North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Lay Off and Establish a New County by the Name of "Dare."

Chapter XXXVI

Public Laws of the State of North Carolina Passed by the General Assembly 1869-1870 - Pages 71-75.

SEC. 1. The General Assembly of North Carolina do enact, That a new county is hereby laid off and established,
to be formed out of portions of Currituck and Tyrrell and Hyde counties, bounded as follows, to wit: Beginning in
the north of Long Shoals River at a point on the north side; of said river known as Rawls' Point, thence running up
said river to the dividing line between the counties of Hyde and Tyrrell, thence running west said line to Alligator
River, thence running the various courses of said river to its mouth, thence running a course across the Albemarle and Currituck sounds, so as to strike a point on the Currituck Sound known as Long Point of Marsh, thence running a northeast by east course to the Atlantic Ocean, thence running south along the sea beach to Hatteras Inlet, thence running a direct course across the Pamlico Sound to the place of beginning.

SEC. 2. That the county of "Dare" shall be and is hereby invested with all the rights of the counties of this state except as are hereafter provided.

SEC. 3. When the boundary line of said county shall divide any township heretofore established in either of the
counties of Currituck, Tyrrell or Hyde, any officer of the township board [of] trustees heretofore elected who shall reside within said county of "Dare," shall continue to hold his office and exercise all the powers thereof in the county of "Dare" to which he was entitled in the county in which he was elected, and if there be a vacancy in any township
board of trustees, the governor shall fill said vacancy, and the persons by him appointed shall hold his office until the
first Thursday in August in the year of one thousand eight hundred and seventy-one, and until his successor shall have qualified; and the regular election for said officers shall be held every two years thereafter.

SEC. 4. That the governor shall, immediately after the passage of this Act, appoint five commissioners for said county of "Dare," who shall, according to section three, article seventh of the constitution, perform the duties therein required of county commissioners, and report to the next session of the general assembly, and shall hold and exercise all the powers and authorities, and be subject to the same penalties that county commissioners of the several counties in this state are subject to, and said commissioners shall hold their offices till the first Thursday in August in the year of one thousand eight hundred and seventy-two, and until their successors shall have qualified: Provided, That before the governor makes such appointment he shall, at such time as he may deem proper and in such way as he may deem best, submit to the qualified voters embraced in the county of "Dare," whether they wish said county of ''Dare" to be established. If a majority of the voters be cast for "Dare," then he shall at once organize the county as provided in this Act: Provided further, That that portion of the citizens taken from the county of Currituck and attached to the county of "Dare," shall not be released from their proportions of the outstanding county debt contracted for public improvement before the passage of this Act, to be determined by the county commissioners of Currituck and "Dare" counties.

SEC. 5. That the judge of the superior court in and for the First Judicial District shall appoint a clerk of said county
for the county of "Dare," and the term of office of said clerk shall terminate at the same time as if he had been elected at the general election held in April, one thousand eight hundred and sixty-eight.

SEC. 6. That the jurisdiction of the superior court be and the same is hereby extended to and over said county of
"Dare" in the same manner as the said court has in and over the several counties in this state, and the judge for the
First Judicial District shall hold the superior court for said county of "Dare" on the sixteenth Monday after the first
Monday in March and October, and all cases both [in] civil and criminal within the bounds of said county of "Dare"
shall be tried in the said court: Provided, That actions and suits affecting citizens in the county created by these Acts
pending in the superior courts of Currituck, Tyrrell and Hyde counties may be continued in those counties at the
option ot the parties thereto, or of the solicitor, but when such cases and trials shall be transferred to the superior
court of the county of "Dare," there shall be no prejudice by reason of such transfer.

SEC. 7. That it shall be the duty of the county commissioners to procure a suitable building on Roanoke Island for the holdings of the courts for said county until a court house shall have been erected.

SEC. 8. That all persons who may be liable to imprisonment under any process either criminal or civil in "Dare"
County, before the completion of the public jail in said county, shall be committed to the jail in Pasquotank County.

SEC. 9. That the provisions of an Act of the General Assembly, ratified the tenth day of April, one thousand eight
hundred and sixty-nine, entitled "An Act Concerning Townships," except when the same are inconsistent with the provisions of this Act, shall be extended to the township to be established in said county.

SEC. 10. That the said county of "Dare" shall not be allowed a member in the house of representatives till the next apportionment in the year one thousand eight hundred and seventy-two.

SEC. 11. That until after the next apportionment the county of "Dare" shall cast their votes for state senator with the second senatorial district.

SEC. 12. That the county commissioners appointed shall immediately select a site for the permanent seat of justice
for said county, having in view the convenience and interest of the people in the county, and when they shall have located said seat of justice, it shall be the duty of said commissioners to purchase, or receive by donation for the county of "Dare," a tract of land containing not less than one acre to be conveyed to the chairman of the board of county commissioners of said county and their successors in office, which land, when so purchased or donated, shall be deemed to be held by said chairman and his successors absolutely in fee simple for said county of "Dare," upon which tract of land the court house and jail shall be erected, and when after the completion of the court house the courts of said county shall be held.

SEC. 13. That said county commissioners shall have full power to contract for the building of a suitable court house
and jail for said county, of such size and dimensions and upon such plan as said commissioners shall determine upon, they being required to take bond and approved security from the contractors for the faithful execution of the work.

SEC. 14. That the county commissioners shall as soon as practicable appoint one or more suitable persons to make
a survey and plat of said county of "Dare," he or they first taking an oath before some acting justice of the peace for
the faithful discharge of his duty.

SEC. 15. That the county commissioners shall have power to levy a sufficient tax upon the property of said county to erect a suitable court house and jail in and for said county of "Dare:" Provided, That said tax shall be collected in
the same manner as other county taxes.

SEC. 16. That this Act shall be in force from and after its ratification.

Ratified the 3d day of February , A.D. 1870.

JOHN. W. HOLDEN, S.H.R.
TOD R. CALDWELL, P.S.

State of North Carolina:
Office of Secretary of State
Raleigh, June 6th, 1870.
I, Henry J. Menninger, Secretary of State, hereby certify that the foregoing are true copies of the original public acts and resolutions on file in this office.
HENRY J. MENNINGER,
Secretary of State.



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