North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter XCI

Laws and Resolutions of the State of North Carolina Passed by the General Assembly in 1874-1875 - Page 93.

SECTION 1. The General Assembly of North Carolina do enact, That all that part of the county of New Hanover ineluded within the following bounds, to-wit: Beginning at Rich Inlet, on the Atlantic Ocean, running thence up the
channel of said inlet to the mouth of Foy's Creek, thence up said creek to the fork thereof, thence by a direct line to the junction of Old House Branch with Island Creek, thence down said creek to the northeast branch of Cape Fear River, thence down said river to the mouth of Fishing Creek, thence by a direct line to the junction of Black River with northwest branch of Cape Fear, thence up the northwest branch of Cape Fear to the Bladen County line, and all that portion of the county of New Hanover lying north of said line be and the same is hereby created into a separate and distinct county by the name of Pender with all the rights, privileges and immunities incident and belonging to the other counties in this State.

SEC. 2. That the county site [seat] of said county shall be located at some point on the Wilmington & Weldon Railroad.

SEC. 3. This Act shall be in force from and after its ratification.

Ratified the 16th day of February , A.D. 1875.

JAMES L. ROBINSON, S.H.R.
R.F. ARMFIELD, P.S.

State of North Carolina:
Office Secretary of State
Raleigh, May 15th, 1875.
I, William H. Howerton, Secretary of State, hereby certify that the foregoing are true copies of the original acts and resolutions on file in this office.
WILLIAM H. HOWERTON,
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 General Assembly Entiled An Act to Lay Off and Establish a County by the Name of Pender.

Chapter CXXXVI

Laws and Resolutions of the State of North Carolina Passed by the General Assembly in 1874-1875 - Pages 154-159.

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

SEC. 2. An election shall be held in the county of Pender on the third Thursday in April, Anno Domini one thousand eight hundred and seventy-five, 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. 3. 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 Pender as they now exist, who shall hold their offices until the first Thursday in
August, Anno Domini one thousand eight hundred and seventy-five, and until their successors shall have been qualified according to law.

SEC. 4. At the election to be held on the first Thursday in August, Anno Domini one thousand eight hundred and
seventy-six, for members of the House of Representatives, the county of New Hanover shall elect two members and the county of Pender shall elect one member, which arrangement shall continue until the next apportionment.

SEC. 5. That until after the next apportionment the county of Pender shall vote for State Senator with the county of
New Hanover, as now provided by law.

SEC. 6. It shall be the duty of the sheriff of New Hanover County, immediately after receiving a certified copy of
this Act, to advertise by posting a notice at some public place in each of the townships in the county of Pender, and shall also cause said notice to be inserted twice in at least two newspapers published in the city of Wilmington, that an election will be held in said county and in each of said townships, on the third Thursday in April next, (one thousand eight hundred and seventy-five,) for the election of officers mentioned in this Act.

SEC. 7. It shall be the duty of the county commissioners of the county of New Hanover and of 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 said election was to be held in the county of New Hanover at a regular election, and it shall be the duty of the said sheriff to superintend the holding of said election in the same way and manner as if it was held in the county of New Hanover only, and see that the returns thereof are duly authenticated and returned to the commissioners of New Hanover County, at the court house in Wilmington, on the fourth Thursday in April, one thousand eight hundred and seventy-five, who shall meet at that time and place for receiving, comparing and announcing the result of said election and issuing certificates of election 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 of Pender County, to be delivered by him forthwith to the parties entitled thereto.

SEC. 8. The first meeting of the commissioners of Pender County shall be held at Rocky Point, one the fifth Thursday in April next, (one thousand eight hundred and seventy-five,) for the purpose of taking the oath of office, to be administered by any acting justice of the peace residing in the county of New Hanover, and said commissioners, after having qualified, shall be deemed and taken to be, and shall be duly organized a board of commissioners for the county of Pender, with all the ordinary rights, privileges and powers of such boards in the several counties of the State.

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, or within a time to be prescribed by them, after which they shall have the authority and exercise the rights given respectively to the same officers in the other counties of the 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 Pender County, or within the
time prescribed by the board, shall be taken as declining to fill such office, and a vacancy shall exist to be filled according to law.

SEC. 11. The commissioners of Pender County shall, at their first meeting, and which may be continued three days,
select and fix upon a place for holding the Superior Court and commissioners' courts until a permanent seat of justice shall be determined upon, and a temporary or permanent court house erected thereat.

SEC. 12. That the county officers in New Hanover County shall continue in the exercise of all their official duties within the limits of the county of Pender until the commissioners of Pender County are elected and qualified, in the same manner and to the same extent as if the county of Pender had not been established.

SEC. 13. That all the civil causes that shall remain on the Superior Court docket of New Hanover County, including those that are on the docket of the Judge of Probate of New Hanover after the first day of May, one thousand eight hundred and seventy-five, in which both plaintiff and defendant are citizens of Pender County, shall be transmitted by the clerk of the county of New Hanover to the county of Pender for trial, under the same rules and regulations that govern the removal of causes from one county to another, except that no affidavit or order of the court shall be necessary thereto, and it shall be the duty of said clerk to deliver the transcripts of record of such suits to the clerk of the Superior Court of Pender County at least twenty days before the first term of said court is held, and all of said causes shall then stand for trial at that term, and it shall be the duty of the clerk of said county 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 New Hanover.

SEC. 14. Where criminal actions are now pending in any Superior Court against any citizen of Pender County, or
where the same shall be instituted before the organization of the county of Pender, the same shall be continued and
prosecuted therein as now provided by law.

SEC. 15. That Robert I. Nixon, Fletcher H. Bell, Robert R. Bryant, John D. Powers and James Gason are appointed commissioners to confer with a commission to be appointed by the commissioners of New Hanover County, to adjust and ascertain the part of the public debt of New Hanover to be assumed by the county of Pender: Provided, That in said adjustment the public buildings of New Hanover shall be valued and that amount deducted from the debt, and the residue divided between the counties according to the amount of taxable property in each as evidenced by the tax books of New Hanover, and in case the respective commissioners cannot agree they are authorized to call in the chairman of the board of county commissioners of Duplin or Brunswick County as umpire.

SEC. 16. That all persons who may bo liable to imprisonment under any process, either civil or criminal, in Pender
County before the completion of the jail therein may he committed to the jail of New Hanover County or any adjoining county, as the commissioners of Pender may direct.

SEC. 17. There shall be a Superior Court opened and held for the county of Pender on the second Monday in July and the third Monday in December, in the year one thousand eight hundred and seventy-five, and each year thereafter, at such places as may be determined upon according to the provisions of section eleven of this Act, and the judge of the Fourth Judicial District shall preside thereat.

SEC. 18. 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 Pender, he or they first taking an oath before some acting justice of the peace for the faithful discharge of his duty.

SEC. 19. When a permanent seat of justice shall be determined upon according to the provisions of section twenty
of this Act, the county commissioners shall proceed at once to procure by donation or purchase not less than ten nor more than two hundred acres of land within one mile of the selected point, which land shall be conveyed to the chairman of the board of 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 land laid off in lots and streets of such size and width as they may decree right and proper in said town, which shall be called Cowan, and shall be the seat of justice of said county, and after designating such of said lots as shall be kept for public purposes, the said county commissioners, after thirty days' public notice, made in such manner as they may deem best, shall expose said lots or such of them as they may think should be sold, to public sale at auction on such credit as they may deem proper, with interest from date payable to the chairman of the county commissioners of said county, who shall hold the same subject to the order of his board: Provided, That he shall require security on said bonds.

SEC. 20. That it shall be the duty of the county commissioners and sheriff of New Hanover to provide for and
superintend an election in the county of Pender for a location for the permanent seat of justice of said county at the
same time the election is held for various county officers in said county, and the location receiving the highest number of votes shall be selected.

SEC. 21. After a location for a permanent seat of justice shall have been selected and a site procured for a location of the court house, it shall be unlawful for any person to sell any spirituous liquors within three miles of said location, and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not exceeding fifty dollars or imprisoned not exceeding thirty days: Provided, That it shall be the duty of the county commissioners to advertise when said location has been procured.

SEC. 22. That this Act shall be in force from and after its ratification, and all laws and clauses of laws inconsistent with its provisions are hereby repealed.

Ratified the 8th day of March, A.D. 1875.

JAMES L. ROBINSON, S.H.R.
R.F. ARMFIELD, P.S.

State of North Carolina:
Office Secretary of State
Raleigh, May 15th, 1875.
I, William H. Howerton, Secretary of State, hereby certify that the foregoing are true copies of the original acts and resolutions on file in this office.
WILLIAM H. HOWERTON,
Secretary of State. 



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