Augusta chronicle and Georgia advertiser. (Augusta, Ga.) 1822-1831, December 11, 1830, Image 1

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I - • Thl rLUWtKI) toVu—-•« AVGUSTA OBKOHICLI AIVD GEORGIA .in 1 - 1 ■-■ i""" .in - - office \o. aor. bboib-st. Aucim, <. t. stnwiuv, December it. isao. voli.yii; is - w 10. PUBLISHED EVERY SATURDAY MOUSING, BY A. H. PEMBEHTO-V. TERMS. SEMrWEEKT-Y PAPKH. five »0{ L-MIS jnrr unnuin, payable in advance, 01 SIX DOLLARS uttlie “"wFFKCV P VPEn. THREE DOLLARS per aiimmi*, payable in advance, or FOt*U DOLLARS allhe C °No 5 will \*s tlisconUnucd (except al the choice of nuMinUcr,) uu«il nil nrmimse* arc p«»d. * inv F ItrfSiKUE\TS •n.-crf'M at 0 1 ' -’I emit* per m pin re, lor llie tif»* innerlion, and 143.1-4 rule for «u li auecceliag ItuterUon— tea,cl,, nt 04 1-4 ( 1 .,n-i p,*r .Kiil.ire |7>r rarli in-HTlirr —nnrt monthly (wlion put exctmlfti? 1111 is dipmrr) ul ©I tt*r rucu insertUNl None. liowfwr ginnll, I* dmlfwt lenstmin one «|imrc. Tlioef iuimiled to lie limited niii*l buy® till' number oi ineertlniH, eemi-wei kly or weekly, wi.lli-ii on them, or piey will lie uire rtf I *eiui-weekly (ill liirlnu, und ebar eeii aeconlillKly- , . . . , . „ Tlie milili-lier takes upon hlinoelr the risk of nil renin innren of money made to liim by Mull—the: person remit tine, Brut paying the poelnee, uml nl.miuinit from the t'osi mneler, n written or vnrl.nl nckuowleilseiueni of the moonni, und it* depoeile in bin oiliee, which shall lie given totiie oulilielier lii cane of miscarriage. LKTTIiIIS (onl»o»iiies») iml-l he postpaid, orthey will mil lie taken out ofUa- n®ee. Tl.e LVWS OF THJE UUIXEO BTATEB ».e publislieil in tills p»|iew T.i KMMturt, Aimimulroltrl, an.l Guardinnt. oil RanfLANDor NEGROES, hy Aduiinlstmlors, Kxwmton., nr Gii.-inlimie, are reqiiirnl, hy law, to lie held nil llie lii-'l Tuesday la till! motllli, tieUYeen tile hours ol leu ill l ie (iireiioon, ami three in the nft.-n.ooii, in the L’omi li.iii-e iifilie county iu which the property is siun.le.--No- Ui eoi iln.sesales must begiven In a public guzeue,SL\l \ a,,os nrt-v ion* to llie day of sale. N.itiee of the sale of prrsoual property, mu- lie given Inii’.r muuiier, FORTY day* previous to the layol sale. Notice to the delitor* mid creditors of an esuite, must he published fir FORTY day*. , Nolire that ll|i|llirtlllou will he made la I'm ( nnrt oldr ilinnrv Ihr leave lo si II LAND or NEGROES, must h» published fin* FOL K MONTHS. "'“’i.i'wi'STA* ti =— ~ — : —— WEDiVESDAV, DECEAIBEU 8, 18^0, “ Be just, and ft,ar nut." The River is now in good order for Steam boat navigation.—lt was still rising last even ing, and wo may expect a navigable River for some tiino. Tin* Superior Court of Richmond county, af tor a Term of three weeks, adjournod yesterday morning. VVe understand that the Court will moot at some special time, in the course ol this week lo attend to some unfinished business. Tuu Atlas. —This periodical which is pub lished iu the city of New-York once a week, stands deservedly popular. The quantity, the selection und excellent arrangement of the mat ter contained it, renders it one of the most val uable publications of the kind in the United Stitt .is', and ii is certainly the cheapest. For the teims, &.■- wo refer our readers to the adver tise, ui published iu another column. One of tlm Editors is at present in die city, which at .lords a good opportunity lo all those who may •foul .Imposed to obtain a useful and impartial news and miscellaneous paper. A subscription ]isl is left iu our News-Room for signatures. Mim.eugevii.le, Monday, Nov. 29,1830. Iu Senate, to day, Mr. Anderson moved to dispense with the order of tlio day, for tin pur pose of taking up the bill to survey and occupy the Cherokee territory ; and the yeas and nays being ailed for, tlio motion was rejected: yeas 111 nays il-I. The bill to amend an act, entitled mi act, mote effectually to quiet and protect the possession of personal property, and to pre vent the taking possession of the same by baud er vio'enco, was considered iu Committee of the whole, reported to the House, and reail the third time and passed. The bill to amend the liili section of the judiciary act of 1799, so far ti? relates lo tiro revival of suits at law, when Ihe same have been delayed by tlio death of Dither party, was rejected. And the bill boro the House, .o repeal the act passed last session, IVj, Hie relief of the Butchers ol Augusta, was passed hy a large majority, only three or four •uves beJijg ncai din the negative. 0 While the iahi menUonud bill was on its pas sage, Mr Rhodes of Richmond, rose and said, fltut as it referred particularly lo the interest of the county bo had the honor to represent, ho would trouble the Senate with a . w brief re marks upon it.—That the L gislamre had grant ed to the city of Augusta, a charter, containing certain powers of city government, and -A.it eo tar as they did not exceed its provisions, they Claimed to regulate their own iiiioujl affairs, in their ovvu way—that if any act ol the City Council was considered impolitic, or oppressive I j the citizens o; any portion of them, they couid fen; the evil, if evil it was, by petition to the Co mi il. . nd in tlio last resort, by turning out at a . toper time, the members who they believed oppj-., 1 Jim will of their constituents, and elect other! :n o ', ate 'l—that lire citizens wore more couvt - their own interests, and better capable of judging when they wore mis represented by :h r repros ntutives in Council, than lire Legislature could possibly be; and that, certainly, they bad the same power to correct them as the people generally had to correct the errors of their representatives in the Legislature. He thought sound policy and justice required, i that the Legislature should not interfere witlr the | »cts of the City Council, so long a-* they did not i transcend the provisions of the charter—sard the Senate must not suppose that the Butchers ot, Augusta were an uninfluential class si citizens, | disragarded and disrespected by the other class- . os, and likely, therefore, to be unjustly oppress- ) fid, and their opinions and wishes contemned und unheard—that they were a worthy, respec table, influential, and in some instances, wealthy and powerful body, much rospeoted, anil often advanced by the citizens generally, to rcspec table and elevated offices—that oneoflhem hud thr several years past, held a seat in this body , another had regularly, for many years, been a highly respected and influential member of the City Council, and many others frequently hold lespcetahle ud influential magisterial offices in •j 19 c ity—that, under those circumstances, the Senate would sec, that they were not a body of men whoso rights could be disregarded and their wishes unheard among their fellow citizens, and consequently not likely lo appeal to them or their representatives in council, in vain, in any just cause, lie hoped these considerations would have sufficient weight with gentlemen, to induce them to pass the bill now under dis . cession. In the House, nothing of interest was done at the evening session,"which convened merely lo attend the second readings of bill, TlieTtusi ncss of the morning I sent you by the mail which closed when the House adjourned. Tuesday, November 30. In the House, to day, Mr. Hudson of Putnam, moved lo re.consider tlio vote of yesterday on the substitute offered by Mr. Dougherty, to Mr. Haynes's bill for the survey and occupancy of the ChcYokec laud, and advocated the motion in a spe och of considerable length, i > opposition lo tl,o right and expediency ufiaking possession of the land, and in support of the provisions >f the substitute rejected, which is the hill reported hy Mr. Schley from the committee on the State of the Republic. Mr. Cleveland of Habersham, replied lo Mr. Hudson, in support of Mr, Haynes’s hill, deny ing the inexpediency and danger of its provi sions. Mr. Haynes suggested the consequences of tl.e arguments of the opposition—that they would be published, as well iu the Cherokee I’h nix as mother papers, and excite the Indians to still more determined opposition to the rights of Georgia, unless the bill for the survey und oc cupancy was passed, which alone would res train them, and would settle the question al once. He observed that the Legislature had already passed a bill lo lake possession of the Gold mines, which wore part of the territory, and that if wo have the right to occupy a part we have the same to occupy the whole—that nn armed force is necessary to protect the mines, and instead of sending soldiers to occupy the territory, lie would scud citizens, to populate it and protect their own rights—that the expense of protecting the mines hy an armed force would be exceedingly expensive, and inconvenient to the people, requiring large appropriatoins, nud drafts from tlio unlit iu—that gentlemen contend against occupying the land by citizens, and yet will occtrpy it by soldiers. Mr. Hudson withdrew his motion lo reconsid er, remarking that he reserved to himself the tight of opposing .Mr. Haynes’s hill when taken up in its regular course. After the reading of the journal of yesterday ; was concluded, Mr. Haynes’s Land lull was | taken up. The following is a copy of it, as reported front committee of the whole: a m hh lo bo {'Ulltieil an tut, to nuthoi'ize tiic vjrvi j n;rt4 il;: lilmtrrr ul'nH 4K*-- ln»»tl w ithin the limit, of Georgia, in the* oc cupancy ol’the Cherokee Ti the ol’ In diana, ami all ether miloeated hind* within the limits of miiti Estate, claimed ns Creek l.imd. See, 1. I’. it enacted !y tic Senate nml iluuee nj liijirescntulivi: us the Stale of Geor gia i" General .'Lsembly met, and it is hereby enacted hi/ the authority of the mime, That aii the territory within the limits ol’Cleorgaa, and now in’lhe occupancy of the Chero kee trihe of Indians; nnd nil other unlo ■ tied lands within llie limits of this State, laimed tib Creek land, shall form and !»- divided into four sections ns follows, to wit: all that part of said territory w huh lies east of a line, e mmen'Miigr on the line which divides North Carolina ami CJeorgria, thirty-six miles due west from the north west corner of the first district in (latum comity, running thence atilt to the Chattahoochee, shall form \hat shall he called section lir.-t. Ail hat curt which lies v\ cst ofthe line afore aid, and cast of n line, coniinencin'r twenty seven miles due west, from llie first named cot nor. running them e r-outli to the ( urroll lilt*', or to the boundary in- , n nliiiß the organized and unorg'iin zed parts ol this S-tule shall lorm the sc out] •» i-tion. All that pai tof said terri t ry w Inch lies west ofthe line last afore hd, & east cf a lino commencing Iwen .y-seven miles due west from the last mentioned corner, and running’ thence south until it strikes the Carroll line, shall ,e called the third section. All the re maining’ part of suid territory shttil form what shall he called section fourth. rse;-. 2. rind be it further enacted by the mi tno id In aforesaid, That each ofthe sections hereinjjelbrehiid out and described shall be divided into districts of nine miles square as near as practicable, llie dis trict lines running’ parallel to the lines di viding sections, and crossed by other htit s at right angles, and said districts so !..n! out, shall lie again subdivided by lines to lie run in like directions into square tract*, containing one hundred and sixty acre*, marked nd numbered a- t ding to the (dan hc-i elofor pursued, under tit-’ instructions of the Survey or-General. Sec. 3. rind he it further enacted, That ail fractional parts of surveys w Inch may he 1 created, containing one bandied and lif ! ty acres or upwards, shall be held and 1 deemed prizes, and all fractions under one hundred and fifty acres shall be re j served for public use. and be disposed of i as u future • -egisltiture may direct. ; See. 4. rial be it further eiuided, That I one hundred and one Surveyors shall be ippointed by joint ballot of this legisla ture. in one general ticket, and the per son having the highest number of votes, ?.hull be entitled to the first choice of dis tricts, ami in the same order agreeably t-- the numherofvotes each surveyor may eceivc—and in case of n tie between ; iaV two or more surveyors, their prefer ::ce in choice shall be decided by lot in rcsenec of the Surveyor General. 1 ■ See. 5. rind be it further enacted, That twelve per-ons shall be appointed by i oinl balmt of this Legislature, neither of i whom the, 11 be a District Surveyor, u> run f utd plainly mnrk the several district, re- I >*Tve, and sectional lines herein directed, t Vvhosc duly shall be apportioned by the , Purveyor General ns nearly equal ns practicable—And any person elected a 1 surveyor, who shall fail to perform the s ditties of his office as required by (he pro , visions of fills act, shall be considered ns - firleiting his bond, und himself and his securities be immediately liable therefor t —ami no ticket shall be counted unless it contains the names of twelve persons. See. fi. And be it further enacted. That Ike Surveyors respectively, shall give I bond in ibesumof ten thousand dollars, to (he Governor A: his successors in office, wilh such Security as ho, ora majority of the Justices of the Inferior Court ofthe • county in which such Surveyor mny rc ' side, shall approve, conditioned for the . faithful performance* of the duties re . -piired of them by this net, w hich bond s -ball be deposited in the Executive office, j i Sec. 7. rind be it further enacted, That it shall tie duty of the surveyors appointed ' in pursuance of this act. to make the sur * veys ofthe sections, reserves and dis ' tricls, to which they may he appointed, i in their ow n proper persons to mark, or reuse to he marked plainly and distinctly upon trees, if prac-iieable, otherwise on posts, all stations ami all lines which they may he required to run fur the pur ’ | pose of making the surveys of their re- I spcctive sections, reserves uml districts, f immediately upon being required so to 1 do by the f'Mifvevor General, to cause till ; j such lint s to be measured with alt possi . i Id, exactness, \< :(h a half chain contain ing thirty-tin < e feet, divided into fifty j coal links, which shall he adjusted by ’ the Surveyor General, according to the ■ I standard in I.r -.-fllre; to lake a* uecu ; raft ly as po— ibie the meanders of uli [ water rottrse.- which shall form natural boundaries to any ofthe surveys: to note I in field books to be kept by them respei lively, the names of the corner and sta lion trees, w Inch slmll be marked and i numbered under the direction ofthe Sur veyor General: also all rivers, creeks and other water courses which may be touched upon or crossed in running any . ofthe tines aforesaid, ti anseripts of which -aid field books after being compared ■ w ith the original* by the (Purveyor Geu -1 -Tid, and e> ft died und signed on every I . age, by tin-f*iirvey,or returning the same, I I snail be deposited m the bmrveyor-Gen i: erals oiliee, and become a record. And ; the district E-Uirveyors shall make a re | ’urn oftbeir surveys and works, \\itiiin ’•■tie hundred ami twenty days from the me the arc notified to enter upon the idr . I n., ■■ i their duties, containing u | in ■ • of t!i> a district in which shall he I eonve’ly r .e. entcd and numbered, nil . loti-amtfi 1 .aor. „f said district and wa llers therein i .-■■in-atcd as the Surveyor General may direct, and also return at the same time a detached plat of each lot and fraction which said district may con tain. certified and signed by such Sur veyor, wlu ll plat shall he filed among tb* i t-c-i j ,1- nt’thc Survrynr t Vstsvalß of lice, and from w hich copies shall he ta ken lo annex to grants. Ami said Sur veyors shall conform to siieh instructions as they may receive from lime totimefroin the Surveyor General during their con tinuance iu office, I'ruvideil, the same do not militate against this net. And the Surveyors appointed to lay out section, reserve, ami distuel lines, shall make re turn of their work to the Surveyor Gen era! within ninety days from the time they slmll be required to enter upon the duties oftiieir oiliee, of all such surveys as shr.ll bn! »■ been made by them. See. H. . Jndbe il further enacted. That (lie district sin vcyors to be appointed by this act, shall ret cite two dollars and fifty cents for every mile that shall be actually run or surveyed n« n full compensation lor I lie duties required of them hy this m-t; •out of which they slmll defray the whole ofthe expense incident to their of fice’*. And lus Excellency the Govern or is hereby authorised ami required to issue his warrant on the Treasury in fa vor of each of the aforesaid Surveyors, n, on his being called into service, to tlio amount of three hundred dollars, to ena ble him w ith the less delay to enter upon his duties: and the balance to which such Surveyor may be entitled, slmll be paid to him in like manner, upon his produc ing a certificate from the Surveyor Gen eral setting forth a performative of the work, nml llie amount due. Sec. 9. .indie it further enacted, That the surveyors who muy be appointed to run i sections and district linos, shall receive three dollars and fifty cents for eaeb mile they may run ami survey, as a full com pensation for (heir service, out of which they shall pay all incidental expenses— and the Governor is required to issue his warrant on the Treasury in favor of each of said Surveyors finrthesum ofthree hun dred dollars upon their being called into service,and in like manner to pay any balance which may Le due when the work is completed, and the Surveyor General shall certify the same. Sec. 10. And he it further enacted, That should there bo more districts than arc contemplated by this act, and Surveyors elected lor, or in ease the appointment of any Surveyor should become vacant by death, resignation or otherwise, his Ex cellency the Governor, is requested and authorized to fill said vacancy. And in ctise any Surveyor shall be found incc.’vi pelent, or fail lo exMnte llie duties requir ’ cd of liim by this act, his office shall be vacant, and his vacancy filled in like man ner. See. 11. rlitdbe.it furtmr enacted, That the Surveyors to be appointed iu pursu ance of this act. shall before they enter upon (heir duties, lake and subscribe the following oath. ‘‘l do solemnly swear (or alii itii) that I am twenty-one years of age, thot 1 will well and faithfully, to the best oftny skill A abilities discharge the duties which may be required of me as Surveyor iu the territory of which I am elected a Surveyor—so help me God,” —which oath the Surveyor General is required to administer The oath to be I’ administered to chainnicn by their re i spcctive Surveyors, shall he us folllows: " “I do solemnly swear (or as firm) that, to the best of my skill and l! judgement, I will measure till lines on • which I may be employed as chain car » rier, us accurately, and with ar. little de 8 viution IVotn the course pointed out by - the Surveyor as possible, and give a true s account ofthe same to the Surveyor, so • help mo God,” and similar oaths shall be i’ administered by the Surveyors to all uxc- I men nhd markers. Sec. I*3. And he it further enacted, That I the land to bo surveyed tinder the pro visions us this act, shall bo classed under . the following heads, viz:—First quali'y , river land—Second quality river land— I First quality oak and hickory up hind— -1 Second quality oak and hickory up land • —First quality pine land; and pine land. ■ And it shall be the duty of Surveyors - charged with (lie business of dividing the I districts into lots, to note upon the eepe • rule f Inf of each lot which he is required l to file hi the Surveyor General's office, 1 the quality of each lot according to the • foregoing classes. Sec. 13. rind he it further enacted , That , no ticket for district Surveyors shall he • counted unless it contains one hundred and one names. _ i Sec. 11. And he il further enacted, That . the following shall he the description and qualification of persons entitled to give in their names lor a draw or draws un , tier tills act, to wit; Every male white 1 person of eighteen years ol age and up wards, being a citizen of the U. States, and an inhabitant within the organized limits of this State live years immediately preceding the passage of this act, includ ing such as have been absent on lawful business, slmll be entitled to one draw.— Every male person of like description having a w ife, or legitimate male child ort’.ildrcn under eighteen years ofngo. or univmrried female child or children, resident us aforesaid, or who were born and have ever since resided in this Mate, -slmll have two draws. All widows with like residence shall be entitled to one ih aw; and wile and children in this State ■ of persons who have been absent from this f*tale three years, shall he on the i same footing as to draw s, as if the said I husband was dead, and the title to such - lots as said females or children may draw, be vested permanently in them as though , they were widows und orphans. All i'u - italics of orphans as aforesaid, I or who have resideed liitols fStnto from their birth under the age of eighteen i years, except such ns may be entitled in ' their own right lo n draw or draws, ■ whose father is dead, shall have one i draw. All families of orphans‘consisting of more than two shall have two draws; but if not exceeding two, then such or phan or orphans slmll be entitled to on;* 1 draw, to be given in, iu the county and district where the eldest ofsuid orj lams, iir where the guardian of the eldest re sides, and if such orphan or orphans should have no guardian, then by the mo ■ ther or next friend. All widows of like residence, whoso Imsbnnd.- were killed or died in Hie service oftbeir country, or on their return march, in the late wars with Great llrilaiaor the Indians, shall be entitled to a thaw, exclusive of that otherwise allowed to widows hy this art. All orphans whose father were killed or died in llie service of Iheircoun ! try, or on their return march, in the late wars against Great, Jtriliiiu or the In dians, shall he entitled to a draw, ext hi j sive of that othcrYviso allowed by tins I I act to orphans: and till and every tin I married female over the age of eighteen j years, w hose father w as killed or died ns 1 aforesaid, shall have one draw : Provided, ' that nothing herein contained shall be so j construed as to entitle any person or per- I sous to a draw or draws, in the present ! contemplated land lottery, who may have been fortunate drawers in any previous land lottery, except such persons as have drawn land as one of a family of orphans, and who have arrived at the age of eigh teen years; but such person shall be enti tled to one draw, and the remainder of such family of orphans slmll be entitled to one draw. And Provided, 'Hint all wi dows of revolutionary soldiers shall have one draw iu addition to those already contemplated by this act. And that all revolutionary soldiirs who wete not for tunate drawers as ievolutionary soldiers in any of the so nter land lotteries, fltall be entitled to two draws as revolutionary soldiers: Provided, That the citizens ol tin’s State who emtio under litis art ns above contemplated, und who volunteer ed oj were legally drafted in (lie lute war against Great llrilain or the Indians, and refused lo serve a four of duty either in person or by substitute, or wjioinay have deserted from tin service of this Si ale or of the U. State*, shall not he entitled to the provisions of this act, as above con templated, nor any ol’those w ho illegally avoided a draft, by removal or otherwise. And no person or persons, who have re moved from the organized limits ol this ■ Htate for the purpose of avoiding the laws of this (State, or have absconded for debt, shall in any Y\iso be henefitled by 1 tins act. And in ease land is drawn by . minors, the grunt sjiall issue accordingly I’ upon payment ofthe usual lees; and eve ry citizen of this State w ho served a tour ■ of duty under the nnthorit. of this Slate I or ofthe United States of two months, or i more in the militia of this Stale during the late war against the Hritish or Indians, *h:di be entitled to one extra draw, pro : vided they have not drawn land on ac count of said service in any fomer lottery; and provided that when such service has [ been rendered by substitute, the person ■ employing such substitute shall he enti • tied to the draw, and not the substitute; ■ & they shall take the following oath:—“l • do swear, or affirm, that I am a citizen of i tins State and that! served a tour of duly i in the militia of this State of two months ■ or more in the late war against the Urit ■ ish aV Indians in person or by substitute.” I Sec. 15. And be it further enacted, That ’ no person w bo, in person, or by agent, s dug gold, silver, or any oilier metal, since ■ llie first day ofJ tine last, iu the lands in the - possession of the Cherokee Indians, und : within the limits of Georgia, ehall bo en- j 1 died to a draw or draws under this—Amt i - no person, whe employed any white per t j sou, negro, mulatto, or Indian to dig gold, - in said Cherokee country, shall be entitled lon draw, under this act, who has cm ■ employed any white person, negro, mu t lotto, or Indian, ond did dig Gold as nfore > said, since the first day oi'Junc 1539. • Sec. 1(5. And he il further enacted, That no person or persons who arc residents on tiny part ofthe lands contemplated to I lie disposed of by this act, shall bo enti tled lo a draw or draws under any of its ' 1 provisions. | b’cc. 17. AM he it further enacted, That i any sale or transfer (hat any person en- I titled lo a chance or chances in this land lottery, mny make of such chance or chunces, or make of any lot or lots of land, such person may draw, before the grant or grants ofthe same are taken out, shall he void, and any bond, or obli gation, or letter of attorney given by said person to make titles, shall not he bind ingonsueti persons— And further, It shall be illegal for any magistrate or other person, authorised to administer an oath, to administer nn oath to any person sel ling his chance or chances, lot or lots, contrary to the provisions of this section, that lie will make titles to (hesame. Sec. IS. And he it further enacted, That nothing herein contained, shall he so construed ns lo allow any convict in the Pcnetentiary to give, in for n draw or draws in the present contemplated land lottery: Provided nevertheless , that the child or children, who have resided in this Slate three years, of any of said con victs,shall be entitled londrawor draws, in flic same manner they would be enti tled if they were orphans, and may be given in for hy their mother or other per son, under whose core they may he, and the grant or grants shell issue according ly to any land so drawn; Provided, That no each convict has draw n in any of (lie former land lotteries of this (State in his own name. Sec. 11). And Lc it further enacted, That lists of person entitled to draws under tins act, shall he made out by the Inli-ri or Court ol each county, or such persons as they may appoint (notexceeding two toeneli battalion) within six months, from the date of such proclamation as llis Ex cellency the Governor, shall issue .requir ing the same to be done; and said Inferior court of the several counties in this State i or the persons they may appoint, shall i attend in each Captain’s district, at least i twice; giving ten days notice of the time , and place, for the purpose of taking the • names of persons entitled, to draws ; and • the names of the person entitled slmll he ; entered by the receivers, in a book to la kept for that purpose; a transcript of ■ which book, fairly made out, shall he transmitted to the Executive, and the original, deposited w ith the Clerk ol the (Superior Court, ofthe respective coun ties. And should the Inferior Court ol any county, fail to take in such names themselves, or to make proper appoint ments w ill,in two months, after they arc required by proclamation to do so ; then the Clerk ofthe Superior Court, (or his legal deputy in his absence) in such county, may make such appointments; •Hid said receivers, before they enter up on their duties, shall take and.subscribe the following oath, to wit : ‘'l do solemnly swear (or alliim) that I will not receive or register any name, except the person giving in, shall first take the oath '■ prescribed by litis net. so help me God” I —w hieli oath, any justice of the Inferior court, or ofthe peace, is hereby required to administer; nml the person or persons, taking in names ns aforesaid, shall ad minister to ail applicants for draws, other than widows, guardians, or next friends of orphans, idiots mid hinuticks, the fol lowing oath, to wit: ”1 do soj einnly swear (or affirm) that I am a citi zen ofthe Hailed .Slate*, and have resi ded in litis State five years immediately preceding the passage of litis net, except absent on law Till business and am nn in ' habitant ofthe tame, that 1 am eighteen years of age; that 1 have (or have not) a wile, or child or children ; that I have not given in my name for any draw or draYYs in the present contemplated land lottery in any other part of this Slate; that I have not drawn a tract of land many ofthe former lotteries in my individual capacity, or as an individual orphan, nud that I did not directly or indirectly, evade the service of this Stale or of theU. S. In the lute wars against Great Hi ilain or the Indians” And the widows of revolution ary soldiers shall take the following oath or affirmation, to wit:—"l do so lemnly swear (or affirm,) that I nm the w i dow of a revolutionary soldier, to the best (fray knowledge and belief—-so help mo God.” The following oath shall ho ad ministered to nil married women entitled to draws on account of three years ab sence of their husbands, as contemplated In this act, to w it:—“l do solemnly swear (or affirm.) that my husband has been absent from this State three years; that I have resided the live last years in this State, except absent on lawful busi ness; and am now a resident in this dis trict; that 1 have not put in my name fern draw in the approaching land lot tery in any other part ol the State, nml that 1 have not drawn any tract of land in any of the former laud lotteries, either in my individual capacity, or us un in dividual orphan, to the best of my knowl edge und belief—so help me God. ’ The following oath shall be administered |p the mother or next friend of any mjijor or family of minors, who mny be entitled to a draw or draws on account of .three’ years absence oftbeir lather, us eontem pluU'dby this net,to wit;—‘‘i db solemnly swear (or affirm,) Jijntlhc ml” noror family of minors whom s©r turn, is, or tire entitled to a draw or ! draws, tinder this nct t to thebest of -my knowledge—so help me Gqj). Ihq follow ing oath shall be administered to all revolutionary soldiers wlio shall ap ply for draws under this act;—“l do solemnly swear (dr a/lirm) that I sexVr ed ns a soldier in the unnips ofthe Uni ted States during the revolutionary w«r I a torr, or lours, of doty, apd ‘A j to n draw. or draw*, aeeurdn.g to the j provisions of this act—so help me God.” -• And ail guardian*, or next friends of or* i pans, or children o('convicts in the Pen itentiary, shall take the following' oath ; —"1 do solemnly swear (or allirm) that the orphan, or family of orphans, or the child or children whom 1 now return, is, or arc entitled to a draw,or draws, under this act, tothehest of my knowledge—so help me God.' 1 The following oath shall he administered to all widows :—"I do ■ oiemnly swear (or affirm,) that I am a widow; that I have resided the five Inst years in this (slate. except absent on lawful business, und nm now resident in this district; that 1 have not put in my name for a draw in (he present lottery in any oilier part of the Blato, and that I have not drawn land in any of the form* er lotteries, to the best of my know ledge and belief, so help me God.” That all idiots and lunatics entitled to n draw. Or draws, by this aid, shall be given in by their respective parents or guardians, or next friends, w ho shall take the follow ing oath, to wit: ”1 do solemnly swear, (or affirm) that the person w hose name I now give in is an idiot, or luna tic ; that he is eighteen years of nge or upwards, and entitled to a draw or draw s under this act: that ho has not drawn land in any of the former hind lotteries of this Estate in his own name, or as an individual orphan—so help mo God.” Sec. 20. And he it further enacted , That if uny person entitled by this act to u draw or draws, should, by absence or other unavoidable causes, fail to give in his name within the time herein prescrib ed, it shall and may he lawful for such person to wake oath of the draw or draws, to which he may he entitled, before any Justice of the Inferior Court, or of the Peace, of the county in which he may reside, & make return thereof to the Executive, at any time before the commencement of the drawing; audit shall and may he lawful for any person or persons, entitled lo u draw or draws, in said lottery, who are about leaving the State on lawful business, to take the oath prescribed by this net, and deposito the same in the Clerk’s Office of the (r»u perior Court of the county where such person or persons may reside, ami their names shall he registered according tothe provisions of this act: Provided such person shall swear that he intends to re turn and remain a citizen of this Stale. Sec. 21 . And he it further enacted, That five persons shall he appointed by joint ballot of the legislature, to superintend the drawing ofthe lottery, to be convrn- , ed at Alilledgcville by the Governor, • when necessary ; and that whenever tin's act imposes duties on the Governor, Sur veyor General, Surveyors, Keeeivers of names, or Commission!rs, such duties shall he severally performed with as Jit— • tie delay ns possible, consistently w ilh (his net, mid a due execution therei f See. 22. And be it J 1 'he ■> enaelrd. That us soon ns said lls’.s are made out nod* returned, tils Excellency the Governor for the purpose < J eliriy.f, « im, ry into clfeet, shall cause the mime* ol per* sons entitled to draws, together with other designating remarks, of resilience, \e. to bo placed on tickets as nearly sim ilar nr possible, which shall he deposited in one wheel; und the prizes on tickets of tlie like description, slinllj he deposited in another w heel, which prizes shall con sist ofall square lots in said territory not herein reserved—And from each wheel, ns nearly at the mine time ns may he, a ticket shall he drawn and delivered to the superintending managers, mid so on until the whole number of prizes are drawn out, and snid managers shall make due and particular entry of the names so drawn out, and the prizes corresponding therewith, said names and prizes being thoroughly mixed first in their respeetivu wheels—And his Excellency the Gov ernor is required to give three weeks no tice of the commencement of the draw ing. See. 21). And he it further enacted, That all persons who may draw lands under this net, shall he entitled to receive grants (or the same, conveying fee sim ph* titles on paying into the Treasury of this (State, the sum of eighteen dollars— And any person drawing and failing to take out his grant within live years from the date of snid draw, shall forfeit his or her right to receive a grant to the land so drawn, mill rhr snide shall revert to the State; orphans, idiots and lunatics excepted. And all persons who shall draw land* in (Ids lottery, shall, whether the same he grunted or not, pay taxes thereon, at (he same rates as for other lands of similar qualities, until they shall relinquish the same tu the use ofthe Slate, by writing to he tiled in the cilice of tho Secretary of State. See. 21. And be it further enacted, That nil returns made contrary to the true intent and meaning of this act, arc de clared lathe fraudulent, and all grants is sued iu consequence of any draw madu in the contemplated lottery, on such fraudulent returns, are hereby declared to he mill and void ; and Jlic lands so drawn or granted shall,revert and he come tho property ofthe S|gto:3 and the question of the fraujl shall pjp tried upcai . ,rirr fa due to be Jssiicd froW under the * bunds of the Cleft of the Superior Court of the county. In which the land lies, in the name of the Governor of said BtMe for he lime being upon the application of ahv^ii|di viduul tlie temmldo pos- And hi it further TJiat upon the return of said reive fucirui witjt_ an entry, thereon bf bcrvice effected any ShriSff of any county of this State. by leaving a copy thereof with the, pGv >■' , son named as defendant, or at notorious place of abode; or .by jfia fa%'is3s turn of said Sheriff (hat the dotendapt ia . not to be found* Provided, the shall make affidavit tfant he does not ( Coßtinucd anjbyrffi "; jg ■