Wayne County NcArchives Court.....& Jail, Act To Build Court House 1847
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Connie Ardrey n/a July 17, 2008, 10:09 pm

Source: Nc Archives
Written: 1847

Public & Private Laws of NC, 1846-1847
County Regulations, Chapter CXXX
Pages 275-277

An Act to authorise the removal of the county seat of Wayne County, from the 
town of Waynesborough, to the village of Goldsborough, in said county of 
Wayne, in the event the people of said county shall vote for such removal.

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 whenever a majority of 
the justices of the court of pleas and quarter sessions for the county of 
Wayne shall order the building of a new court house for said county, it shall 
be the duty of said court to appoint two inspectors to superintend the polls, 
to be opened at each and every election in said county of Wayne, for the 
purpose of ascertaining, by ballot, the will of the freemen of said county, 
relative to the removal of the site of the court house and other buildings, 
from Waynesborough to Goldsborough, in said county; such notice of said 
election being first duly given as said court may direct; and if the said 
court should fail to make such appointment, or if any inspector so appointed 
shall fail to act, it shall be the duty of the sheriff, or the person acting 
as his deputy on said occasion, with the advice of one justice of the peace, 
or, if more be present, with the advice of two freeholders, to appoint an 
inspector, or inspectors in the place of him or them, who shall fail to act, 
which inspectors, when duly sworn by some justice of the peace, to perform the 
duties of the place with fidelity, shall have the same authority as if 
appointed by the court: Provided however, that the election authorised by this 
section, shall be held at the same time of any election hereafter to be held 
for members of the General Assembly in said county, and shall not be held at 
any other time.

Be it further enacted, That all persons qualified by the constitution to vote 
for members of the House of Commons, may vote for or against said removal; 
those who are in favor of said removal, will deposit their vote with the 
word "removal" written on the ticket; and those opposed to such removal, will 
deposit their vote, with the words "no removal" written on the ticket; and it 
shall be the duty of the poll keepers to count the votes given at each 
precinct for removal or no removal, and return the same to the sheriff of said 
county, who shall count together all the votes; and if a majority shall be 
found in favor of such removal, it shall be the duty of the sheriff to furnish 
a certificate of the same to the next county court of said county; and such 
sheriff failing to comply with the requisitions of this act, shall suffer all 
the penalties imposed by law for failing to discharge his duty in any election 
for members of Assembly.

Be it further enacted, That it shall be the duty of the court of pleas and 
quarter sessions of the county of Wayne, at least ten justices being present, 
upon its being certified to said court by the sheriff, that a majority of the 
votes polled at such election are in favor of such removal, forthwith to 
appoint ten commissioners, of whom one shall be appointed from each captain's 
district in said county, for the purpose hereinafter named; and it is hereby 
made the duty of the sheriff of said county to give notice, in writing, to 
each of said commissioners of their said appointment, in twenty days 
thereafter.

Be it further enacted, That said commissioners, or a majority of them, when so 
notified, are hereby empowered and required, without delay, to prepare a plan 
for a new court house and a new jail for the use of said county, of such size, 
and to be built of such materials, as they shall deem requisite and expedient; 
which plan, with estimate of expense and a particular description of such 
contemplated buildings, shall be by them laid before the said court on or 
before the third Monday in February, 1848, to govern the said court in raising 
the funds to defray the expense of their erection; and said commissioners, or 
a majority of them, shall likewise, without delay, lay off a site for said 
court house and jail, of not less than two, nor more than four acres in size, 
within half a mile of the hotel of Mrs. Borden, in the village of 
Goldsborough, which site they shall purchase of the proprietor or proprietors 
at what they may deem a reasonable price, and take a deed or deeds therefore, 
in fee simple, to the chairman of said court and his successors, for the 
purpose aforesaid, and draw their order upon the county trustee, or any 
officer of said county holding money belonging to said county, for the 
purchase money for the same, who shall pay the money before any other claim.

Be it further enacted, That said commissioners, or a majority of them, shall, 
without delay, contract with one or more responsible persons, in the name and 
upon the faith of said county, for building upon said site, within two years 
from the date of said contract, a new court house and a new jail for the use 
of said county, according to the plan and description they may have fixed on 
as aforesaid, taking bonds in double the amount of such contract or contracts, 
with good security, payable to the chairman of the court aforesaid and his 
successors, for the due and faithful performance of said contract or 
contracts; and may stipulate in behalf of said county, such payment as they 
may deem advisable.

Be it further enacted, That said commissioners, or a majority of them, are 
hereby empowered and required, whenever they shall deem the same advisable, to 
sell, at public auction, on such credit as they may think proper, the present 
court house and jail of said county, together with the lot upon which the same 
are situated, and convey to the purchaser a title to the same, reserving to 
the county, without charge, the use of the said building and lot until the 
said commissioners shall have received the new court house and jail aforesaid; 
and the monies arising from said sale, shall be applied to the carrying the 
provisions of this act into effect.

Be it further enacted, That should any one or more of said commissioners die, 
remove or refuse to act, before the completion of said new building, it shall 
be the duty of said court, not less than ten justices being present, at the 
next term after such vacancy or vacancies shall have happened, to fill up such 
vacancy or vacancies.

Be it further enacted, That from and after the term at which said new court 
house and jail shall have been received by said commissioners, or a majority 
of them, the superior court of law and equity, and the courts of pleas and 
quarter sessions of said county shall severally be held in the said new court 
house, and the prisoners of said county be confined in the said new jail, and 
that the clerks of the superior court, court of pleas and quarter sessions, 
and the register of the said court, are hereby required to keep their offices 
in said new court house, after it shall have been received as aforesaid.

Ratified 18th of January, 1847.


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