Acts of the General Assembly of Virginia
Chap. 60 - An Act establishing the county of Wayne of part of the county of Cabell.
(Passed January 18, 1842.]
1841-42
36-38
1. Be it enacted by the general assembly, That all that part of the western side of the county of Cabell, contained within the following boundary lines, to wit: Beginning at the mouth of Fourpole creek on the Ohio river, thence a straight line to the mouth of Long branch, (so as to include the house and farm of Asa Booton within the new county;) thence following the top of the dividing ridge between the said Long branch and the Beach fork of Twelvepole river, up to the mouth of Raccoon creek; thence crossing the Raccoon creek to the dividing ridge between the said Beach fork and Guyandotte river; thence along the said dividing ridge to the line dividing the counties of Logan and Cabell; thence with said line to the mouth of Marrowbone creek, a branch of the Tug fork of Big Sandy river; thence down said Big Sandy river, with the line dividing this state from the state of Kentucky, to the mouth of Big Sandy river; thence up the Ohio river to the place of beginning, shall form one distinct and new county, and be called and known by the name of Wayne county, in memory and in honour of general Anthony Wayne.
2. The governor shall commission thirteen persons as justices of the peace, in and for the said county of Wayne, and the justices now in commission, residing in that part of Cabell county which will be in the county of Wayne, when this act shall commence and be in force, shall be of said number, and shall be commissioned in point of seniority, according to the date of their present commissions; all of whom shall, before entering upon and exercising any of the duties of said office, take the several oaths, and within the time 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 Cabell, Logan or Wayne; and the justice administering such oaths shall grant a certificate of the same, to be delivered to the justice qualified, who shall file the same in the clerk's office of Wayne county, there to be recorded.
3. A court for the county of Wayne shall be holden by the justices thereof on the second Monday of 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. The permanent place for holding the courts in the county of Wayne, now required by law to be holden for the several counties of this commonwealth, shall be on the lands of Abraham Trout, senior, of Twelvepole river, at or near his present residence in the now county of Cabell, and the county court for the county of Wayne shall provide a lot or lots of land at said place, not exceeding two acres, (unless more be furnished by donation, in which case the justices may take and hold the same, provided a full and satisfactory title be made thereto,) upon which to erect a courthouse and such other necessary public buildings and fixtures as the convenience of the county requires under existing laws for holding courts and conducting business incident thereto, in the manner now required by law "where land shall not already be provided and appropriated for that purpose;" and said court shall cause said buildings and fixtures to be constructed at the charge of the county of Wayne. The title to any land purchased for valuable consideration, or furnished in free gift, for the site of a courthouse and other public buildings for said county, shall be made in fee simple to any four or more justices of the said county of Wayne, and their successors in office, in trust for the use and benefit of said county.
5. The justices of the peace, commissioned and qualified as aforesaid, for the said county of Wayne, shall meet at the house now the residence of said Abraham Trout, senior, in the now county of Cabell, on the second Monday in June 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 upon a place in the said county of Wayne for holding the courts thereof, until the necessary buildings shall be constructed at or near the said residence of Abraham Trout, senior.
6. It shall be lawful for the sheriff of the county of Cabell to collect by distress or other lawful mode, any public dues and officers' fees which shall remain unpaid by the inhabitants of the county of Wayne, at the time when this act shall commence and be in force, and shall be accountable for the same in like manner as if this act had never been passed.
7. The courts of the county of Cabell shall have and retain jurisdiction of all actions and suits depending before them on the first Monday in August next, and shall try and determine the same, and award execution thereon, except in cases where both parties reside within the said new county; which last mentioned cases, together with the papers thereto appertaining, shall after that day be removed to the courts of the county of Wayne, and there tried and determined, and execution awarded.
8. The said county of Wayne shall be attached to the same judicial circuit with the county of Cabell, and the circuit superior courts of law and chancery thereof shall be holden on the third day of May, and on the third day of October, in every year, and be of the same brigade district with the county of Cabell.
9. The said county of Wayne shall belong to the same senatorial, congressional and electoral districts with the county of Cabell.
10. The said county of Wayne and the county of Cabell shall together send one delegate to the house of delegates in the general assembly of Virginia, until a reapportionment of representation shall take place.
11. The courts of quarterly sessions of the said county of Wayne, shall be holden in the months of April, July, September and December in every year.
12. And be it further enacted, That the county surveyors of the counties of Cabell and Wayne, together with Joseph Nigley, John Welman and Burwell Spurlock of the now county of Cabell, are hereby appointed commissioners (any three of whom may act) 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 new county of Wayne and the county of Cabell; and the said commissioners are hereby requred to make report of their proceedings in writing, to the county courts of each of said counties, which reports shall be recorded in the clerk's office in each of said counties; and in all controversies which may hereafter arise concerning said lines, shall be conclusive evidence. The county courts of each of said counties shall make such allowance to the said commissioners for their services as they shall respectively deem proper, to be paid out of the county levy of each of said counties respectively.
13. And be it further enacted, That all separate elections heretofore authorized to be holden in the county of Cabell, and falling within the county of Wayne, shall be conducted for the said county of Wayne in like manner as heretofore for the county of Cabell; and it shall be the duty of the county court of the county of Wayne, at their first court to be holden after the passage of this act, to appoint as many persons as may be necessary to perform the duties of sheriff, at the several places for holding separate elections in the said county of Wayne, and who shall attend at the courthouse of Cabell county to compare the polls, and to do and perform such other duties as are required by law, and who shall be liable to the same penalties as are now imposed by law on sheriffs or their deputies, for failing or refusing to hold separate elections or other omissions of duty; and said court shall also appoint as many commissioners as are required by law to superintend said separate elections.
14. This act shall be in force from the passing thereof.