North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Establish and Provide for the Organizing of the County of Scotland From the Territory of Richmond County.

Chapter 127

Public Laws and Resolutions of the State of North Carolina Passed by the General Assembly in 1899 - Pages 256-262.

The General Assembly of North Carolina do enact:

SECTION 1. That a county by the name of Scotland be and the same is hereby created and established out of and embracing Laurel Hill, Spring Hill, Stewartsville and Williamson's townships in Richmond County, the whole to lie within and have the following specified bounds, that is to say; Beginning at a point in the line between the states of North Carolina and South Carolina, where the county of Robeson and the county of Richmond in the state of North Carolina converge on said state line; thence in a northerly direction with the line between the counties of Richmond and Robeson in the state of North Carolina to Cumberland County; thence with the line between Richmond and
Cumberland counties to Moore County; thence with the line between Moore and Richmond counties to the line between Beaver Dam and Spring Hill townships in Richmond County; thence with the line between the townships of Beaver Dam, Rockingham and Mark's Creek townships in Richmond County, and being the line dividing said townships from the townships of Spring Hill, Laurel Hill and Williamson's in the said county of Scotland to the line between the states of North Carolina and South Carolina; thence with said state line to the beginning.

SEC. 2. That the said county of Scotland shall be and is hereby invested with all the rights and powers and privileges of the several counties of the state under general laws regulating the same, and shall be subject to such laws as now exist or shall hereafter be enacted for the government of counties.

SEC. 3. That Peter McRae, Esq., and W. H. McLaurin, Esq., of said county of Scotland be and they or either of them are appointed commissioner or commissioners on the part of Scotland County, and they or either of them shall meet a commissioner or commissioners who shall be appointed by the board of commissioners of the counties of Richmond and Robeson at their first meeting during the year Anno Domini one thousand nine hundred; and the said commissioners herein provided for shall proceed to select a competent surveyor, and being sworn they shall survey and mark the line between said county of Richmond and the county of Scotland and the county of Robeson, as designated in this Act, and make a report of the same under their hands and seals or the hands and seals of any two of them representing opposite sides of said dividing line to the board of commissioners of each of said counties, which report shall be spread upon the minutes of said boards as a part of their records. The said commissioners shall furnish the said board of commissioners of each of said counties with a map of their survey. Said commissioners to survey said line shall have power to employ such persons as may be necessary for making said survey, and said commissioners and their helpers shall be allowed reasonable compensation for their service to be allowed by the board of commissioners of the county of Scotland: Provided, the commissioner or commissioners from Robeson County shall be paid by the board of commissioners of Robeson County, and that said survey between the counties of Robeson and Scotland shall be made in accordance with the Acts creating the counties of Robeson and Richmond.

SEC. 4. That the sheriff and other county officers of the county of Richmond shall continue to exercise the functions of their respective offices in the detached portions of said county until the officers of the county of Scotland shall have been elected and qualified according to law. All township officers in said portion herewith detached from Richmond County shall continue and be officers in the county of Scotland as freely and fully and with the like duties, powers and requirements for said officers as in other counties and for such term as they held or may hold under their appointment or election in and for the county of Richmond: Provided, that all such officers shall within the month of December, Anno Domini nineteen hundred, file with the clerk of the superior court or the board of commissioners, as required originally of said county of Scotland, a proper certificate of original qualifying: And provided further, that each of said officers shall take before the officers with who [whom] said certificate be filed the oath of office required generally for said officers.

SEC. 5. That at the general election next ensuing for such officers there shall be an election for sheriff, clerk of the court, register of deeds, coroner, surveyor and such other county and township officers as shall be regularly elected by other counties, excepting county treasurer, for the county of Scotland, to be voted for by the qualified voters at such election in the county of Scotland. And the several officers of Richmond county shall be empowered and it shall be their duty to conduct said election for the county of Scotland in all respects for said county as the said
officers shall be required to do for the county of Richmond, making out different returns, separate canvasses of votes and in all respects keeping the votes of said counties separate, and tabulating them and reporting them separately as required by law in and for the county of Richmond. Said officers of the county of Richmond shall serve all papers, post all notices and do any and all things in and for the county of Scotland as generally required of and for other counties by the officers thereof, and shall issue such commissions to the officers elect of said county of Scotland as shall be required of them for the county of Richmond.

SEC. 6. That the board of commissioners of the county of Richmond or other officers making tax levy for said county for the year Anno Domini nineteen hundred shall make a like levy for the county of Scotland for said year. And all laws appertaining to special taxes for said county of Richmond shall apply and continue to apply to said county of Scotland until repealed and shall be binding upon the county of Scotland and its officers as completely as if enacted especially for the county of Scotland.

SEC. 7. That the several courts of the state shall have jurisdicton in and over the county of Scotland as such county on and after the first Monday in December, Anno Domini one thousand and nine hundred, to the same extent and in the same manner as the said courts have in and over the several counties of the state, and on and after said first Monday in December, Anno Domini nineteen hundred, the said courts shall have jurisdiction of all matters within the county of Scotland as the said courts would have over the same matters and things without the formation of said new county. And it shall be no defense by plea or otherwise as to jurisdiction of said courts over causes of action arising or that have arisen within the territory embraced in said Scotland County territory, brought into the courts of said county of Scotland, that the said cause of action arose before the formation of the county of Scotland: Provided, that this shall in no way affect any of the statutes of limitation governing causes generally.

SEC. 8. That the superior courts of the county of Scotland shall sit in the town of Laurinburg and the several offices required to be kept at the court house shall be kept in said town.

SEC. 9. That all civil and criminal cases pending in the superior court of Richmond County or any other county court held in said county of Richmond wherein the parties plaintiff and defendant, or where the party defendant resides in said county of Scotland or where the criminal offense charged was committed in said county of Scotland shall upon motion of defendants in criminal causes therein pending or upon motion of either party to civil causes be transferred to the superior or other proper court of Scotland County. Such motion for removal shall be made at the first term of the court wherein the cause shall be pending which shall sit or be holden after the first Monday in December, Anno Domini nineteen hundred, and such transfer shall in no way work any preference or prejudice: Provided, that the judge of the court wherein such civil causes shall be pending shall be empowered to exercise his discretion as to the removal of civil causes, and may deny such motion for removal, upon objection made by opposing party to said action. It shall be the duty of the clerk of the court of Richmond County to transmit the original papers in all such causes removed, together with proper record of all such causes removed.

SEC. 10. That if this session of the general assembly shall make no provision for the holding of courts in said county of Scotland, it shall be the duty of the board of county commissioners of said county to apply to the governor of the state for a term to be holden as often as one each spring and one each fall, and it shall be the duty of the governor to order such terms to be held at such times as he shall be able to assign a judge to hold the same, preferably when the judge riding the district embracing said county shall be able to hold the same. And it shall be the duty of said judge to hold said court, if he be not otherwise engaged, as fully as if said court were regularly provided for as one of the regular courts of said district; but if said judge be unable for any cause to hold said court whenever it may be ordered, then it shall be the duty of the governor to assign some other judge to hold the same, who shall receive the usual compensation for the holding of extra terms of court. And it shall be the duty of the board of commissioners of the county of Scotland to advertise the time of holding said courts for six weeks beforehand in some paper published in said county, or in some paper having a circulation in said county if there be none published in said county: Provided, that judgments, orders and decrees may be entered in all cases, if said time of holding said courts be advertised thirty days, and said term shall be legal in every respect as to having been advertised: Provided further, that advertising the time of holding said courts for twenty days, shall be sufficient in law, but no judgment shall be entered by default in any civil case unless said term be the return term, and unless summons or other process has been personally served citing the defendant or defendants to appear on a day certain, being the return day of said process. All process, civil and criminal, shall be made returnable to said courts, and when it shall be necessary to issue such process or take any recognizance or bond for the appearance of any person at any of said courts, and if the time of holding same be not known by the person or officer taking or issuing same, it shall be sufficient to make the same returnable to the next term of the said courts without specifying a, day certain: Provided, that if the time of holding said courts be otherwise regulated by statute, this section shall be void.

SEC. 11. The county commissioners of the said county of Scotland shall select a site for the erection of a jail within one mile of the center of the town of Laurinburg, and shall contract for the building of the same: Provided, that it shall be let to the lowest responsible bidder by advertisement of the county commissioners. Said bidder shall enter into bond with sufficient sureties to be approved by the commissioners, to build and complete said jail according to specifications furnished by said commissioners; Provided further, that until the erection of a suitable jail in said
county all persons liable to imprisonment by any process, civil or criminal, in said county may be committed to the jail of Richmond County: Provided further, that the said commissioners of said county may procure suitable buildings for the transaction of all county business, and may contract for a term of years for same, if they deem it expedient so to do.

SEC. 12. That said county of Scotland shall have one representative in the house of representatives of the general assembly, and Richmond County shall have one; said county of Scotland shall be a part and parcel of the senatorial, congressional and judicial districts of which Richmond County shall be a part and parcel.

SEC. 13. That all real estate which may be bought by the commissioners of said county for the purposes of this Act shall be conveyed to the board of commissioners of the county of Scotland for the use of said county.

SEC. 14. That said county of Scotland shall bear its proportionate part of the debt of Richmond County, both bonded and floating outstanding on the first Monday in December, Anno Domini nineteen hundred, and the proper levying officers shall proceed according ro law to levy taxes to pay the same as it becomes due, and the tax collector of said county shall collect the said taxes so levied.

SEC. 15. That the board of commissioners of the county of Richmond at their December meeting, Anno Domini nineteen hundred, shall appoint two (2) freeholders as arbitrators, and the board of commissioners of the said county of Scotland shall appoint a like number at their first meeting, and said arbitrators herein provided for shall meet in the town of Rockingham on the Monday next after their appointment, and from time to time thereafter until their work has been completed, and after being sworn said arbitrators shall ascertain the outstanding indebtedness of Richmond County on said first Monday in December, Anno Domini nineteen hundred, and upon the basis of tax valuation of the county of Richmond and the county of Scotland shall determine the amount proportional to each county of said indebtedness, which indebtedness shall be paid in accordance with such finding: Provided, the board of commissioners of either county may appeal to the superior court of Richmond County as provided for appeals from boards of commissioners. And it shall be heard as other causes and may be removed to another county, upon motion, upon affidavit filed, if the presiding judge shall deem it proper to remove the same. And the said arbitrators
shall determine the proportionate part of the funds on hand which should be awarded to each of said counties and shall determine what taxes shall be due and collectible by each of said counties, and shall certify their findings to the board of commissioners of each of said counties, and their finding shall be binding upon said counties. And from any of said findings a like appeal may be had as herein provided. Said arbitrators shall be empowered to select an umpire who shall serve with them after being sworn, and said arbitrators and umpire shall be empowered to send for parties and papers, administer oaths and punish for contempt as provided for boards of county commissioners.

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

Ratified the 20th day of February, A.D. 1899.

HENRY G. CONNOR, S.H.R.
CHARLES A. REYNOLDS, P.S.

State of North Carolina:
Office of Secretary of State
Raleigh, April 28th, 1899.
I, Cyrus Thompson, Secretary of State, hereby certify that the foregoing (manuscript) are true copies of the original acts and resolutions on file in this office.
CYRUS THOMPSON,
Secretary of State. 



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