North Carolina - Legislative Acts Creating Precincts / Counties

An Act to Establish and Provide for the Organizing of the County of Lee From the Territory of Chatham and Moore Counties, Provided the Said Proposition be Ratified by the Voters of Said Territory.

Chapter 624

Public Laws and Resolutions of the State of North Carolina Passed by the General Assembly in 1907 - Pages 897-903.

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,
under their hands and seals, or the hands and seals of any two of them, representing opposite sides, of said dividing line, to the Board of Commissioners of each of said counties, which report shall be spread upon the minutes of each of said boards as a part of their records. The said Commissioners shall furnish the said Board of Commissioners of each of said counties with a map of their survey. Said Commissioners to survey said line shall have power to employ such persons as may be necessary for making such survey, and said Commissioners and their helpers shall be allowed reasonable compensation for their services, to he allowed by the Board of Commissioners of the County of Lee: Provided. the Commissioner or Commissioners from the county of Moore and the county of Chatham shall he paid by the Board of Commissioners of their respective counties, and that said survey between
said counties, as aforesaid, shall he made in accordance with the Act creating the said county.

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
the Board of County Commissioners of the county of Lee to advertise the time of holding said Courts, for thirty days beforehand in some newspaper published in said county, or in some newspaper having circulation in said county: Provided, that advertising the time of holding the said Courts for twenty days shall be sufficient in law: but no judgment shall be entered by default in any civil case unless said term be the return term, and unless summons or other process have heen persoually served, citing the defendant or defendants to appear on a day certain, being the return day of said summous or process. All process, civil and criminal. shall be made returnable to said Court, and
when it shall be necessary to issue such process, or take any recognizance or bond for the appearance of any person at any of said courts, and if the time of holding same be not known by the person or officer taking or issuing the same, it shall be sufficient to make the same returnable to the next term of said Court, without specifying a day certain: Provided, that if the time for holding said Court be otherwise regulated by statute, this section shall be void.

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; and
after being sworn, said arbitrators shall ascertain the outstanding indebtedness of Moore County on said first Monday in April, A. D. one thousand nine hundred and seven, and upon the basis of the tax valuation of the county of Moore, and that portion of the county of .Moore embraced within the boundaries of Lee County, shall determine the amount proportional to each county of said indebtedness, based upon the tax valuation at the time such indebtedness was contracted, which indebtedness shall be paid in accordance with such findings. And the said arbitrators herein provided for Lee County and Chatham County shall meet in the town of Pittsboro, on the second Monday, next after their appointment, and from time to time thereafter until their work has been completed, and after being sworn, said arbitrators shall ascertain the outstanding indebtedness of Chatham County on the first Monday in April, A. D. one thousand nine hundred and seven, and upon the basis of the tax valuation of the county of Chatham and that portion of Chatham County embraced within the boundaries of Lee County, shall determine the amount proportionate to each county of said indebtedness, based upon the tax valuation at the time such indebtedness was contracted, which indebtedness shall be paid in accordance with such findings: Provided, the Board of Commissioners of either county may appeal to the Superior Court of either county as provided for appeals from Boards of County Commissioners. And it shall be heard as other causes, and may be removed to some other county upon motion, upon affidavit filed, if the presiding Judge shall deem it proper or expedient to remove the same. And the said arbitrators shall determine the proportionate part of the funds on hand on the first Monday of April, A. D. one thousand nine hundred and seven, or the funds due the said counties of Moore and Chatham at that time, which shall be awarded to each of said counties, and shall determine what taxes shall be due and collectible by each of said counties, and shall certify their findings to the Board of Commissioners of their respective counties, and their findings shall be binding [upon] such counties. And from any of said findings a like appeal may be had as herein provided. Said arbitrators shall be empowered to select an umpire who shall serve with them, after having been duly sworn. Said umpire to be selected from some county in North Carolina not affected by this Act; and said arbitrators and umpire shall be empowered to send for parties and papers, administer oaths, and punish for contempt, as provided for Boards of County Commissioners.

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 County" or
"Against the County," accordingly as his wishes may be. If the number of votes east at said election in favor of the county exceed those cast against the county, then this Act and every part thereof shall be effective according to the tenor and provisions of the same. But if the number of votes cast at said election against the county exceed those cast for the county, then this Act, and every part and parcel thereof, shall become null and void. The said election shall be held, as near as is practicable to do so, in the manner as prescribcd by law for the holding of elections for
members of the General Assembly, unless otherwise provided in this Act.

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
judges of election at each precinct shall elect some one member of their board to carry the returns and to be a member of the County Board of Canvassers. This board shall meet in Sanford on Thursday following the election. It shall receive all the returns of said election, canvass the same and certify the result to the Governor, and he shall forthwith issue his proclamation, announcing that the establishment of the proposed county of Lee has been ratified, or defeated, by the qualified voters thereof, as the case may be.

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.
FRANCIS D. WINSTON, P.S.

State of North Carolina:
Office of Secretary of State
Raleigh, June 29, 1907.
I, J. Bryan Grimes, Secretary of State of the State of North Carolina, hereby certify that the foregoing (manuscript) are true copies of the original acts and resolutions on file in this office.
J. BRYAN GRIMES,
Secretary of State. 



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