North Carolina - Legislative Acts Creating Precincts / Counties

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

Chapter 113

Laws and Resolutions of the State of North Carolina Passed by the General Assembly in 1881 - Pages 169-175.

The General Assembly of North Carolina do enact:

SECTION 1. That a new county is hereby laid off and established to be formed out of portions of Warren, Franklin and Granville counties, and bounded as follows: Begin at a point on the south bank of Tar River in Granville County, just opposite the point where the dividing line between Fishing Creek and Kittrell's townships
strikes said river; thence down said river to a point in Franklin County opposite the place where King's Creek
empties into said river; thence across said river north twenty-three and one-half degrees east to a pine tree near the old Moss house; thence due east to a rock on the road leading from Duke's Store to Nat. Macon's place, about half-way between the Alston and the old Perry places; thence down said road to Duke's Store; thence in a direct line to the point where the Millford Road crosses the Warren and Franklin counties' line; thence in a direct line to Coley's x Roads in Warren County; thence in a direct line to the point where Nutbush Creek crosses the Virginia and North Carolina state line; thence along said state line to Big Island Creek; thence up said creek to the line between Townesville and Sassafras Fork townships; thence along the boundary line between said townships, and between Henderson and Oxford townships, and Kittrell and Fishing Creek townships, south to the beginning.

SEC. 2. That the said county of Vance shall be and is hereby invested with all the rights, powers and privileges of the counties of this state except as is hereinafter provided.

SEC. 3. When the boundary line of said county shall divide any townships heretofore established in either of the counties of Franklin, Granville or Warren, any county officer heretofore elected in either of the said counties, who shall reside within the said county of Vance, shall continue to hold his office in the county of Vance to which he was entitled in the county in which he was elected or appointed. And if there shall be any vacancy in any of the said offices the said vacancy shall be filled by operation of the laws now in force and applicable to all the counties of the state: Provided, however, That the county commissioners of the said county of Vance, and the clerk of the superior court of said county, the sheriff and register of deeds of said county, shall be appointed and elected as is hereinafter directed.

SEC. 4. That as soon after the proclamation, and election in pursuance thereof, as hereinafter provided, as practicable, not to exceed ten days thereafter, all the justices of the peace within the limits of the said county of Vance shall assemble together in the town of Henderson and shall then and there elect from the body of the qualified voters of said county five commissioners for said county, who shall be vested with and exercise all the powers and authorities, and be subject to the same liabilities and penalties that county commissioners of the several counties of the state are vested with and subject to, and shall hold their offices till their successors in office shall be elected and shall have qualified according to the laws now in force pertaining to said election and qualification: Provided, That within ten days after the passage aud ratification of this Act and before the assembling of the justices of the peace as hereinbefore provided, it shall be the duty of the governor of the state to order and direct, by his proclamation in that behalf issued, an election to be held at such time and at such places within the bounds of the said county of Vance, as he may think best, by the registered voters of the said county of Vance within the boundaries set forth in section one of this Act, upon the establishment of the said county of Vance, and thereupon the governor shall appoint registrars and poll-holders to receive the votes cast at said election, which said election shall be by ballot and be governed by the laws now in force regulating the election of members of the general assembly: And provided, further, That the ballots cast at said election shall be printed or plainly written and in the following words, "For the County" or "Against the County," and that the said poll-holders shall on the third day after the said election, by twelve o'clock meridian, of said day, assemble together in the town of Henderson, and then and there count the votes cast at their respective precincts, add up the same and forward the joint report of the result under their hands and seals to the governor of the state, who shall thereupon declare the result in accordance
with said report, and, if a majority of said ballots shall be for the county, then the said justices of the peace shall assemble and act as is hereinbefore in this section provided: Provided, however, That it shall be the duty of the registrars appointed by the governor as aforesaid, after notice publicly given in their respective precincts, to open, for the purpose of such election at Kittrell, Townesville and Henderson and at some public places in in the portions of Warren and Franklin counties respectively within the bounds set forth in section one of this Act, books for the registration of the voters at such election, and thereupon it shall be the duty of such registrars to keep open the said books for ten days next preceeding said election, and to register therein the names of all persons within their respective precincts qualified to vote for members of the general assembly: And provided further, That the laws now in force for the prevention of illegal voting and registration in state elections shall apply to all persons who shall illegally register or vote at such election.

SEC. 5. That the resident judge of the superior court for the Fifth Judicial District shall appoint a clerk of the superior court of the said county of Vance, who shall hold his office until his successor in office shall be elected and have qualified, according to the laws of the state in regard to the election and qualification of clerks of the superior court.

SEC. 6. That the county commissioners of the said county of Vance shall, as soon after their election and qualification as may be, appoint a sheriff and register of deeds, who shall have the qualifications, give the bonds,
perform the duties, and be subject to the liabilities and penalties now prescribed by law concerning sheriffs and
registers of deeds in other counties of this state, and shall hold their offices from their elections and qualifications,
till their successors in office are elected and shall have qualified according to the laws in that regard now in force.

SEC. 7. That the jurisdiction of the superior court be and is hereby extended to and over said county of Vance in the same manner as the said court has jurisdiction in the several counties of this state, and the judge of the superior court in and for the said Fifth Judicial District shall hold the superior court for said county for one week, commencing the Mondays after the termination of the spring and fall terms of said court in Rockingham County each and every year; and all cases, both civil and criminal, arising in said county of Vance and properly cognizable
in the superior courts, shall be tried in the said court, and all criminal cases now pending in the superior courts of Franklin, Granville and Warren counties, wherein the defendants are citizens of or reside in the county of Vance, and all civil cases pending in the said superior courts where the parties plaintiff and defendant, or the party plaintiff shall be citizens of or reside in the county of Vance, shall be, on the motion of defendants in said criminal cases or the parties plaintiffor defendant or parties plaintiff as the case may be, in said criminal cases, transferred to the superior court of the said county of Vance for trial; and such transfer shall in no way work any prejudice.

SEC. 8. That the county commissioners of the said county of Vance shall, immediately after their election and qualification as hereinbefore provided, select a site for a court house and other necessary county buildings for said county, within the corporate limits of the town of Henderson, and thereupon the authorities of the said town shall, in accordance with constitutional provisions in such cases made, immediately proceed to raise by taxation or in such other lawful manner as may be most practicable and convenient for the citizens thereof, the sum of four thousand dollars wherewith to erect a court house and suitable offices for said county: Provided, That the contract for the building of said court house and offices shall be let to the lowest responsible bidder by advertisement of the county commissioners, who shall thereupon enter into bond with security to be approved by said commissioners to build, and complete said court house and offices according to such plans and specifications as may be agreed on by said commissioners: Provided, further, That until the completion of such court house the said commissioners shall procure a suitable building or buildings for said court house, etc.: And provided, further, That if the said town of Henderson shall in accordance with the said constitutional provisions refuse to raise by taxation or otherwise the said sum of four thousand dollars, then this Act and every part thereof shall be void.

SEC. 9. That until the erection of a public jail in said county, all persons who may be liable to imprisonment by virtue of any process either criminal or civil in said county shall be committed to the jails of Granville, Franklin and Warren respectively as the said persons may be residents of the portions of Franklin, Granville and Warren taken for the formation of said county of Vance.

SEC. 10. That the apportionment under the census of one thousand eight hundred and eighty shall be made without reference to the county proposed to be created under this Act; but if said county shall be organized, it shall thereafter vote for members of the general assembly with the county of Warren.

SEC. 11. That all real estate which may be bought by the said commissioners for the purposes of this Act shall be conveyed to the county commissioners of Vance County for the use of said county,

SEC. 12. That it shall be lawful for the commissioners of said county, at a regular meeting, to provide for the
expenditure of a greater amount than one thousand dollars for the court house of said county, in which case the said additional amount shall be raised by taxation on the polls and taxable property of Vance, and thereupon added to the said four thousand dollars to be raised by the town of Henderson, and expended for the erection of said building as it provides in section eight of this Act.

SEC. 13. That the county commissioners of said county shall, as soon as practicable, appoint a suitable person to
make a suitable plat and survey of said county.

SEC. 14. That the said commissioners are hereby authorized to purchase a site for the court house and necessary
buildings specified in section eight of this Act, and to build thereon in addition to said court house a public jail for said county, and they may lay a tax for raising the amount of money necessary for the same.

SEC. 15. That that portion of the citizens and taxable property taken from the counties of Franklin and Granville and attached to the county of Vance shall not be released from their proportion of the outstanding public debts of the said counties of Granville and Franklin contracted before the passage of this Act; said proportions to be ascertained and determined by the county commissioners of Granville, Franklin and Vance counties, in such manner and by such method as may be agreed upon.

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

Read three times in the General Assembly, and ratified the 5th day of March, A.D. 1881.

CHARLES M. COOKE, S.H.R.
JAMES L. ROBINSON, P.S.

State of North Carolina:
Office Secretary of State
Raleigh, May 14th, 1881.
I, W.L. Saunders, Secretary of State, hereby certify that the foregoing are true copies of the original acts and resolutions on file in this office.
W.L. SAUNDERS,
Secretary of State. 



© 2019 - J.D. Lewis - PO Box 1188 - Little River, SC 29566 - All Rights Reserved