South Carolina - Legislative Acts Creating Counties / Districts

An Act to Establish Lee County.

No. 651 - February 25, 1902

Acts and Joint Resolutions of the General Assembly of South Carolina 1902, Pages 1194-1201

Whereas at an election held in accordance with law the qualified voters residing in certain portions of Kershaw, Darlington and Sumter Counties, as hereinafter described, decided by legal votes cast in favor of the formation of a new County, and all the other conditions required by the Constitution and laws of this State for the formation of new Counties having been complied with; therefore

SECTION 1. Be it enacted by the General. Assembly of the State of South Carolina: That a new judicial and election County to be known as Lee County, is hereby formed with the following boundaries, to wit: and to contain 410-1/2 square miles: Beginning at Field's Bridge on Lynches River, and running down said river a distance of 13 miles, leaving said river back of Irby Truluck's plantation and crossing Lynchburg and Lake City road between Bob Welch and Dr. Miller's places a course south 28 degrees west 3-1/4 miles striking new road thence south 80 west, 2-3/4 miles to the Pudding Swamp Road at T. L. Kirkpatrick's. Thence south 65 degrees west crossing Raccoon Road at Sam Wilson's 5-3/4 miles to Scottsville. Thence from Scottsville south 76-1/3 west 3/4 miles to Black River. Thence up Black River, in Sumter County, 3-3/4 miles to Witherspoon Crossing. Thence south 80 degrees west to Scape O'er Swamp. Thence up said swamp 2-5/8 miles to the C. S. &. N. R. R. crossing. Thence north 80 west 3-38/100 miles to Cow Pen Crossing. Thence north 62 west 11-81/100 miles to a point in Bradley's field near the Kershaw County line. Thence due north 1-87/100 miles to Kershaw County line. Thence down said line 2-62/100 of a mile to Reynold's mill. Thence following the three notch road in Kershaw County a distance of three miles to Antioch School House. Thence north 50 east 1-1/4 miles. Thence due north 1-3/4 miles to the Camden Road. Thence following said road a distance of 4-3/4 miles to Harrison Hall mill. Thence an eastern direction 1-87/100 miles to the old Georgetown Road. Thence up said road to near the head of Turkey Creek. Thence a north line to the Camden Road leading from Kelley's Bridge on Lynches River to Camden. Thence down said road to the Holland ditch. Thence up said ditch 3/4 of a mile to a corner of plantation of Edmond Tiller. Thence north 63 degrees east crossing the Mecklenburg Road near the house Whitfield Gardner's to Lynches River, south of the Dr. Norwood place 3-37/100 of a mile. Thence down said river a distance of 3 miles near Kelley's Bridge 1/4 of a mile south of said bridge. Thence north 42 degrees east a distance of 3 miles to Ashland Methodist Church. Thence north 22 degrees east crossing the Chesterfield road between J. E. Woodham and J. W. Gardner 2-62/100 of a mile to Stuckey's gate on the Old Stage Road. Thence down said road 3/4 of a mile. Thence due south 2-62/100 of a mile to Liberty Hill Church, at the head of Sparrow Swamp. Thence down Sparrow Swamp to a point in the Marco Mill Pond near B. A. Howls. Thence in Cypress Township south 28 degrees east 1-1/2 miles to Long Branch. Thence up said branch 1/4 of a mile; thence south 28 degrees east 1-1/8 miles to Screeches Branch; thence due south 3 miles, to the Lamar Township line; thence following said line to the heginning corner; and the County Seat is hereby established at Bishopville.

SEC. 2. That W. A. James, J. E. McCutchen, W. R. Shaw, Edwin Wilson, W. M. Kelly, A. E. Skinner, A. M. Lee, A. Johnson and John F. Matthews, are hereby appointed Commissioners of said County of Lee, and they and their successors in office are heresy authorized to have the boundaries of said new County marked as now surveyed, and to provide a court house and jail, by the erection of suitable buildings at the County Seat, and to receive and accept in the name and for the new County of Lee any bonds, money, land or other gifts donated or hereafter given to have erected the said public buildings: Provided, That when the County Supervisor for said County is elected and qualified and County Commissioners are appointed and qualified, or such County officers as shall then be clothed by law with the authority now exercised by said Supervisors and Commissioners or a Board of Commissioners, the above named Commissioners shall then turn over to the County Board of Commissioners or such officers as are then exercising their authority all the public buildings, if then completed, and also all bonds, obligations, lands or money in their hands and belonging to the said County of Lee, and then their powers and duties shall cease, and the County Board of Commissioners or such other officers as shall succeed to all the rights and powers of said Commissioners.

SEC. 3. That at the time of the general election in the year 1902, there shall be a general election in Lee County, and to that end the Governor shall appoint Commissioners of Election for Lee County; at the proper time, at the said general election there shall be elected a Senator, who shall hold office for the period of four years, two Representatives, a Sheriff, a Clerk of Court, a Probate Judge, a County Superintendent of Education, a County Supervisor and a Coroner, and such other County officers as are provided by law for the full terms where such officer holds for two years by law, and for (2) two years where such officer holds for four years by law; so that the election for Lee County shall be uniform hereafter with the other Counties. That appointments shall be made of all appointive officers as soon as the exigencies of the proper County government of the County of Lee requires such appointment, and the appointment in each case shall be for such time or term as may make such appointment coterminal with such appointments in the adjoining Counties.

SEC. 4. That until the next apportionment of Representatives, the said County of Lee shall be entitled to one Senator and two Representatives, who are to be elected as hereinbefore provided; and the County of Sumter to one Senator and three Representatives.

SEC. 5. An election shall be held in Lee County on Tuesday following the first Monday in November, 1902, or on such other day as may be provided by law for a Senator, for two Representatives and for all County officers provided for by the Constitution and the laws of this State.

SEC. 6. That the County of Lee is hereby attached to the Seventh Congressional District and shall form a part and parcel of the Third Judicial Circuit, and the regular terms of the Court of Common Pleas and General Sessions for said County shall be held at such times as shall be fixed by law, and the Magistrates located in and appointed for those portions of Kershaw, Darlington and Sumter Counties, embraced within the limits of Lee County, shall be continued in office until their successors shall have been appointed and qualified as hereinafter provided, but after this Act goes into effect, they shall be confined to their jurisdiction, powers and duties in the limits of Lee County.

SEC. 7. The following named townships shall be townships of Lee County: So much of the Townships of Shiloh, Mayesville and Lynchburg as to form a part of Lee County lying east of Black River, and that part of Mt. Clio Township lying south of a line beginning at the English crossing, on Black River, running to the Old Josiah Luckey House, to the house of L. B. Scarborough, on the public road leading from Bishopville to Elliotts, thence to the road leading to the house of est. of ]. E. Muldrow in a straight line to Lynches River, shall constitute Lynchburg Township. So much of the Townships of Lynchburg and Mayesville as form a part of Lee County lying west of Black River, and so much of Mt. Clio Township as west of Black River and east of Scape O'er Swamp extending north to a straight line beginning at the English crossing. on Black River, to the Outlaw crossing on Scape O'er Swamp, shall constitute St. Charles Township. So much of that part of Swimming Pens Township as form a part of Lee County and that part of Carters Crossing Township lying south of Beaver Dam Swamp shall constitute Mechanicsville Township. So much of Providence and Rafting Creek Township as is to form a part of Lee County, and all that part of Spring Hill Township lying west and south of Beaver Dam Swamp, shall constitute Spring Hill Township. So much of Buffalo Township now in Kershaw County, lying west of Scape O'er Swamp, and all of that part of Carter's Crossing Township now in Sumter County, lying north of Beaver Dam Swamp and west of Scape O'er Swamp, shall constitute Ionia Township. So much of that part of DeKalb Township, now in Kershaw County, as is to form a part of Lee County, lying east of Scape O'er Swamp and west of Lynches River and that part of Bishopville Township now in Sumter County, lying north of the public road leading from Stoke's Bridge, on Lynches River, to Harrison Hall Mill, shall constitute Turkey Creek Township. So much of Bishopville Township lying south of the public road leading from Stoke's Bridge to Harrison Hall Mill, and that part of Carter's Crossing and Mt. Clio Township lying east of Scape O'er Swamp extending south to a straight line from the Outlaw Crossing on Scape O'er Swamp to the English Crossing, on Black River. Thence to the Lucky House. Thence to the L. B. Scarborough house, on the public road, leading from Bishopville to Elliott's. Thence up the road in front of the J. E. Muldrow home to Lynches River, shall constitute Bishopville Township. So much of the Stoke's Bridge Township now in Darlington County, and so much of the Townships Lydia and Hartsville Township as form a part of Lee County, and lying north of the public road leading from Bishopville to Darlington C. H., shall constitute Stoke's Bridge Township, and all of that part of Darlington County as form a part of Lee County lying to the south of the public road leading from Bishopville to Darlington Court House, shall constitute Cypress Township. The voting precincts of these townships shall be as follows: Of Bishopville Township, at Bishopville; of Lynchburg Township, at Magnolia; of St. Charles Township, at St. Charles; of Mechanicsville Township, at Mechanicsville; of Spring Hill Township, at Smithville; of Ionia Township, one voting precinct at Ionia School House, and one at McCaskill School House; of Turkey Creek Township, at Lucknow; of Stoke's Bridge Township, at Stoke's Bridge; and of Cypress Township, at Cypress. The townships herein created shall be the registration precincts of Lee County.

SEC. 8 The Sheriff, Clerk of Court of General Sessions and Common Pleas, Probate Judge and Coroner, shall receive the fees now allowed such office by law; and the salary of the County Supervisor shall be four hundred dollars; the salary of the Auditor, four hundred dollars, and two hundred dollars for expenses from the County as provided by law; the Treasurer shall receive the commission allowed by law, not to exceed seven hundred dollars; and the salary of the County Superintendent of Education shall be five hundred dollars.

SEC. 9. There shall be five Magistrates in the County of Lee, to be appointed according to law, who shall receive the following salaries: The Magistrate whose jurisdiction shall be Bishopville and Turkey Creek Township, and who shall hold his office at Bishopville, shall be two hundred dollars. The Magistrate for Lynchburg Township, whose jurisdiction shall be Lynchburg Township, one hundred and twenty-five dollars. The Magistrate, whose jurisdiction shall be St. Charles and Mechanicsville Township, one hundred and twenty-five dollars. The Magistrate, whose jurisdiction shall be Ionia and Spring Hill Townships, one hundred and twenty-five dollars. And the Magistrate, whose jurisdiction shall be Stoke's Bridge and Cypress Townships, shall be one hundred and twenty-five dollars. Each Magistrate shall appoint a Constable, who shall receive the same salary as the Magistrate.

SEC. 10. The Court of General Sessions and Common Pleas for said County, shall be held as may hereafter be prescribed by law.

SEC. 11. All suits pending in the Counties of Kershaw, Darlington and Sumter in which the defendants reside in the portion of said Counties now established as the County of Lee, and all indictments now pending in the aforesaid Counties in which the offences were committed in the portion of said Counties now established as Lee County, shall be transferred to the calendars of the Courts of the County of Lee; and all records, commissions and other papers belonging to any of said suits or indictments, together with all the legal incidents thereto appertaining, shall be transferred to the County of Lee within ten days after notice and demand therefor by the Clerk of the Court for Lee County upon the Clerks of the Courts for Kershaw, Darlington and Sumter Counties, respectively.

SEC. 12. The Governor is hereby authorized and empowered to appoint a Commission of nine persons, two of whom shall be residents of each of the Counties of Kershaw, Darlington and Sumter, two of the County of Lee, and one a resident of some other County, which said Commission shall divide and apportion between said four Counties the present lawful and bona fide indebtedness of the old Counties of Kershaw, Darlington and Sumter, so that the County of Lee shall bear its just apportionment of the whole indebtedness of the old Counties from which it has been formed, and also any charges or claims which said Counties may have against the County of Lee, for such transaction as may occur between the date of the passage of this Bill and the next general election having regard to the amount of unpaid taxes due to the said Counties of Kershaw, Darlington and Sumter.

SEC. 13. The County Treasurers and County Auditors of the Counties of Kershaw, Darlington and Sumter, shall receive such compensation for the duties herein imposed as shall be agreed upon between the County Supervisor and County Commissioners of Lee County and themselves, and if no agreement can be reached, the compensation for said duties shall be settled by arbitration.

SEC. 14. The Clerks of the Courts, Judges of Probate, Sheriffs, Supervisors and the County Board of Commissioners, the County Superintendent of Education, Jury Commissioners. and the Court of Common Pleas and General Sessions, and all other County officials of the Counties of Kershaw, Darlington and Sumter, as they stood and were organized prior to the formation of the County of Lee, shall have full jurisdiction and power in and over the people of the territory within the limits of Lee County taken from their respective Counties until the officers shall have been appointed or elected as provided by law and qualified in and for the County of Lee, as provided for in this Act: Provided, The Auditors of Kershaw, Darlington and Sumter Counties shall make up a set of books and take tax returns separately for the County of Lee, and when the Auditor of the County of Lee is appointed and qualified shall turn over the books so kept separately to said Auditor of Lee County; and the Treasurers of the Counties of Kershaw, Darlington and Sumter, shall keep the taxes collected for Lee County separately until the Treasurer of Lee County is appointed and qualified, and then turn over to him all funds collected by them for Lee County.

SEC. 15. That upon the approval of this Act the Governor shall appoint three persons to act as Supervisors of Registration for the County of Lee. Said Supervisor shall proceed as now required by law, and in addition thereto shall have access to the registration books of the Counties of Kershaw, Darlington and Sumter, and shall therefrom copy the names of those persons registered and residing in Lee County.

SEC. 16. That the Governor shall appoint Commissioners of Elections for Lee County the same as appointments are now made for other Counties.

SEC. 17. That this Act shall be deemed a public Act, shall take effect immediately upon its approval, and all Acts and parts of Acts inconsistent herewith be, and the same are hereby, repealed.

Approved the 25th day of February, A. D. 1902.



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