from Pore's Ford with the old road to the South Carolina line, to the old Buncombe corner; and thence with the old Buncombe line to the original point, Sugar Loaf Mountain; which shall have all the powers, authorities, and innnunities of other counties in this State.

Ratified the 18th of January, 1847.

ANDREW JOYNER, Speaker Senate.
ROBERT B. GILLIAM, Speaker House of Commons.

North Carolina
Office of Secretary of State
April 1847.
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 Lay Off and Establish a County by the Name of Polk." Passed by the Present General Assembly.

Chapter XXVII

Laws of the State of North Carolina Passed by the General Assembly 1846-1847 - Pages 81-86.

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 Polk be, and is hereby invested with all the rights, privileges and immunities of the other counties in this State; and that all the justices of the peace, and officers of the Militia, who reside within the limits of the county of Polk, shall continue to hold and exercise all the official powers and authorities in and for said county, that they have hitherto held and exercised in and for the counties of Rutherford and Henderson.

Sec. 2. Be it further enacted, That the constables now residing in the county of Polk, 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 same rules, regulations and penalties as constables are subject to in the other counties in this State.

Sec. 3. Be it further enacted, That the counties of Rutherford and Henderson shall continue to be represented in the General Assembly in the same manner as heretofore, and in the Senate in like manner, until a future Legislature shall otherwise provide and direct; and all elections for members ot Congress and members of both houses of the General Assembly, shall be held by the Sheriff, or other returning officer, of the counties of Henderson and Rutherford, in all the territory heretofore comprehended in the limits of their respective counties, 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 certificates of said Sheriffs, or other returning officer, as to the result of said elections, shall be as valid and effectual, to all intents and purposes, as if the Act laying off and establishing the county of Polk had never been 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 the county of Polk, to be held by the Justices of said county; the first session of said court shall be held on the sixth Monday after the sixth Monday in June and December next, at the house of Murrell Mills, Esq: That the court of the Pleas and Quarter Session shall be held on the sixth Monday after the sixth Monday in June and December in each and every year thereafter; and at the ffrst session of said court as aforesaid, a majority of the Justices of said county being present, they shall proceed to elect a Clerk of the county court, a Sheriff, a Coroner, a Register, and Entry taker, a Surveyor, Constables, 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 their successors are duly chosen and qualified according to law in such cases made and provided; and the said court at its first session aforesaid, may appoint the place of its future session until a court house shall be erected for said county.

Sec. 5. 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 the 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, until a superior court of law is established for said county: and all suits at law now pending in the county courts of Rutherford and Henderson, wherein the citizens of Polk County are both plaintiffs and defendants; and all indictments in the county courts of Rutherford and Henderson against citizens of Polk County, shall be transferred to the county court of Polk, in the manner now provided for transferring suits from one county to another; and all appeals from the county court of Polk shall be sent to the superior court of Rutherford, when the plaintiff resides in that portion of Polk taken from Rutherford; and to the superior court of Henderson, when the plaintiff resides in that portion of the county now taken from Henderson County.

Sec. 6. Be it further enacted, That all criminal offenses, which may be committed in the county of Polk, which are cognizable only in the superior court of law, shall be and continue under the jurisdiction of the superior courts of law of the county of Rutherford, when the offender resides in that portion of Polk County which was taken off from Rutherford County; and to the superior court of Henderson, when the offender resides in that portion of Polk County which was taken off from Henderson, until a superior court shall be created for the county of Polk.

Sec. 7. Be it further enacted, That all persons who may be liable to imprisonment, under any process either civil or criminal, in Polk County, before the completion of a jail therein, may be committed to the jail of either Rutherford or Henderson.

Sec. 8. Be it further enacted, That all process issued from the superior court of Rutherford or Henderson, against the citizens, shall be valid without the seal of office being affixed thereto, until a superior court is created for the county of Polk; and all process so issued, after the first county court which shall be held for said county of Polk, shall be directed to the Sheriff of Polk County, and be by him executed.

Sec. 9. Be it further enacted, That William S. Mills, James Blackwell, Jonathan King, Dr. C. Mills, and William T, Jones, be, and they are hereby appointed commissioners to lay off and locate the county seat of said county, at or within five miles of the residence of Murrell Mills, Esq: that they shall have power to purchase or receive by donation, a tract of land consisting of 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 said county, upon which a town shall be laid off, which shall be called "Schuywicker," where the court house and jail shall be erected, and where, after the completion of the court house, the courts of said county shall be held, and the Clerk and Register shall keep their offices: and that each of said commissioners shall be allowed two dollars per day for his services, while engaged in the discharge of his duties.

Sec. 10. Be it further enacted, That the county court of Polk shall, at its first session, appoint five commissioners to lay off the lots of said town, and after designating such as shall be retained for public uses, shall expose to sale, at public auction, the residue of said lots, at such time, and after giving such notices, as said court may direct, upon a credit of one and two years; and shall take from the purchaser bond, with security, for the purchase money, 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 in office, shall execute titles therefor: which purchase money shall be appropriated to building the court house and jail for said county.

Sec. 11. Be it further enacted, That nothing in this Act is to be construed as to prevent the Sheriffs of Rutherford and Henderson from collecting all arrears and taxes, in the same manner as they could have done previous to the creation of Polk County: Provided nevertheless, that the Sheriffs of Rutherford and Henderson shall not collect any tax in the county of Polk, or of the citizens of said county, imposed by the county courts of Rutherford and Henderson, and which are to be collected in the year one thousand eight hundred and forty-seven, but that the same may be collected by the Sheriff of Polk, upon the tax duplicate of the Clerks of the counties of Rutherford and Henderson.

Sec. 12. Be it further enacted, That ihc county courts of Rutherford and Henderson shall have power, until a superior court is created for the county of Polk, to draw a list of Jurors as heretofore, to serve at such term of the superior courts of Rutherford and Henderson; and the Jurors so drawn, shall be summoned by the Sheriff of Polk County, under the same penalties now imposed by law; and the Jurors aforesaid shall be paid by the county of Polk.

Sec. 13. Be it further enacted, That all paupers in Rutherford and Henderson counties, originally from Polk County, shall be transferred after the next election of Wardens to the county of Polk

Sec. 14. Be it further enacted, That there shall be opened and held for the county of Polk, at the place where the county court of said county is held, a superior court for said county, which court shall be held on the eighth Monday after the fourth Monday in September next and on the eighth Monday after the fourth Monday in March and September in each and every year thereafter; and that the superior courts of law now held for Cleveland County, shall hereafter be held on the ninth Monday after the fourth Monday in March and September thereafter; and it shall be the duty of the clerks of the superior courts of law for Henderson and Rutherford counties to transfer to the Clerk of the superior court of Polk, all civil cases pending in Rutherford and in Henderson, when both parties reside in said county of Polk, and all State cases when the defendants reside in the county of Polk, pending in said Courts, under the same provisions provided for the transferring of cases from the county courts of Henderson and Rutherford, to the Clerk of the county court of Polk.

Sec. 15. Be it further enacted, That when elections are next held for members of Congress in this State, the Sheriff of Polk shall hold an election at the several precincts in said county, for a Clerk of the superior court of said county, to serve as such for four years, under the liabilities imposed by law on Clerks of the superior courts.

Sec. 16. Be it further enacted, That the county of Polk shall compose a part of the Seventh Judicial Circuit; and that Judges and Solicitors shall attend said courts, under the same provisions and liabilities, and receive the same pay, as is received for attending other counties in said district.

Sec. 17. Be it further enacted, That this Act shall be in force from and after its ratification.

Ratified the 18th day of January, 1847.

ANDREW JOYNER, Speaker Senate.
ROBERT B. GILLIAM, Speaker House of Commons.

North Carolina
Office of Secretary of State
April 1847.
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

An Act to Repeal the Act of 1846-7, Entitled "An Act to Lay Off and Establish the County of Polk.

Chapter XVIII

Laws of the State of North Carolina Passed by the General Assembly 1848-1849 - Pages 50-51.

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 Act passed at the session of the General Assembly of 1846-'7, entitled "An Act to Lay Off and Establish a County by the Name of Polk," be, and the same is, hereby, repealed.

Sec. 2. Be it further enacted, That this Act shall be in force from and after its ratification.

[Read three times and ratified in General Assembly, this 16th 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.

An Act Supplemental to An Act, Passed at the Present Session of the General Assembly, Repealing the Law Establishing a County by the Name of Polk.

Chapter XIX

Laws of the State of North Carolina Passed by the General Assembly 1848-1849 - Pages 51-55.

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 all that portion of the county of Polk which was taken from the county of Rutherford be, and the same is hereby ceded back to said county of Rutherford.

Sec. 2. Be it further enacted, That all that portion of the county of Polk, which was taken from the county of Henderson, be, and the same is hereby, ceded back to said county of Henderson.

Sec. 3. Be it further enacted, That the clerk of the superior court of the County of Polk be, and he is hereby, required to make out a transcript of all the suits or cases on his docket, both civil and criminal, and deliver all such transscripts where either or both the parties live in that portion of the county of Polk which was taken from the county of Rutherford, and deliver the same, with all the original papers relating to said transcripts, and all the records and dockets belonging to his office, to the clerk of the superior court of Rutherford County. And the said superior court clerk of Polk County is further required to deliver to the clerk of the superior court of Henderson County a transcript of all suits or cases where the parties live in that portion of the county of Polk which was taken from the county of Henderson, with all the original papers relating to said transcript.

Sec. 4. Be it further enacted, That the clerk of the court of pleas and quarter sessions of the county of Polk be, and he is hereby required to make out a transcript of all the suits or cases on his docket, both civil and criminal, where the intervention of a jury may be necessary, and deliver all such transcripts, where either or both of the parties live in that portion of the county of Polk which was taken from the county of Rutherford, with all the original papers relating to said transcripts, to the clerk of the superior court of Rutherford County. And the said clerk of the court of pleas and quarter sessions of Polk County is further required to deliver to the clerk of the superior court of Henderson County, a transcript of all suits or cases where the intervention of a jury may be necessary, where the parties live in that portion of the county of Polk which was taken from the county of Henderson, with all the original papers relating to said transcript, to the clerk of the superior court of Henderson County.

Sec. 5. Be it further enacted, That the aforesaid clerk of the court of pleas and quarter sessions of the county of Polk be, and is hereby, required to deliver to the clerk of the court of pleas and quarter sessions of Rutherford County, all the court dockets belonging to his said office, with all other documents and papers belonging to the same, except such as are provided for in the fourth section of this Act.

Sec. 6. Be it further enacted, That the clerk and master in equity of said county of Polk be, and he is hereby required to deliver over to the clerk and master in equity of the county of Rutherford all books, records, documents and papers relating or belonging to his said office.

Sec. 7. Be it further enacted, That the sheriff of the county of Polk be, and he is hereby, required to deliver to the sheriff of Rutherford County, all the office or court papers in his hands, wliere the defendants live in that portion of Polk County which was taken from the county of Rutherford. And he is hereby farther required to deliver to the sheriff of the county of Henderson all the office or court papers in his hands, where the defendants live in that portion of Polk County which was taken from the county of Henderson.

Sec. 8. Be it further enacted, That the county trustee of of Polk County be, and he is hereby, required to deliver over to the county trustee of the county of Rutherford, all money, books and papers relating to his office as trustee; and that the county court of Rutherford be authorized to pay all claims allowed by the justices of the county of Polk, and settle all county claims against said county.

Sec. 9. Be it further enacted, That the county register of Polk County be, and he is hereby required to deliver to the register of Rutherford County, all books, records, deeds or other papers in his possession, as register.

Sec. 10. Be it further enacted, That the entry taker of the county of PoIk be, and he is hereby, directed to deliver to the entry taker of Rutherford County all books and records in his possession as entry taker.

Sec. 11. Be it further enacted, That the acting justices of the peace, who reside in that portion of the county of Polk which was taken from the county of Rutherford be, and they are hereby constituted acting justices of the peace in and for the county of Rutherford. And all the acting justices of the peace who reside in that portion of the county of Polk which was taken from the county of Henderson be, and they are hereby, constituted acting justices of the peace in and for the county of Henderson.

Sec. 12. Be it further enacted, That all persons liable to do military duty in that portion of Polk County which was taken from the county of Rutherford, are hereby required to muster, and perform all other public duty in the county of Rutherford. And all persons liable to do military duty in that portion of Polk County, which was taken from the county of Henderson, are hereby required to muster and perform all other public duties in the county of Henderson.

Sec. 13. Be it further enacted, That all voters who live in that portion of Polk County, which was taken from the county of Rutherford, in all elections hereafter held, shall be required to exercise their elective franchise in the county of Rutherford. And all voters who live in that portion of Polk County which was taken from the county of Henderson, in all elections hereafter held, shall be required to exercise their elective franchise in the county of Henderson.

Sec. 14. Be it further enacted, That the chairman of the board of superintendents for common schools of Polk County, be directed to pay to the superintendent of common schools of Rutherford County, three fourths of the money in his hands, and one fourth to the superintendent of common schools of Henderson County.

Sec. 15. Be it further enacted, That the clerks ot the superior and county courts of the counties of Rutherford and Henderson shall have the same power and authority over all the records, documents and papers, which are hereby required to be transferred to their offices, by the clerks of the superior and county courts of Polk County, as if such records, documents and papers had heretofore belonged to the offices of the county and superior court clerks of the counties of Rutherford and Henderson; and the said clerks, of the county and superior courts of Rutherford and Henderson are hereby required to enter all causes of trial and other matters of record, upon their respective dockets, strictly observing the order and number of the same.

Sec. 16. Be it further enacted, That the officers required to perform their respective duties in the 3, 4, 5, 6, 7, 8, 9, 10 and 14th sections of this Act, shall he allowed until the first day of March next to perform the same, and in case of failure on the part of either of the aforesaid officers to comply with the provisions of this Act, such officer so failing to perform the duty hereby required of him, shall, for such neglect of his duty, forfeit and pay the sum of five hundred dollars, to be sued for and recovered, by action of debt, by the prosecuting attorney for the State, in either the county or superior courts of the counties of Rutherford or Henderson; the money to be applied to the use of the county suing for the same.

Sec. 17. Be it further enacted, That all laws and clauses of laws coming in conflict with the provisions of this Act, be, and the same are hereby, repealed.

Sec. 18. Be it further enacted, That this Act shall be in force from and after its ratification.

[Ratified 26th 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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