I. Whereas the large extent of the said Counties of Johnston, Cumberland, and Orange, renders it grievous and Burthensome to many of the Inhabitants thereof, to attend the Courts, General Musters, and other Public Meetings therein:

II. Be it Enacted by the Governor, Council, and Assembly, and by the Authority of the same, That from and after the Twelfth Day of March next, after the passing of this Act, the said Counties of Johnston, Cumberland, and Orange, be divided by the following Lines; that is to say; Beginning at Edgecomb Line on Mocossin Swamp, a Mile above James Lea's Plantation, running a direct Line to Neuse River, at the upper End of John Beddingfield's Plantation; then to David Mimm's Mill Creek, between Mimm's Mill and Tanner's old Mill; then the same course continued to the Ridge which divides Cumberland and Johnston Counties; then a straight Line to Orange Line, at the lower End of Richard Hill's Plantation, on Buckhorn; then the same Course continued Five Miles; then to the Corner of Johnston County on Granville Line; then with the same Line and Bute Line to Edgecomb Line; and along Edgecomb Line to the Beginning; be thenceforth erected into a Distinct County and Parish, by the name Wake County, and St. Margaret's Parish.

III. And for the due administration of Justice; Be it further Enacted by the Authority aforesaid, That after the aforesaid Twelfth Day of March, a Court for the aforesaid County of Johnston, be constantly held by the Justices thereof, at Captain John Smith's, upon the last Tuesdays in February, May, August, and November; and also, that a Court for the said County of Wake, be constantly held by the Justices thereof, at such Place as shall be laid off, and agreed upon, by the Commissioners herein after appointed for that Purpose or a Majority of them, on the First Tuesdays in March, June, September, and December, in every Year, as by the Laws of this Province is provided, and shall be, by Commission to the said Justices respectively, directed.

IV. And be it further Enacted, That nothing herein contained shall be construed to debar the Sheriffs of the Counties of Johnston, Cumberland, and Orange, as the same now stand undivided, to make Distress for any Levies, Fees, or other Dues, that shall be due from the Inhabitants of the said Counties, on the said Twelfth Day of March, in the same Manner as by Law, the said Sheriffs could or might have done if the said Counties had remained undivided; and the said Levies, Fees, and other Dues, shall be accounted for in the same Manner as if this Act had never been Made; any Thing herein contained to the contrary notwithstanding.

V. And be it further Enacted by the Authority aforesaid, That after the said Twelfth Day of March, the said County of Johnston shall be, continue, and remain Part of the District of the Superior Court of Justice held for the District of New Bern; and that the said County of Wake shall be, continue, and remain Part of the District of the Superior Court of Justice held for District of Hillsborough.

VI. And be it further Enacted, by the Authority aforesaid, That the Sheriff of the County of Wake for the Time Being, after the said Twelfth Day of March, shall account with and pay to the Public Treasurer of the Southern District of this Province for the Time Being, all Public Levies by him collected, or wherewith he shall stand chargeable, in the same Manner and under the like Pains and Penalties, as other Sheriffs in the said District.

VII. And be it further Enacted by the Authority aforesaid, That Joel Lane, Theophilus Hunter, Hardy Sanders, Joseph Lane, John Hinton, Thomas Hines, and Thomas Crawford, Esquires, or a Majority of them, be and are hereby appointed Commissioners, to agree upon, appoint and lay off, a proper and convenient Place, for erecting and Building a Court House, Prison, and Stocks, for the Use of the said County of Wake; and that Joel Lane, James Martin, and Theophilus Hunter, Esquires, or the Majority of them, or their Survivors, be and are hereby appointed Commissioners; and impowered and directed to agree and contract with Workmen, for erecting and Building a Court House, Prison, and Stocks, for the Use of the said County of Wake: And that Benjamin Williams, John Smith, Jun., and William Bryan, Esquires, or the Majority of them, or their Survivors, be, and are hereby appointed Commissioners, and impowered and directed to agree and contract with Workmen, for erecting and building a Court House, Prison, and Stocks, for the Use of the said County of Johnston.

VIII. And for reimbursing the Commissioners the Money they shall expend in erecting the said Buildings; Be it further Enacted, by the Authority aforesaid, That the Justices of the Inferior Courts of the said Counties of Johnston and Wake respectively, be, and are hereby impowered, directed and required, to lay such a Poll Tax on each Taxable Person in the said Counties respectively, as shall be sufficient to defray the Costs and Expences necessarily laid out and expended in erecting, building and compleating the same; and all Persons in either of the said Counties, who shall neglect to pay the said Tax till after the Tenth Day of March in each Year, shall thereafter be liable to the same Distress as for non-Payment of Public Taxes; and the Sheriff of each of the said Counties is hereby required and directed, on or before the Tenth Day of June, in the said Years respectively, to account for and pay the Money so by him to be collected to the Commissioners aforesaid, after deducting Eight per Cent for his Trouble in collecting the same; that is to say, so much thereof as shall be levied on the Taxable Persons in the County of Johnston, to the aforesaid Benjamin Williams, John Smith, and William Bryan, the Survivor or Survivors of them; and such Part of the same as shall be levied on the Taxable Persons in the County of Wake, to the aforesaid Joel Lane, James Martin, and Theophilus Hunter, the Survivor or Survivors of them; and in Case of Failure or Neglect therein by the Sheriff, he shall be liable to the same Penalties, Restrictions, Process, and Remedy, for enforceing the Payment thereof, as by law may be had against Sheriffs who neglect or refuse to account for and pay Public Taxes.

IX. And be it further Enacted, by the Authority aforesaid, That the Justices of Johnston County Court shall and may, and they are hereby Authorized, impowered and directed, to hear, try, and determine, all Causes which were pending in the said County Court of Johnston, and undetermined, on the said Twelfth Day of March, and to give Judgment and award Execution thereupon, in the same Manner, to all Intents and Purposes, as the Justices of Johnston County Court might or could have done if the said County had remained undivided; Any Law, Usage or Custom to the contrary notwithstanding.

X. And be it further Enacted, by the Authority aforesaid, That after the said Twelfth Day of March, it shall and may be lawful for the Justices of the Inferior Courts of the Counties of Johnston and Wake, to nominate and appoint the following Number of Freeholders, to serve as Grand and Petit Jurors, at the respective Districts aforesaid; that is to say, Johnston Four Jurors, and Wake Six Jurors; any Law Usage or Custom, to the contrary, notwithstanding: A List of which Jurors so nominated, shall be delivered by the Clerk of the respective Counties to the Sheriff, who shall, and is hereby required, to summons the Persons so nominated to serve as Jurymen at the Superior Court of the District; which Jurymen so nominated shall have and receive the same allowance, and shall be under the same Rules, Fines, and Restrictions, as other Jurymen are in the respective Counties of this Province.

XI. And whereas by the Laws now in Force, Ten Jurors are sent to the Superior Court of the District of New Bern for the County of Dobbs, and it being now thought unnecessary that the same Number be hereafter sent: Be it Enacted, by the Authority aforesaid, That from and after the passing of this Act, Six Jurors only be sent to the Superior Court of the District of New Bern for the said County; any Law, Usage, or Custom, to the contrary, notwithstanding.

XII. And be it further Enacted, by the Authority aforesaid, That the Vestry of the Parish of St. Stephen, in Johnston County, as the same now stands undivided and entire, shall from henceforth be, and is hereby dissolved and made void, to all Intents and Purposes. Provided nevertheless, That all Acts of the said Vestry, heretofore legally made and done, are hereby declared to be as good and Valid, as if this Act had never been made.

XIII. And be it further Enacted by the Authority aforesaid, That the Freeholders of the Parish of St. Margaret, in the County of Wake, shall, and they are hereby impowered, required, and directed, to meet at the Place to be appointed by the Commissioners, for appointing a proper and convenient Place for building a Court House, Prison, and Stocks, in the said County of Wake, on Easter Monday next after the passing of this Act, then and there to elect and Choose Twelve Freeholders of the said Parish to serve as Vestrymen for the said Parish of St. Margaret's: And the Freeholders of the Parish of St. Stephen, in the County of Johnston, shall, and they are hereby impowered, directed, and required, to meet at Captain John Smith's aforesaid, on Easter Monday next after the passing hereof, then and there to elect and choose Twelve Freeholders of the said Parish to serve as Vestrymen of the said Parish; which Elections shall be made by the Sheriff of Johnston County, as the same now stands undivided; under the like Rules and Restrictions, Pains and Penalties, as well in respect to the said Sheriff as the Freeholders of the said Parishes, as other Elections of Vestries in this Province are by Law appointed to be made: And the Freeholders so elected Vestrymen for the said Parishes respectively, after taking the Oaths by Law appointed for their Qualification, shall be, and they are hereby declared to be from thenceforth the Vestries of the said Parishes respectively; and are hereby required to exercise and use the same Powers and Authorities, as other Vestries in this Province may, can, or ought to exercise.

XIV. And be it further Enacted, by the Authority aforesaid, That Joel Lane, John Smith, Theophilus Hunter, Farquard Campbell, and Walter Gibson, or any Three of Them, be, and they are hereby appointed Commissioners, and impowered and required to run the said Dividing Line between the Counties aforesaid, agreeable to the Directions of this Act; which said Lines when run by the Commissioners aforesaid, or any Two of them, shall be by them entered on Record in the Court of each of the said Counties of Johnston and Wake, and shall thereafter be deemed and taken to be the Dividing Lines between the said Counties.

XV. And for defraying the Charges of running the said Line, Be it further Enacted by the Authority aforesaid, That the Inferior Courts of each of the said Counties of Johnston and Wake shall lay such a Poll Tax on the Inhabitants of their respective Counties (which shall be levied in the same Manner as other Public Taxes) as shall be sufficient to pay and satisfy their respective Commissioners for the Charge and Trouble in running the aforesaid Line.

XVI. Provided always, That nothing herein contained shall be construed, deemed, or taken, to alter or derogate from the Right and Royal Prerogative of his Majesty, his Heirs or Successors, of Granting Letters of Incorporation to the said County of Wake; of ordering, appointing, and directing, the Election of Members to represent the same in Assembly; in granting Markets and Fairs to be kept and held in the said County of Wake; but that the said Right and Prerogative, shall and may, at all Times hereafter, be exercised therein by his Majesty, his Heirs or Successors, in as full and ample Manner, to all Intents and Purposes whatsoever, as if this Act had never been Made.

Signed by,

WILLIAM TRYON, ESQ, Governor.
JAMES HASELL, President.
RICHARD CASWELL, Speaker.

Read three times and ratified in open Assembly, the 26th day of January, 1771.