CHARTER AND SESSION LAWS
   An Act to lay off and establish a County by the name of Caldwell.
   Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That all that portion of the Counties of Burke and Wilkes, beginning at Lovelady Ford, on the Catawba River, in the County of Burke, from thence to Corpening's Bridge, on Lower Creek, thence to John's River, at the upper end of the plantation of the late John Perkins, crossing the same, to and with the dividing ridge between Warrior Creek and Wilson's Creek, to the Yancy line, thence with said line to the Ashe line, and with the Ashe line to the dividing Ridge between Buffalo and Elk Creek, thence with said ridge to the Yadkin River, at the mouth of Elk Creek, crossing the same to and with the dividing Ridge between Beaver Creek, and King's Creek, to the top of the Brushy Mountain, at the Burke line, thence with said line to the corner of Iredell County, and with said line to the Catawba River, thence with the River to the beginning, be, and the same is hereby erected into a separate and distinct County by the name of Caldwell.
   II.   Be it further enacted, That this Act shall be in force from and after its passage.
   [Ratified, the 11th day of January, 1841.]
 
   An Act supplemental to an Act passed by the present General Assembly, entitled "An Act to lay off and establish a County by the name of Caldwell."
   Be it enacted by the General Assembly of the State of North Carolina, and it is hereby enacted by the authority of the same, That the County of Caldwell shall be, and is hereby invested with all the rights, privileges and immunities of the other Counties in this State, except as is hereafter provided.
   II.   Be it further enacted, That the Justices of the Peace, and Officers of the Militia, who reside within the limits of the County of Caldwell, shall continue to hold and exercise all the official powers and authorities in and for said County, that they have hitherto held and exercised in the Counties of Burke and Wilkes.
   III.   Be it further enacted, That the Constables now residing in the County of Caldwell, shall continue to hold their offices, and perform all duties appertaining thereto, until the first County Court, to be held for said County, under the same rules, regulations and penalties as Constables are subject to in other Counties in this State.
   IV.   Be it further enacted, That the Counties of Burke, Wilkes and Caldwell, shall continue to be represented in the General Assembly in the same manner as heretofore, and in the name of the Counties of Burke and Wilkes, until a future Legislature shall otherwise provide and direct; and all elections for Members of Congress, and both Houses of the General Assembly, shall be held by the Sheriffs or other Returning Officers of the Counties of Burke and Wilkes, in all the territory heretofore comprehended in the limits of their respective Counties, at the time and places, and under the same rules, regulations and restrictions, as have been appointed, or may hereafter be appointed by law, and the Certificate of said Sheriffs, or other Returning Officer, to the result of said election or elections, shall be as valid and effectual, to all intents and purposes, as if the Act laying off and establishing the County of Caldwell had never been passed.
   V.   Be it further enacted, That a Court of Pleas and Quarter Sessions shall be, and the same is hereby established in and for the County of Caldwell, to be held by the Justices of said County, the first Court to be held on the first Monday in March, in the year one thousand eight hundred and forty-one, and thereafter, to be held on the fourth Monday in April, July, October and January, in each and every year; Provided, that no Court shall be held on the fourth Monday in April, one thousand eight hundred and forty-one, and that the Sessions of said Court shall be held at the Store-house of George Powell, near the house of George Smith, jun. until the seat of Justice for said County shall be established, as herein provided, and that at the first Session of said Court, a majority of the Justices of the Peace being present, shall elect a Clerk, Sheriff, Coroner, Register, Entry-taker, Surveyor, Constables, and all other officers for said County, who shall enter into Bonds as required by law and shall hold and continue in said offices until successors to them are duly chosen and qualified, according to the Acts of the General Assembly in such cases made and provided.
   VI.   Be it further enacted, That the Court of Pleas and Quarter Sessions, established by this Act, shall possess and exercise the same power, authority and jurisdiction, as is possessed and exercised by other County Courts in this State, and shall have exclusive jurisdiction of all crimes committed within the limits of Caldwell County, of which the County Courts of other Counties in this State have jurisdiction, until a Superior Court of law is established for said County; and all suits at law, now pending in the County Courts of Burke and Wilkes, wherein the citizens of Caldwell are both plaintiffs and Defendents; and all indictments in said Courts against citizens of Caldwell Comity, shall be transferred to the County Court of Caldwell, in the manner now provided for transferring suits from one County to another; and all appeals from the County Court of Caldwell, shall be sent to the Superior Court of Wilkes for trial, when the plaintiffs reside in that portion of Caldwell taken from Wilkes, and to the Superior Court of Burke, when the plaintiffs reside in that portion of said County taken from Burke.
   VII. Be it farther enacted, That all criminal offences which may be committed in that part of Caldwell taken from Burke, which are cognizable only in the Superior Court of law, shall be, and continue under the jurisdiction of the Superior Court of law of the County of Burke, and similar offences committed in that portion of said County, taken from Wilkes, shall be, and continue under the jurisdiction of the Superior Courts of Wilkes, until a Superior Court of law shall be given to the County of Caldwell.
   VIII. Be it further enacted, That all persons who may be liable to imprisonment under any process, either criminal or civil, in Caldwell County, before the completion of a Jail in said County, shall be committed to the Jail of either the County of Burke or Wilkes.
   IX.   Be it further enacted, That all process issued from the Superior Courts of Burke or Wilkes against the citizens of Caldwell, shall be valid without the Seal of office being affixed thereto, until a Superior Court is created for the County of Caldwell ; and all process so issued, until a Sheriff shall have been elected for the County of Caldwell, shall be executed by either the Sheriff of Burke or Wilkes; and after that time, such process shall be directed to the sheriff of Caldwell, and be executed by him.
   X.   Be it further enacted, That Catlet Jones, Edmund Jones, William Dickson, Daniel Moore, senior, William Watts, John Blair, senior, Levi Lawton, senior, Peter Ballew, junior, and Abner Pain, are hereby appointed Commissioners to select and determine upon a site for a permanent Seat of Justice for said County, who shall locate the same as near the centre of said County as practicable, and a majority of said Commissioners shall have power to act.
   XI.   Be it further enacted, That a majority of said Commissioners shall have power to purchase or receive by donation, for the County of Caldwell, a tract of land, consisting of not less than twenty-five acres, to be conveyed to the Chairman of the County Court of said County, and his successors in office, upon which a Town shall be laid off, and called "Lenoir," where the Court House and Jail shall be erected, and where, after the completion of the Court House, the Courts of said County shall be held, and the Clerks and Register shall keep their offices.
   XII. Be it further enacted, That the County Court of Caldwell, at its first Session, shall appoint five Commissioners to lay off the lots of said Town, and after designating such as shall be retained for Public uses, shall expose after due notice, the residue to sale at Public Auction, upon a credit of one and two years, and shall take from the purchasers bonds and security for the purchase money, made payable to the Chairman of the County Court, and his successors, and upon the payment of the purchase money, the Chairman, or his successors, shall execute title therefor; which money shall be appropriated to the building of a Court House and Jail.
   XIII. Be it further enacted, That nothing in this Act shall be so construed as to prohibit the Sheriffs of Burke and Wilkes from collecting such monies as are due, or may become due, on any judgment before the first Court of Pleas and Quarter Sessions that shall he held for Caldwell County.
   XIV. Be it further enacted, That this Act shall not be so construed as to prevent the Sheriffs of Burke and Wilkes from collecting all arrears of taxes in the same manner as they could have done previous to the creation of the County of Caldwell, Provided, nevertheless, that the Sheriffs of Burke and Wilkes Counties shall not collect any taxes in the County of Caldwell, or of the citizens of said County, imposed by the County Courts of Burke and Wilkes, and which are to be collected in the year one thousand eight hundred and forty-one; but that the same may be collected upon the tax duplicates of the Clerks of Burke and Wilkes, by the Sheriff of Caldwell, and be paid over to the use of Caldwell County.
   XV. Be it further enacted, That the Courts of Pleas and Quarter Sessions of Burke and Wilkes, shall have power until a Superior Court is created for Caldwell, to draw Jurors from said County as heretofore for Burke and Wilkes Superior Courts, and the Jurors so drawn shall be summoned by the Sheriff of Caldwell, and for non-attendance, shall be subject to the same penalties as are now prescribed by law.
   XVI. Be it further enacted, That the Courts of Pleas and Quarter Sessions for the County of Burke, heretofore held upon the fourth Monday in July and January, shall after the first day of March next, be held upon the third Monday in July and January in each and every year; any law to the contrary notwithstanding.
   XVII. And be it farther enacted, That this Act shall be in force from and after its ratification.
   [Ratified, the 11th day of January, 1841.]