North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Establish a New County by the Name of Graham.*

Chapter LXXVII

Public Laws of the State of North Carolina Passed by the General Assembly 1871-1872 - Pages 127-128.

SECTION 1. The General Assembly of North Carolina do enact, That all that part of Cherokee County included within the following bounds, to wit: Beginning at a stake at the mouth of Slick Rock Creek on the lines of North Carolina and Tennessee, and running with said line to the top of Unacoee Mountain, thence to the Laurel-top, thence with divide mountain between Beaver Dam, Hanging-Dog and Snowbird creeks, to the top of the mountain between Snowbird Creek and Valley River and Cheoee; thence east, with the meanders of the mountain to the top of the same, to the line of Cherokee and Macon counties, thence northward with that line to the bank of Tennessee River, thence with the meanders of the bank of said river to the beginning; be and the same is hereby created into a separate and distinct county, by the name ot Graham, with all the rights, privileges and immunities incident and belonging to the other counties in this state: Provided, Said county shall not be entitled to a representative under the apportionment made by this general assembly.

SEC. 2. This Act shall be in force from and after its ratification.

Ratified the 30th day of January , A.D. 1872.

THOMAS J. JARVIS, S.H.R.
EDWARD J. WARREN, P.S.

State of North Carolina:
Office Secretary of State
Raleigh, Feb. 29th, 1872.
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 Department.
HENRY J. MENNINGER,
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, Entitled "An Act to Lay Off and Establish a New County by the Name of Graham."

Chapter CLXXV

Public Laws of the State of North Carolina Passed by the General Assembly 1871-1872 - Pages 264-270.

SECTION 1. The General Assembly of North Carolina do enact, That the county of Graham shall be and is hereby
invested with all rights, privileges and immunities of other counties in this state except as is hereinafter provided.

SEC. 2. N.G. Phillips is hereby authorized as surveyor to employ such assistance as may be necessary, and run and
make the line between the county of Graham and the county of Cherokee, beginning on the North Carolina and
Tennessee states' line, in Cherokee County, and following the line as indicated in an Act, ratified at the present session of the general assembly, establishing the county of Graham.

SEC. 3. An election shall be held in the county of Graham on the first Thursday in October, one thousand eight
hundred and seventy-two, for the purpose of electing a clerk of the superior court, a sheriff, a treasurer, a register of deeds, a surveyor, five commissioners and a coroner who, after having qualified and filed bonds, as required by law, shall fill their respective offices until their successors shall have been appointed or are elected at their next regular election and shall have legally qualified.

SEC. 4. At the same time, as specified in the foregoing section, a township board of trustees shall be elected in each of the townships in the county of Graham as they now exist, who shall hold their offices until the first Thursday in August, one thousand eight hundred and seventy-four, and until their successors shall have been qualified according to law.

SEC. 5. It shall be the duty of the sheriff of Cherokee county, immediately after receiving a certified copy of this Act, to advertise by posting a notice at some public place in each township, in the county of Graham, that an election will be held in said county and in each of said townships on the first Thursday in October, one thousand eight hundred and seventy-two, for the purpose of electing the officers aforenamed in sections four and five of this Act.

SEC. 6. It shall be the duty of the county commissioners of Cherokee County and the sheriff of said county, to make all necessary preliminary arrangements for holding the election aforesaid and at the time aforesaid, in the same way and manner as if the said election was to be held in the county of Cherokee at a regular election; and it shall be the further duty of said sheriff to superintend the holding of said election in the same way and manner as if it was held in the county of Cherokee only, and see that the returns thereof are duly authenticated and returned to the commissioners of Cherokee County, at the court house, in Murphy, on the second Thursday in October next, one thousand eight hundred and seventy-two, who shall meet at that time and place for receiving, comparing and announcing the result of said election and issuing certificates to such persons as shall have received the greatest number of votes for the several offices as above enumerated, which several certificates shall be delivered to the sheriff elect for Graham County to be delivered by him forthwith to the parties entitled thereto.

SEC. 7. The first meeting of the county commissioners of Graham County shall be held at King's and Cooper's Store, on the waters of Cheoah River, on the third Monday in October, one thousand eight hundred and seventy-two, for the purpose of taking the oath of office to be administered by any acting justice of the peace residing in the county of Cherokee, and said commissioners after having qualified shall be deemed and taken to be, and shall be duly organized a board of commisioners for the county of Graham, with all the ordinary rights, privileges and powers of such board in the several counties of this state.

SEC. 8. The commissioners ot Graham County shall at their first meeting, which may be continued from Monday
until Sunday inclusive, select and fix upon a place tor holding the superior court and commissioners' courts until a
permanent seat of justice shall be determined upon and a temporary court house erected thereat.

SEC. 9. The sheriff and other officers to be elected under the provisions of this Act whose duty it shall be to file bonds shall file the same during the first meeting of the board aforesaid, after which they shall have authority and exercise the rights given respectively to the same officers in the other counties of this state.

SEC. 10. Any officer who shall be elected at the election provided for in this Act and who being required to file a
bond or bonds shall fail so to do at the first meeting of the board of commissioners of Graham County, shall be taken as declining to fill such office and a vacancy shall exist to be filled according to law.

SEC. 11. That the county officers in the county of Cherokee shall continue in the exercise of all their official duties
within the limits of Graham until the commissioners of Graham County are elected and qualified in the same manner
and to the same extent as if the county ot Graham had not been established.

SEC. 12. That all the civil cases that shall remain on the superior court docket of Cherokee County, including those
on the dockets of the judge of probate of Cherokee County, after the first day of October, one thousand eight hundred and seventy-two, in which both plaintiff and defendant are citizens of Graham County, shall be transferred by the clerk of the aforesaid of Cherokee County for trial, under the same rules and regulations that govern the removal of causes from one county to another, except that no order or affidavit of the court shall be necessary thereto, and it shall be the duty of said clerk to deliver the transcript of record of such suits to the clerk of the superior court ot Graham County at least twenty days before the spring term, one thousand eight hundred and seventy-three, of said court, and all of said causes shall then stand for trial at that term, and it shall be the duty of the clerk of said court to prepare a docket for the trial of causes and to place the causes transmitted in the same order that they stood on the docket of Cherokee.

SEC. 13. That where criminal actions are now pending in the superior court against any citizen ot the county of
Graham, or where any shall be instituted at spring term, one thousand eight hundred and seventy-two, the same shall be continued and prosecuted therein, as now provided by law.

SEC. 14. That all persons who may be liable to imprisonment under any process, either civil or criminal, in Graham
County before the completion of the jail therein, may be committed to the jail of Cherokee County.

SEC. 15. There shall be a superior court opened and held for the county of Graham on the first Monday in March,
one thousand eight hundred and seventy-three, and regularly in each and every year thereafter as may be prescribed by law, at such places as may be determined upon according to the provisions of section eight of this Act, and the judge of the Twelfth Judicial District shall preside thereat.

SEC. 16. That N. G. Philips, James Lathan, James W. Cooper, Ute Hyatt and Hamilton Hays, of Cherokee County, be and they are hereby appointed commissioners to select and determine upon a site for a permanent seat of justice for the county of Graham, and for that purpose shall meet at King's and Cooper's Store, in the Cheoah Valley, on the first Monday in October, one thousand eight hundred and seventy-two, and if a majority of said comissioners be present they shall proceed from day to day to examine such localities as any two of said commissioners may deem it necessary to visit, in selecting a suitable site for a permanent seat of justice for Graham County. If a majority of said commissioners shall agree upon a single point or place, the same shall be the seat of justice for said county, and they shall report this fact without delay in writing to the chairman of the board of commissioners of Graham County; but in case a majority of said commissioners shall not concur in any one point or place, then they shall name two places and certify the same to the chairman aforesaid, in writing, and in that event the county commissioners of said county shall take such action and make such arrangements as may be necessary to submit the question of place to the qualified voters in said county at an election to be held on the first Thursday in August next, the result of which election shall be ascertained by the sheriff and certified to by him in writing, to the board of county commissioners aforesaid, and the place receiving the highest or greatest number of votes shall be the permanent seat of government of Graham County.

SEC. 17. When a permanent seat shall be determined upon according to the provisions of section sixteen of this Act, the county commissioners shall proceed at once to procure by donation or purchase not less than twenty acres
nor more than fifty acres of land within one mile of the selected point, which land shall be conveyed to the chairman
of the board of county commissioners and his successors in office forever for the use of said county, and further, they shall take such action as may be necessary to have said town laid off in lots and streets of such size and width as they may deem right and proper in said town, which shall be called Robbinsville, and shall be the seat of justice for said county, and after designating such of the lots as shall be kept for public purposes, the said county commissioners after thirty days public notice made in such way as they may deem best, shall expose said lots or such of them as they think should be sold to sale at public auction on a credit of one, two and three years, with interest from date, taking bond and security of the purchaser therefor, payable to the chairman of the county commissioners of said county, who shall hold the same, subject to the order of his board.

SEC. 18. That until otherwise provided the distribution of the school fund shall be made and the management
thereof in said county of Graham continued as if this Act establishing Graham County had never been passed.

SEC. 19. That the county of Cherokee shall continue to be represented in the general assembly as heretofore, and the qualified voters taken from said county shall continue to vote with the county of Cherokee except in elections for country officers until the general assembly shall otherwise provide, and the sheriff of Cherokee County shall continue to hold all elections save those excepted in this section at the same times and places in all the territory heretofore comprised in the county of Cherokee, and under the same rules, regulations and restrictions, and make the same returns as it the Act establishing the county of Graham and this Act had never passed.

SEC. 20. The register of deeds in Cherokee County shall on or before the first Monday in November next, furnish to the register of deeds of Graham County, a certified list of all claims due citizens of Graham County with the proper number of such claims prefixed and mark each of such claims on his own docket transferred to Graham County, and shall transmit the same to the register of deeds in said county of Graham, who shall enroll the same for payment therein according to their numerical order.

SEC. 21. That after the organization ot said county of Graham it shall be the duty of the commissioners of Graham
County to appoint one or more persons who may be members of their board to meet with the same number of persons appointed in the same manner by the commissioners of Cherokee County, whoso duty shall be to examine and ascertain the amount of the outstanding debts of Cherokee County at the ratification of this Act, and to agree and report to their respective boards the amount of such debts, and also the equitable proportion of said debts that should be assumed by the county of Graham; also the manner to which said equitable proportion may be paid and the time in which it may be paid.

SEC. 22. That this Act shall be in force from and after its ratification.

Ratified the 9th day of February, A.D. 1872.

THOMAS J. JARVIS, S.H.R.
EDWARD J. WARREN, P.S.

State of North Carolina:
Office Secretary of State
Raleigh, Feb. 29th, 1872.
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 Department.
HENRY J. MENNINGER,
Secretary of State. 



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