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
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.
State of North Carolina:
|* During the same General Assembly the Legislature passed the following "supplemental Act" to the above:|
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
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
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
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
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
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
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
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.
State of North Carolina: