North Carolina - Legislative Acts

An Act to Establish County Governments.

1876-77 Public Laws: Chapter CXLI

Public Laws of the State of North Carolina Passed in 1876-77 - Pages 226-229.

Section 1. The General Assembly of North Carolina do enact, Every county is a body politic and corporate, and shall have the powers prescribed by statute and those necessarily implied by law, and no other.

Sec. 2. In each county there shall be elected biennially, by the qualified voters thereof, as provided for the election of members of the general assembly, a treasurer, register of deeds and surveyor: Provided, however, That a majority of the justices may abolish the office of treasurer, and thereupon the duties and liabilities now attached to the office shall devolve upon the sheriff.

Sec. 3. The townships heretofore created or hereafter established shall be distinguished by well defined boundaries, and may be altered, and additional townships created by the board of county commissioners, but no township shall have or exercise any corporate powers whatever, unless allowed by Act of general assembly, to be exercised under the supervision of the board of county commissioners.

Sec. 4. The justices of the peace shall be elected by the general assembly. The general assembly at its present session shall elect three justices of the peace for each township in the several counties of the state, who shall be divided into three classes, and hold their offices for the terms of two, four and six years respectively, but the successors of each class, as its term expires, shall be elected by the general assembly for the term of six years. In addition to the justices of the peace above provided for, there shall be elected by the general assembly, for each township in which any city or incorporated town is situated, one justice of the peace, and also one for every one thousand inhabitants in such city or town, who shall hold their office for the term of six years. The Secretary of State shall certify the clerks of the superior courts of the several counties in the state a list of all justices of the peace elected for their several counties, with the terms for which they shall have been appointed, and this shall be their commission, and the clerk of tlie superior court shall notify said justices of their appointment, who shall thereupon be entitled to enter upon the duties of their office, upon taking before the said clerk the oath of office now prescribed by law for justices of the peace. But the terms of those elected at the present session of the general assembly shall begin at the expiration of the terms for which the justices of the peace now in office have been elected, and not before.

When new townships shall be established, if the general assembly shall not be in session, the Governor shall appoint the justices of the peace therein, and they shall hold their office until the next meeting of the general assembly; and until their successors shall be elected and qualified.

Sec. 5. The justices of the peace for each county, on the first Monday in August, one thousand eight hundred and seventy-eight, and on the first Monday in August every two years thereafter, shall assemble at the court house of their respective counties, and a majority being present, shall proceed to the election of not less than three nor more than five persons, to be chosen from the body of the county including the justices of the peace, who shall be styled the board of commissioners for the county of ____________ , and shall hold their olfices for two years from the date of their qualification, and until their successors shall be elected and qualified. But those elected on the first Monday in August, one thousand eight hundred and seventy-eight, shall enter upon the duties of their office immediately upon the expiration of the term for which the board of county commissioners now in office have been elected, and not before. They shall be qualified by taking the oath of office before the clerk of the superior court, or some judge or justice of the peace, as now prescribed by law, and the register of deeds shall be, ex officio, clerk of the board of commissioners; Provided, however, That the board of commissioners shall not have power to levy taxes, to purchase real property, to remove or designate new sites for county buildings, to construct or repair bridges, the cost whereof may exceed five hundred dollars, or to borrow money for the county, nor alter or make additional townships, without the concurrence of a majority of the justices of the peace; sitting with them; and for the purposes embraced in this proviso the justices of the peace of the county shall meet, with the board of commissioners on the first Monday in August, one thousand eight hundred and seventy-eight, and annually thereafter, unless oftener convened by the board of commissioners, who are hereby empowered to call together the justices of the peace when necessary, not oftener than once in three months, but for such services the justices of the peace shall receive no compensation.

Sec. 6. The board of commissioners so elected shall have and exercise the jurisdiction and powers vested in the board of commissioners now existing, and also those vested in and exercised by the board of trustees of the several townships, except as may hereafter be prescribed by law; and they shall hold their sessions as may be prescribed by law.

Sec. 7. All the provisions of article seven of the constitution inconsistent with this Act, except those contained in sections seven, nine and thirteen, are hereby abrogated, and the provisions of this Act substituted in their place: Subject, however, to the power of the general assembly to alter, amend or abrogate the provisions of this Act, and to substitute others in their stead, as provided for in section fourteen of article seven of the constitution.

Sec. 8. This Act shall be in force from and after its ratification.

Ratified the 27th day of February, A.D. 1877.

Zebulon B. Vance, Governor
Charles Price, Speaker of the House of Representatives
Thomas J. Jarvis, Lt. Governor and President of the Senate

State of North Carolina,
Office Secretary of State,
Raleigh, April 25th, 1877.

I, Joseph A. Engelhard, Secretary of State, hereby
certify that the foregoing are true copies of the original
acts and resolutions on file in this office.

Joseph A. Engelhard,
Secretary of State.



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