The General Assembly of North Carolina do enact:
SECTION 1. That a county by the name of Lee be and the same is hereby created and established out of and embracing the following-described territory, viz.: Beginning at a point in the middle of Deep River opposite the mouth of Big Governor's Creek, thence up Big Governor's and Little Governor's creeks to the Gulf and Graham Plank Road; thence as the Gulf and Graham Plank Road to its intersection with the Carthage and Fayetteville Plank Road; thence as the Carthage and Fayetteville Plank Road to the Harnett County line: thence as the Harnett County line direct to the present corner of Moore and Chatham counties on the eastern bank of the Cape Fear River; thence as the Chatham County line to the middle of Cape Fear; thence up the middle of the Cape Fear and Deep River to the beginning.
SEC. 2. That the said county of Lee shall be and is hereby invested with all the rights, powers and privileges of the several counties of the State under general laws regulating the same, and shall be subject to such laws as now exist or shall hereafter be enacted for the government of counties.
SEC. 3. That T. M. Cross and J. J. Edwards of the said county
of Lee be and they are hereby appointed Commissioners on the
part of Lee County, and they or either of them shall meet a Comimissioner
or Commissioners who shall be appointed by the Board of Commissioners
of the counties of Moore and Chatham, during the year one thousand
nine hundred and eight, and the said Comimissioners herein provided
for shall proceed to select a competent surveyor, and being sworn,
they shall survey and mark the line between said counties of
Moore and Lee, and Chatham and Lee, as designated in this Act,
and shall make a report of the same,
SEC. 4. That the Sheriffs and other county officers of the counties of Moore and Chatham shall continue to exercise the functions of their respective offices, in the detached portion of their respective counties, until the officers of the county of Lee shall have been qualified as provided for in this Act. All township officers of said portions herewith detached from Moore and Chatham counties shall continue and be officers in the county of Lee as freely and fully, and with the like duties, powers and requirements of said offices as in other counties, and for such terms as they may hold in and for the counties nf Chatham and Moore: Provided, that all such officers shall. within the month of April. A. D. one thousand nine hundred and eight file with the Clerk of the Superior Court of Lee County, or the Board of Commissioners of said county, as required originally of said county of Lee, a proper certificate of original, qualifying: and provided further, that each of said officers shall take, before the officers with whom the said certificates be filed, the oath of office required generally for said officers.
SEC. 5. That on or before the fifteenth day of March, one thous and nine hundred and eight, the Governor of the State shall apppoint the following officers for the county of Lee, namely: a Board of County Commisssioners consisting of five members; a Clerk of the Superior Court, a Sheriff, Register of Deeds, Treasurer, Coroner and County Surveyor who shall, until their successors are elected and qualified, exercise the powers and duties incident to their respective offices as completely and fully as if they have been regularly elected thereto; which said officers shall qualify and enter into the discharge of their said offices on the first Monday in April, one thousand nine hundred and eight.
SEC. 6. That the several courts of the State shall have jurisdiction over and in the said c;ninty of Lee, as such county, on and after the first Monday in April, A. D. one thousand nine hundred and eight, to the same extent and in the same manner as the said courts have in and over the several counties in the State, and that on and after the first Monday in April, A. D. one thousand nine hundred and eight, the said courts shall have jurisdiction of all matters in the county of Lee as the said courts would have over the same matters and things, without the formation of the said new county. And it shall be no defense by pleading or otherwise, as the jurisdiction of said courts over causes of action arising or that have arisen within the territory embraced in said Lee County boundaries, brought into the courts of said county of Lee, that the said cause of action arose before the formation of the said county of Lee: Provided, that this shall in no way affect the statutes of limitations governing said causes generally.
SEC. 7. That the Superior Courts of the county of Lee shall sit at such place as shall be provided by the Board of Commissioners of said county, and the several officers shall be required to keep their offices at such places as shall be designated by the Board of Commissioners until the court house can be erected for said county.
SEC. 8. That all criminal and civil cases pending in the Superior Courts of Moore and Chatham counties, or in any other county courts held in said counties of Moore and Chatham, wherein the said parties plaintiff and defendant or where the party defendant resides in said county of Lee, or where the criminal offense charged was committed in said county of Lee, shall upon motion of the defendants in criminal causes therein pending, or upon motion of either party to civil causes, be transferred to the Superior or other proper court of Lee County. Such motion for removal shall be made at the first term of the Court wherein a cause shall be pending, which shall sit or be holden after the first Monday in April, A. D. one thousand nine hundred and eight, and such transfer shall in no way work any preference or prejudice. It shall be the duty of the Clerk of the Superior Court of Moore and Chatham counties to transmit the original papers in all such causes removed, together with a proper record of all such causes removed, to the Clerk of the Superior Court of Lee County.
SEC. 9. That if this session of the General Assembly shall
make no provision for the holding of Superior Courts in the said
county of Lee, it shall be the duty of the Board of Commissioners
of said county to apply to the Governor of the State for a term
to be holden as often as one each spring and one each fall, and
it shall be the duty of the Governor to order such terms to be
held at such times as he shall be able to assign a Judge to hold
the same, preferably when the Judge riding the district embracing
said county shall be able to hold the same. And it shall be the
duty of the Judge to hold said Court, if he be not otherwise
engaged, as fully as if said Court were regularly provided for,
as one of the regular courts of said district; but if said Judge
be unable for any cause to hold said Court, whenever it may be
ordered, then it shall be the duty of the Governor to assign
some other Judge to hold the same, who shall receive the usual
compensation for the holding of extra terms of Court. And it
shall be the duty of
SEC. 10. That the court house of the said county of Lee shall be located on Lee Avenue, between Fifteenth Street ad Sixteenth Street, as nearly as practicable midway between the Union Passenger Station in the town of Sanford and the Atlantic Coast Line Railway Station in the town of Jonesboro.
SEC. 11. That the said county of Lee shall vote with Moore County until the next general apportionment of representatives for a representative in the House of Representatives of General Assembly: and the said county of Lee shall be a part and parcel of the Senatorial, Congressional and Judicial districts of which Moore County is now a part and parcel.
SEC. 12. That all real estate that may be bought by the Commissioners of said county of Lee for the purpose of this Act shall be conveyed to the Board of Commissioners of the County of Lee for the use of said county.
SEC. 13. That the county of Lee shall bear its proportionate part of the debt of Moore County and Chatham County, both bonded and floating, outstanding on the first Monday in April, A. D. one thousand nine hundred and seven, and the proper levying officers shall proceed, according to law, to levy taxes to pay the same as it becomes due, and the tax collector of said county shall collect the said taxes so levied.
SEC. 14. That the Boards of Commissioners of the counties
of Moore and Chatham, at their April meeting, one thousand nine
hundred and eight, shall each appoint two freeholders of their
respective counties as arbitrators, and the Board of Commissioners
of the said county of Lee shall appoint a like number at their
first meeting, and said arbitrators for the county of Lee and
the county of Moore, herein provided for, shall meet in the town
of Carthage, on Monday next after their appointment, and from
time to time thereafter until their work has been completed;
SEC. 15. On the first Tuesday after the first Monday in July,
one thousand nine hundred and seven, there shall be held within
the territory of the said county of Lee an election upon the
question of the establishment or non-establishment of said county.
At said electtion every qualified voter residing therein shall
have the right to vote a, written or printed ballot, or a ballot
partly written and partly printed, with the words "For the
SEC. 16. Within twenty days after the ratification of this
Act the chairman of the State Board of Elections shall assemble
said board in Raleigh, and shall appoint a Board of Elections
for Lee County. The members of the said board, within ten days
after their appointment, or nearer, if practicable, shall meet
in the town of Sanford, N. C. and qualify by taking the oaths
of office, as required by law, and shall enter upon the discharge
of their duties. This oath may he taken before any Judge of the
Superior Court, any magistrate, or any notary public, and their
oaths, and a record of their qualifications, shall be sent, by
the officer taking the same, to the Governor. The said Board
of Elections shall at once divide the territory embraced within
the limits of the county of Lee into convenient voting precincts,
following as near as practicable the precinct divisions as now
established: but the said board shall have power to rearrange,
vary or add to said precincts whenever in their opinion the same
may be advisable. Immediately after the establishment of said
precincts the said board shall publish the same for four weeks
in some newspaper published in said county, and said publication
shall be completed at least sixty days prior to the date of said
election. The said board shall also, not less than sixty days
before said election, appoint a registrar and two judges of election
for each precinct; wherever possible or practicable to do so,
the board shall appoint one of the judges favorable to and the
other opposed to the establishment of the county. After the elections
the registrar and
SEC. 17. That the Board of Elections of said county shall have full authority and power to prescribe the size and style of the ballots to be cast at such election, and to take such action as may be necessary to fully provide for the election to be held in accordance with this Act.
SEC. 18. This Act shall be in force from and after its ratification.
In the General Assembly read three times, and ratified this the 6th day of March. A. D. 1907.
EDWARD J. JUSTICE, S.H.R.
State of North Carolina: