Pennsylvania Act 1851-495 — FULTON COUNTY ERECTED

Act text

Section 1. Be in enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That all that part of Bedford county lying east of the following line, to wit: Beginning on the line between the States of Pennsylvania and Maryland, at a point where the western boundary line of Bethel township, in Bedford county, intersects said State line, thence north along said township line to the south-eastern corner of East Providence township, thence along the southern line of said township to the top of Rays hill, thence along the top of said Rays hill to the line between the townships of East Providence and Wells, in said county, thence along said line to the point where it is intersected by the line between the township of Wells and Broad Top, and thence along said line to the Huntingdon county line, including the townships of Air, Belfast, Bethel, Dublin, Licking creek, Taylor, Thompson, Tod, Wells, and part of East Providence, shall be, and the same is hereby erected into a new county to be called Fulton.

Section 2. That part of East Providence township, situate, lying, and being in the new county of Fulton, is hereby erected into a new township, to be called Brush creek, and the qualified voters thereof shall hold their general, special, and township elections at the house of Mistress Catharine Barton, in said township; and Elijah Barton is hereby appointed judge and John Akers and Noah Barton, jr., inspectors of the elections to be held in October next.

Section 3. That the inhabitants of the said county of Fulton, from and after the first day of September, one thousand eight hundred and fifty, shall be entitled to and at all times thereafter have all and singular the courts, jurisdictions, offices, rights, and privileges to which the inhabitants of other counties of this State are entitled by the Constitution and laws of this Commonwealth.

Section 4. That the several courts in and for the said county of Fulton shall be opened and held in the town of McConnellsburg, at such house therein as may be designated by the commissioners of said county to be elected at the general election in one thousand eight hundred and fifty, until a court house shall be erected in and for the said county, as in hereinafter directed, and shall be then held at the said court house.

Section 5. That all suits and cases which shall be pending and undetermined in the several courts of Bedford county on the first of September, one thousand eight hundred and fifty, where both parties in such suit or suits shall at that time be resident in the county of Fulton, shall be transferred to the respective courts of Fulton county, and shall be considered as pending in said courts and shall be proceeded on in like manner as if the same had been originally commenced in said courts, except that the fees on the same due to officers of Bedford county shall be paid to them when recovered by the prothonotary or sheriff of Fulton county. And the prothonotary of Bedford county shall, on or before the first day of August, one thousand eight hundred and fifty, purchase dockets and copy therein all the docket entries respecting the said suits and cases to be transferred as aforesaid, and shall, on or before the first day of September, one thousand eight hundred and fifty, have the said dockets, together with the records, declarations, and other papers respecting the said suits and cases, ready to be delivered to the prothonotary of Fulton county the expenses of said dockets and copying to be paid by the said county of Fulton, on warrants to be drawn by the commissioners of Fulton county on the treasurer thereof.

Section 6. That all the taxes and arrears of taxes levied or which become due within the said county of Fulton before the passing of this act, and all sums of money due to this Commonwealth for militia fines in said county of Fulton, shall be collected and recovered as if this act had not been passed: Provided always, That the moneys arising from said county taxes assessed or to be assessed within the limits of the county of Fulton subsequently to the first of September, one thousand eight hundred and fifty, shall from time to time, as the same may be collected, be paid into the treasury of the county of Bedford for the use and benefit of the county of Fulton, until a treasurer shall be elected in the county of Fulton; and the treasurer of the county of Bedford shall keep separate accounts thereof, and pay the same to the treasurer of the county of Fulton as soon as he shall have been elected; and whatever part of said taxes may be assessed after the first day of September, one thousand eight hundred and fifty, may remain uncollected in the county of Fulton at the time of the election of the treasurer thereof, the same shall be collected in the usual manner and paid into the treasury of the county of Fulton.

Section 7. That the sheriff, treasurer, and prothonotary, and all such officers as are by law required to give security for the faithful discharge of the duties of their respective offices, who shall hereafter be appointed or elected in the said county of Fulton before they or any of them shall enter on the duty thereof, shall give sufficient security in the same manner and form, and for the same uses, trusts, and purposes, and in one-half the amount that such officers are obliged by law to give in the county of Bedford.

Section 8. That the sheriff, coroner, and the officers of the county of Bedford, shall continue to exercise the duties of their respective offices as heretofore within that part of Fulton county which before the passing of this act was within the county of Bedford, until similarly officers shall be appointed agreeably to law within the county of Fulton. And the persons who shall be appointed associate judges of the county of Fulton shall take and subscribe the requisite oaths and affirmations of office before the prothonotary of the Court of Common Pleas of the county of Bedford, who shall file a record of the same in the office of the prothonotary of the Court of Record of the county of Fulton.

Section 9. That the inhabitants of the county of Fulton shall elect members of Congress, Senators, and members of the House of Representatives, in the same manner and at the same times and places as if this act had not passed; and the return judges of the representative district composed by the counties of Bedford and Fulton, shall meet at the court house in the borough and county of Bedford.

Section 10. (10 repealed Apr. 28, 1978, P.L.202, No.53)0

Section 11. (11 repealed Apr. 28, 1978, P.L.202, No.53)0

Section 12. (12 repealed Apr. 28, 1978, P.L.202, No.53)0

Section 13. That in all cases when it shall be lawful for the sheriff, jailor, or prison-keeper, of the county of Fulton, to hold in close custody the body of any person in the common jail of said county, if such jail were at this time erected in and for the said county, such person shall be delivered to and kept in close custody by the sheriff, jailor, or prison-keeper of the county of Bedford, who, upon delivery of such prisoners to him or them at the common jail in said county of Fulton, shall safely keep him, her, or them, until they be discharged by due course of law, and shall also be answerable in like manner, and liable to the like pains and penalties, as if the persons so delivered were liable to confinement in the common jail of Bedford county, and the parties aggrieved shall be entitled to the same remedies against them, or any of them, as if such prisoner had been committed to his of their custody by virtue of legal process issued by the proper authority of the said county of Bedford: Provided always, That the sheriff of Fulton county be allowed out of the county stock of said county ten cents per mile, as full compensation for every person charged with a criminal offence, which he may deliver to the jail of Bedford by virtue of this act, by orders drawn by the commissioners of Fulton county on the treasury thereof.

Section 14. That the sheriff, jailor, or prison-keeper, of the county of Bedford shall receive all prisoners as aforesaid, and shall provide for them according to law, and shall be entitled to the fees for keeping them, and also for such allowance as is by law directed for the maintenance of prisoners in similar cases, which allowance shall be defrayed and paid by the commissioners of the county of Fulton out of the county stock.

Section 15. That the thirteenth and fourteenth sections of this act shall be and continue in force until the commissioners of Fulton county shall have certified to the court that a jail is erected and ready for the reception of prisoners, and approved of by the court and grand jury, who shall enter approbation signed by them on the records of said county, and from thenceforth it shall be lawful for the sheriff of Fulton county to receive all and every person or persons who may be then confined in the county jail of Bedford county, in pursuance of this act, and convey them to the jail of Fulton county, and to keep them in close custody until they be discharged by due course of law.

Section 16. That Patrick Donahoe, David Mann, junior, and Andrew J. Fore, be, and they are hereby appointed commissioners to do and perform the duties hereinafter prescribed, to wit: They shall after taking and subscribing an oath or affirmation respectively before a justice of the peace to perform the duties enjoined on them by this act with impartiality and fidelity, run and distinctly mark the boundary lines of the county of Fulton, make report of their proceedings with accurate drafts of said county lines, noting thereon the courses and distances as they occur, with such other matters as may serve for explanation, one copy whereof shall be deposited with the prothonotary of the Court of Common Pleas of Fulton county, and one copy in the office of the Secretary of the Commonwealth, on or before the first day of August next: Provided, That if either of the said commissioners shall fail to attend at the same time and place which may be agreed upon by said commissioners, to enter upon the duties of their appointment, it shall be lawful for the commissioner or commissioners in attendance to fill such vacancy or vacancies by appointment: Provided further, That the commissioners so appointed, shall be fore entering on the duties of his or their appointment, take and subscribe an oath or affirmation as is prescribed in this section.

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 17. The said commissioners shall each receive a per diem allowance of two dollars for every day necessarily spent by them respectively in performing the duties enjoined in this act, and for the purpose of enabling said commissioners to fulfil the said duties, they are hereby authorized to employ two chain-carriers and one axe-man at a per diem of one dollar and fifty cents each, which together with the pay of said commissioners shall be paid out of the funds of Fulton county, by warrants drawn by the commissioners of said county on the treasurer thereof.

Section 18. That the sheriff of the county of Bedford shall give notice of the election to be held on the second Tuesday of October next, for the election of county officers for the county of Fulton, in the same manner as is directed by the thirteenth section of the act of the second of July, on thousand eight hundred and thirty-nine, entitled "An Act relating to elections of this Commonwealth."

Section 19. It shall be the duty of the commissioners of Bedford county, to designate on the list of taxables which they are required by law to furnish to the election officers, the names of the taxables within Fulton county, and within the township which was divided by the formation of Fulton county, and the necessary expenses thereof shall be paid out of the funds of Fulton county, on warrants drawn by the commissioners of Bedford county on the treasurer of Fulton county.

Section 20. It shall be the duty of the Governor of this Commonwealth, at some time during the month of July next, to appoint and commission some competent person to fill the offices of prothonotary, clerk of the several courts, register of wills, and recorder of deeds for said county, who shall be a citizen thereof, and who shall take and subscribe the oath of office, and give bond with security to do and perform the duties, and be subject to the same penalties, and be entitled to receive the same fees, as similar officers are under existing laws, and shall keep his office in the vicinity of the spot selected by the commissioners named in the sixteenth section of this act for the seat of justice, and shall continue in office until the first Monday in November, one thousand eight hundred and fifty, or until this successor is duly qualified.

Section 21. It shall be the duty of the commissioners first elected in the county of Fulton, to proceed to the erection of county buildings as soon as they or a majority of them shall deem expedient, and said building shall be erected upon the lot or lots of ground which may have been selected by the commissioners named in the sixteenth section of this act, or a majority of them, in the said county of Fulton, and they shall also assess, levy, and collect a sufficient sum to defray the expense of erecting such buildings, and for other public or county purposes over and above the eight thousand dollars mentioned in the twenty-sixth section of this act.

Section 22. Fulton County

The qualified electors of the County of Fulton shall elect one person to fill the offices of prothonotary, clerk of the courts of Oyer and Terminer, General Quarter Sessions and Orphans' Court, register of wills and recorder of deeds. 1850, April 19, P.L. (1851) 805, Sec. 22.

Section 23. All special laws now in force in the county of Bedford which extend or apply to the territory of the county of Fulton, shall be and remain in full force and virtue in said county of Fulton, and all persons holding office in the county of Bedford, who may reside within the limits of the county of Fulton, shall continue in office as if this act had not been passed.

Section 24. (24 repealed Apr. 28, 1978, P.L.202, No.53)0

Section 25. In addition to the duties imposed by the sixteenth and seventeenth sections of this act upon the commissioners named therein, they are hereby authorized to receive subscriptions of money and materials towards defraying the expenses of purchasing lots and erecting the public buildings of the county, and also to locate the seat of justice of said county: Provided however, That they shall be required to locate it at the place which will pay or secure to be paid the most money towards the erection of the public buildings of said county.

Section 26. The citizens of the said county of Fulton shall before the first day of September, on thousand eight hundred and fifty, raise by voluntary subscription at least eight thousand dollars toward the purchase of lots, the erection of public buildings, and the payment of the tax required by the State upon this act, and shall give security for the faithful payment thereof to the said county, in a judgment bond to be signed by three or more of their number, and approved by the commissioners appointed by the sixteenth section of this act, who shall cause said judgment bond to be filed of record. And said commissioners are further authorized and required to contract for the purchase of a lot or lots on which to erect the public buildings, which shall afterwards be conveyed to the county commissioners who may be elected in October, one thousand eight hundred and fifty, and to their successors in office for the use of the said county of Fulton.

Section 27. If the conditions mentioned in the preceding section be not complied with then this act shall be null and void.

Section 28. The qualified voters residing within the limits of the proposed new county of Fulton, shall meet at their usual place of holding elections in the several districts of said county, on the second Tuesday of June, 1850, and vote for or against the erection of said county as follows: Those who are in favor of the erection of said county shall deposit written or printed tickets labelled "New County," and containing on the inside thereof the words "For Fulton County," and those who are opposed to the erection of said county shall deposit tickets labelled as aforesaid, and containing on the inside thereof the words "Against Fulton County:" The said election shall be held by the judges and inspectors in the several districts of said county, who were elected on the third Friday of March, one thousand eight hundred and fifty, and who are appointed by this act, who shall be severally sworn to perform their duties with fidelity. Notice of said election shall be given by the constables of the several election districts in said county, by at least six written or printed handbills, to be put in the most conspicuous places in each of the said election districts, at least twenty days before the said second Tuesday of June, one thousand eight hundred and fifty. The judges of the several election districts shall meet in the town of McConnellsburg, in said county, on the Friday after said election, and shall carefully add up the returns and make out a copy thereof to be forwarded to the Secretary of the Commonwealth. The officers holding said elections shall receive the usual fees for holding elections, to be paid out of the treasury of Fulton county, if erected, and if not erected then out of the treasury of Bedford county. In case of a majority of the votes polled at said election shall be in favor of the county of Fulton, then this act shall be and remain in full force and virtue, otherwise to be null and void.