North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Lay Off and Establish Transylvania County.*

Chapter 10

Public Laws of the State of North Carolina Passed by the General Assembly 1860-1861 - Page 19.

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 Transylvania be laid off and established out of the counties of
Henderson and Jackson with the following boundary, to wit: beginning at the standing stone, on the South Carolina
line, near the head waters of Green River and Little River, and runs with the Blue Ridge to Green River Gap, thence a straight line to the top of Hickory Mountain, thence a straight line to the top of the mountain, west of William Sintel's, thence with the main ridge to the top of the high point on the mountain near the Hadden farm, thence a straight line to the mouth of the branch between the Hadden and Justus farms, thence down the French Broad River to the mouth of Bryson's Creek, thence a straight line to the top of Pisgah Mountain, thence a west direction with the Haywood line to the Jackson line to a point on the Blue Ridge between the head of Indian Creek and Toxaway, and running with the dividing ridge between Indian Creek and Toxaway River to said river, thence south to the South Carolina line, thence with the South Carolina line to the beginning.

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

[Ratified the 15th day of February , 1861.]

NATHAN N. FLEMING, S.H.C.
HENRY T. CLARK, S.S.

State of North Carolina:
Office of Secretary of State
April, 1861.
I, Rufus H. Page, 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.
RUFUS H. PAGE, 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 Session of the General Assembly Laying Off and Establishing the County of Transylvania

Chapter 11

Public Laws of the State of North Carolina Passed by the General Assembly 1860-1861 - Pages 19-18.

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

Sec. 2. Be it further enacted, That all the justices of the peace and officers of the militia, who reside within the limits of the county of Transylvania, shall continue to hold and exercise all the official powers and authority in and for said county that they have heretofore held and exercised in and for the counties of Henderson and Jackson respectively.

Sec. 3. Be it further enacted, That the constables now residing in the county of Transylvania, shall continue to hold their office, and perform all duties appertaining thereto, until the first county court to he held for said county, under the same rules, regulations and penalties as constables are subject to in other counties of this State.

Sec. 4. Be it further enacted, That the counties of Henderson and Jackson shall continue to be represented in the General Assembly of the State of North Carolina, as they have heretofore been, and that all the qualified voters
taken from said counties of Henderson and Jackson shall continue to vote with the counties to which they heretofore belonged, until a future legislature shall otherwise provide and direct, and elections shall be held for members of both houses of the General Assembly and of Congress, by the sheriff or other returning officers of Henderson and Jackson counties, in all the territory heretofore comprehended in said counties at the times and places, and under the same rules and regulations and restrictions as have been made, or hereafter may be made by law, and the certificates of said sheriffs or other returning officers to the result of said elections shall be as valid and efiectual, to all intents and purposes, as if the Act of laying off and establishing the county of Transylvania had never
been passed.

Sec. 5. Be it further enacted, That a court of pleas and quarter sersions shall be held, and the same is hereby established in and for the county of Transylvania, to be held by the justices for said county on the third Monday of February, May, August and November. The first session of which shall be held at the house of B. C. Lankford, on the third Monday of May next, when the court aforesaid, a majority of the justices of the said county being present, shall elect a clerk, a sheriff, a coroner, a register and entry taker, a surveyor, constable, 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 to them are duly elected and qualified, according to the Acts of the General Assembly, in such cases
provided; and said court, at its first session aforesaid, may appoint the place of its future sessions until a court house
shall be erected for said county.

Sec. 6. 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 Transylvania County, of which the county courts have jurisdiction until a superior court of law is established for said county; and suits at law now pending in the county courts of Henderson and Jackson, whenever the citizens of Transylvania County are both plaintiff and defendant, and all indictments in the county courts of Henderson and Jackson against citizens of Transylvania shall be transferred to the county court of Transylvania, in the manner now provided for transferring suits from one county to another, and all appeals from the county court of Transylvania shall be sent to the superior court of Henderson.

Sec. 7. Be it further enacted, That all criminal offenses which may be committed in the county of Transylvania, which are cognizable only in the superior courts of law, shall be and continue under the jurisdiction of the superior
courts of Henderson and Jackson, as if the Act establishing the county of Transylvania had never been passed, until a superior court shall be appointed for the county of Transylvania.

Sec. 8. Be it further enacted, That all persons who may be liable to imprisonment under any process, either civil or criminal, in Transylvania County, before the completion of the jail therein, may be committed to the jail of Henderson County.

Sec. 9. Be it further enacted, That all process issued from the superior court of Henderson or Jackson, against any of the citizens of Transylvania, shall he valid, without the seal of office affixed, until a superior court is established for the county of Transylvania, and all process so issued, after the third Monday of May next, shall be directed to the sheriff of Transylvania County, and executed by him.

Sec. 10. Be it further enacted, That James L. Linyard, Joseph Bryent, George Orr, T. W. Johnston, and Col. Joseph Hamilton, of Transylvania, and A. Henry, of Henderson County, be and they 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 at such place as they may think best and most convenient to a majority of the citizens of said county, which site shall be called Brevard, and shall be located within five miles of W. P. Poor's store; and said commissioners are hereby authorized and empowered to purchase, or receive by donation, a tract or parcel of land, not less than fifty acres, upon which the said site shall be located, the title of which land shall be made to the chairman of the county court and his successors in office, for the use and benefit of said county.

Sec. 11. Be it further enacted, That it shall be the duty of the commissioners before mentioned, at some day between the tenth of May and the tenth of June next, to meet together and select a location or site for said town;. and a majority of said commissioners shall have full power and authority to make said selection, for which service
they shall be entitled to receive such compensation as the county court of Transylvania may allow.

Sec. 12. Be it further enacted, That James Killian, W. P. Poor and Charles Patton be and they are hereby appointed commissioners to lay off the lots of said town, and after designating such as shall be retained for public use, after an advertisement of thirty days, in such manner, and at such places as said commissioners may think proper, may expose to public sale and the highest bidder, said lots, or as many as they may think proper, upon a
credit or one or two years, and shall take from the purchaser or purchasers bonds with approved 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 successor in office, shall execute title therefor; which money, or so much thereof as may be necessary, shall be appropriated to the building of the court house and jail.

Sec. 13. Be it further enacted, That nothing herein contained shall be so construed as to prevent the sheriffs of Henderson County and Jackson County from collecting all arrearages of taxes in the same manner as they could
have done previous to the establishing of Transylvania County.

Sec. 14. Be it further enacted, That the taxes for the year 1861, for county purposes, shall be collected by the sheriffs of Henderson and Jackson, and paid respectively to their counties, as if this Act establishing Transylvania had not been passed: and the superintendants of common schools of the counties of Henderson and Jackson are
hereby authorized to pay over to the school districts that were included in their respective counties, the amount of
money that said districts may be entitled to for the year 1861.

Sec. 15. Be it further enacted, That this Act shall be in force from and after its ratification.

[Ratified the 15th day of February, 1861.]

NATHAN N. FLEMING, S.H.C.
HENRY T. CLARK, S.S.

State of North Carolina:
Office of Secretary of State
April, 1861.
I, Rufus H. Page, 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.
RUFUS H. PAGE, Secretary of State.



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