| Title: |
An act for dividing the county of Botetourt into two distinct counties.
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| Source: |
Hening, William Waller, ed. The Statutes at Large, Being a Collection of All the Laws of Virginia, 1821.
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| Overview: |
Petitioned by an ever growing number of settlers in Botetourt County, the General Assembly agreed to the creation of a the county of Fincastle for the more convenient establishment of local governmental institutions for settlers beyond Blue Ridge. The act describes the boundaries of Fincastle, establishes the responsibilities of the county court and local justices of the peace.
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I. WHEREAS it is represented to this present general assembly, by the inhabitants and settlers on the waters of Holston Maps: and New River Maps: , in the county of Botetourt, that they labour under great inconveniencies [sic], by reason of the extent of the said county, and their remote situation from the courthouse: Be it therefore enacted, by the Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That from and after the first day of December next, the said county of Botetourt shall be divided into two distinct counties, that is to say, all that part of the said county, within a line, is run up the east side of New River Maps: to the mouth of Culberson's creek, thence a direct line to the Catawba road, where it crosses the dividing ridge, between the north fork of Roanoke Maps: and the waters of New River Maps: , thence with the top of the ridge to the bent where it turns eastwardly, thence a south course, crossing Little River Maps: , to the top of the Blue Ridge of mountains, shall be established as one distinct county, and called and known by the name of Fincastle; and all that other part thereof, which lies to the east and north east of the said line, shall be one other distinct county, and retain the name of Botetourt.
II. And for the due administration of justice in the said county of Fincastle, after the same shall take place, Be it further enacted, by the authority aforesaid, That, after the said first day of December, a court, for the said county of Fincastle, shall be constantly held by the justices thereof upon the first Tuesday in every month, in such manner as is by the laws of this colony provided, and shall be by their commissions directed. Provided always, That nothing herein contained shall be construed to hinder the sheriff or collector of the said county of Botetourt, as the same now stands entire and undivided, from collecting and making distress for any public dues or officers fees which shall remain unpaid by the inhabitants of the said county of Fincastle at the time of its talking place; but such sheriff, or collector, shall have the same power to collector distrain for the said dues and fees, and shall be answerable for them in the same manner as if this act had never been made; any law, custom, or usage, to the contrary thereof, notwithstanding.
III. And be it further enacted, by the authority aforesaid, That the court of the said county of Botetourt shall have jurisdiction of all actions and suits, both in law and equity, which shall be depending before them at the time the said division shall take place, and shall and may try and determine all such actions and suits, and issue process, and award executicn, against the body and estate of the defendant, or defendants, in any such action or suit, in the same manner as if this act had never been made; any law, usage, or custom, to the contrary thereof, notwithstanding.
Banner image: From the Collection of The New-York Historical Society. Accession number 1867.306.
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