Acts of the General Assembly of Virginia
CHAP. LXXIII. AN ACT forming a new county out of parts of the counties of Mason, Kanawha and
Wood.
1830-31
(Passed March 1, 1831.)
1. Be it enacted by the general assembly, That all that part of the counties of Mason, Kanawha and Wood, contained within the following boundaries, to wit: Beginning at the mouth of Pond creek, on the Ohio river; thence, a direct line to the west corner of Lewis county, where the lines of Lewis, Wood and Kanawha counties meet; thence, with the line dividing Lewis and Kanawha counties, to a point where the West fork of the Little Kanawha river crosses said line; thence, a direct line to the mouth of the Middle fork or Countze's creek, a branch of Pocatalico river; thence, a direct line to the mouth of the first branch emptying into the Ohio river above the Letart falls; thence, up the Ohio river, following its meanders to the place of beginning, shall form one distinct and new county, and be called and known by the name of Jackson county.
2. The governor, with the advice of the council of state, shall commission ten persons as justices of the peace in and for the said county of Jackson, who shall, before entering upon and executing the said office, take the several oaths now required by law of persons commissioned as justices of the peace; which oaths may be administered by any justice of the peace now in commission for either of the counties of Mason, Kanawha or Wood.
3. A court for the said county of Jackson, shall be held by the justices thereof, on the fourth Monday in every month, after the same shall have been organized, in like manner as is provided by law for other counties, and shall be by their commissions directed.
4. And in order the more impartially and correctly to ascertain the most proper place for holding courts, and erecting the public buildings for the said county of Jackson, John M'Whorter of the county of Lewis, and John Miller of the county of Kanawha, and William Spurlock of the county of Cabell, and Cyrus Cary of the county of Greenbrier, and John M'Coy of the county of Tyler, gentlemen, shall be, and they are hereby appointed commissioners, a majority of whom may act, for the purpose aforesaid, whose duty it shall be, after having performed the services hereby required, to make report thereof in writing, to the court of the said county of Jackson; whereupon, they, the said court, shall proceed to erect the necessary public buildings at the place so fixed upon by the said commissioners, or a majority of them; which, when completed, shall be the permanent place for holding courts for the said county of Jackson.
5. The justices of the peace commissioned and qualified as aforesaid, for the said county of Jackson, shall meet at the residence of John Warth, in said county, on the fourth Monday in May next; and a majority of them being present, shall proceed to the appointment of a clerk of the said court; shall nominate to the governor suitable persons to be commissioned as sheriff and coroner of the said county, and fix a place for holding the courts of said county, until the necessary buildings shall be constructed at the place designed by the said commissioners.
6. It shall be lawful for the sheriffs of the counties of Mason, Kanawha and Wood, to collect and make distress for any public dues or officers' fees, which shall remain unpaid by the inhabitants of the county of Jackson, at the time this act shall go into effect, and shall be accountable for the same in like manner as if this act had never been made.
7. The courts of the counties of Mason, Kanawha and Wood, shall have jurisdiction of all actions and suits depending before them on the first day of May next, and shall try and determine the same, and award execution thereon.
8. The said county of Jackson shall be in and attached to the same judicial circuit with the county of Mason; and the circuit courts thereof shall be holden on the third Thursday in April, and on the third Thursday in September, in every year, and be of the same brigade district with the county of Mason. In future, the elections of a senator and elector, and a representative in congress in the said county of Jackson, shall be of the same district as the county of Mason.
9. Until a separate and independent representation shall be provided by law for the said county of Jackson, the said county of Jackson and the county of Mason, shall together send one delegate to the general assembly, and be attached to the senatorial district composed of the counties of Kanawha, Cabell, Logan, Nicholas and Mason, and to the congressional district of which the county of Mason now forms a part.
10. The courts of quarterly sessions for the said county of Jackson, shall be holden in the months of March, June, August and November, in every year; and the said county of Jackson shall belong to the same chancery district, for which a court is by law directed to be holden at Clarksburg.
11. And be it further enacted, That it shall be lawful for the county courts of Mason, Kanawha, Wood and Jackson, and they are hereby required to appoint commissioners to run and mark the lines between the said counties, as designated by this act; which, when run and marked, shall be taken and considered as the dividing lines between the said counties. The commissioners are hereby required to make report of their proceedings to the county courts of said counties respectively; which reports shall be recorded in the clerk's office of each of said counties, and in all controversies which may hereafter arise touching said lines, shall be conclusive evidence. The county courts of Mason, Kanawha, Wood and Jackson, shall allow the said commissioners a reasonable compensation for their services, to be paid out of the levy of each county, in equal proportions.
12. This act shall commence and be in force from and after the passing thereof.