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Aiuimt
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WTDiMESDAV, DECEMBER 8. 1830,
“ Be jutt, and fear not.” 1
— ■ ■ I
The River is now in good order for Stemn- i
boat navigation.—lt was still rising last even- i
ing, and we may expect a navigable River for
some time.
Tlie Superior Court of Richmond county, af
ter a Term of three weeks, adjourned yesterday
morning. We understand that the Court will
meet at some special time, in the roturse of this
Week to attend to some unfinished business.
■■ ■ ......... . - ■ ■ ■ ■-
The Ati.as. —This periodical which is pub
lished in the city of Ncw-York once a week,
stands deservedly popular. The quantity, the
selection and excellent arrangement of the mat
ter contained it, renders it one of the most val
,lade publications of the kind in the United
and it is certainly the cheapest. For the
torm^A t - wc refer our readers to the ndver-
in another column. One of
tho at piesent in the city, which as
turds a good opportunity to all those who may
feel disposed to obtain a useful and impartial
Tlews and miscellaneous paper- A antiseription
list is left in our News-Room for signatures.
Mn,LFooEvitLY,“Monday, Nov. 20,1830.
In Se»atc, to day, Mr. Andehsox moved to
dispense with the order of tho day, for the pur
pose of taking up the bill to survey and occupy
the Cherokee territory ; and the yeas and nays
being called for, the motion was rejected; yeas
-31 nays 31 The hill to amend an act, entitled
an act, more effectually to quiet and protect
Jhj possession of personal property, and to pre
vent the taking possession of the same by fraud
er violence, was considered in Committee of
the whole, reported to the House, iitul read the
third time and passed. The bill to amend the
T2ih section of the judiciary act of 1799, so far
as relates to tho revival of suits at law, when
tho same have been delayed by the death of
either party, was rejected. And tho bill from
the House, to repeal tire act passed lust session,
for the relief of tho Butchers of Augusta, was
passed by a large majority, only three or four
ayes being heard in the negative.
VV bile tho last mentioned bill wqs on its pas-
Sage, Mr. Rhodes of Richmond, rose and said,
that as it referred particularly to tire interest of
tho county ho had the honor to represent, he
Would trouble the Senate with a few brief re
nt 1 .ilc-: upon it.—That the Legislature had grant
ed to the city of Augusta, a charter, containing
certain powers of city government, and that so
far as they did not exceed its provisions, they
claimed to regulate their own internal affairs,
in their own way—that if any act of the City
Council was considered impolitic, or oppressive
to the citizens or any portion of them, they could
remedy the evil, if evil it was, by petition to the
Council, and in the last resort, by turning out at
a proper time, the members who they believed
opposed the will of their constituents, and elect
others in their stead—that tho citizens were
more conversant with their own interests, ami
better capable of judging when they were mis
represented by their representatives in Council,
than the Legislature could possibly ho; and that,
certainly, they had tho same power to correct
them as tho people generally had to correct tho
cnoisnf their representatives in the Legislature.
He thought sound policy and justice required,
Unit the Legislature should not interfere with tho
acts of the City Council, so long as they did not
transcend the prov isions of the charter—said tho
.Senate must not suppose that the Butchers of
Augusta were an uniufluential class of citiA.ns,
disragardod and disrespected by the other class
es, and likely, therefore, to he unjustly oppress
ed, and their opinions and w ishes contemned
and unheard—that they were a worthy, respec
table, influential, and in some instances, w'ealthy
and powerful body, much respected, and often
advanced by the citizens generally, to respec
table and elevated offices—that one of them had
for several years past, held a scat in this body;
another had regularly, for many years, been a
highly respected and influential member of the
City Council, and many others frequently held
respectable and influential magisterial offices in
the city—that, under theso circumstances, the
Senate would see, that they were not a body of
men whoso rights could bo disregarded and
their wishes unheard among their fellow citizens,
and consequently not likely to appeal to them
or their representatives in council, in vain, m
nuj just cause. Hu hoped these considerations
would have sufficient weight with gentlemen,
to induce them to pass the bill uow under dis
fnsslon.
In the House, nothing of interest was done at
the evening session, which convened merely
to attend tho secon d readings of hill. The busi
ness of the morning I sent you by tho mail
which closed when the House adjourned.
Tuesday, November 30.
In the House, to day, Mr. Hudson of Putnam,
ThoVfcd’to re. consider tho vote of yesterday on
the substitute offered by Mr. Dougderty, to Mr.
U aynes’s bill for the survey and occupancy of the
Cherokee laud, and advocated the motion in a
speech es considerable length, in opposition to
the right and expediency of taking possession of
the land, and in support of the provisions of the
substitute rejected, which is the hill reported by
Mr. Schi.ey from the committee on tho State
of tho Republic.
Mr. CLEviEtANn of Habersham, replied to Mr.
HoWiftt, in support of Mr. Haynes’s bill, deny
ing the inexpediency and danger of its provi- j
sions. ,
Mr. Haynes suggested the consequences of 1
tho arguments of liu; opposition——that they would *
bo published, as well in the Cherokee Plu> nix '
■as in other papers, and excite the Indians to still j
more determined opposition to tho rights of ,
Georgia, unloss the bill for the survey ;md oc- s
-cupancy was passed, which alone would res- t
train them, and would settle the question at *
once. He observed that the Legislature had 1
already passed a bill to take possession of tbe S
Gold mines, Which wore part of the territory, (
and that if wo havo the right to occupy a part t
wc have tho same to occupy the whole—that an
armed force is necessary to protect tho mines, 1
and instead of sending soldiers to occupy tho d
territory, he would send citizens, to populate it 11
and protect then own rights—that the expense of J'
protecting the mines by an armed force would t
he exceedingly expensive, and inconvenient to (
the people, requiring largo appropriatoins, and t
drafts from the militia—that gentlemen contend u
against occupying the land by citizens, and yet t
will occupy it by soldiers. |
Mr. Hudson withdrew his motion to reconsid
er, remarking that he reserved to himself tho | (
right of opposing Mr. Haynes’s bill when taken ,
up in its regular course. t
After the reading of tho journal of yesterday t
was concluded, Mr. Haynes’s Land bill was 1
taken up. The following is a copy of it, as J
reported from committee of the whole: (
A BILL <
To be entitled an act, to authorize the *
survey and distribution of nil the land *
within the limits of Georgia, in the oc- 1
cupancy of the Cherokee Tribe of In- 1
dians, and all other anlncatcd lands
within the limits of said (Slate, claimed 1
as Creek Land. 1
See. 1. Be it enacted by the Senate and
House i j Representatives of the Stale of Gear- ,
gin in General Assembly met, and it is hereby
enacted by the authority of the same, That all
the territory within the limits of Georgia,
n—w it,,- ouou|m,u‘Y of the Chero
kee tribe of Indians; and all other unlo
eated lands within the limits of this State,
claimed as Creek land, shall form and
he divided into four sections as follows,
to wit; all that part of said territory
which lies east of a line, commencing on
the line which divides North Carolina
and Georgia, thirty-six miles duo west
from the north west corner of the first
district in Itabun county, running thence
south to the Chattahoochee, shall form
what shall be called section first. Ail
that part which lies west oftlie line afore
said, and east of a line, commencing
twenty-seven miles due west, from the
fu st named corner, running thence South
to the Carroll line, or to the boundary
iine, dividing the organized and unorgan
ized parts ot this State, shall form the se
cond section. All that part of said terri
tory which lies west of the line lastafore
sHid, east of a line commencing twen
ty-seven miles due west from the lust
mentioned corner, and running thence
south until it strikes the Carroll line, shall
be called the third section. All the re
maining part of said territory shall form
what shall he called section fourth.
Sec. 2. And be itfurther enacted by the au
thority aforesaid, That each of the sections
herein before laid out and described shal I
ho divided into districts of nine miles
square ns near ns practicable, the dis
trict, lines running parallel to the lines di
viding sections, and crossed by other
lines at right singles, and said districts so
laid out, shall he again subdivided by
linos to be run in l.ke directions into
square tracts, containing one hundred
and sixty acres, maived. nd numbered
affording to the plan heretofore pursued, ,
under the instructions of the Survey
or-General.
See. i). And be it further enacted, That all '
It actional parts of surveys which nniy r he
created, containing one hundred and fif
ty acres or upwards, shall be held and 1
deemed prizes, and all fractions under
one hundred and fifty acres shall be re- ,
orrvcil lor |itiblic uu.l Ur il'mpuonl us '
as a future Legislature may direct. '
te'ec. d. And be it farther enacted, That
otic hundred and one Surveyors shall he \
appointed by Joint ballot us this legisla- ‘
tare, in one general ticket, and the per- I
son having the highest number of votes,
shall be entitled to the first choice of dis
tricts, and in the same order agreeably •
to the n umber of votes each surveyor may
receive—and in case of a tie between
any two or more surveyors, their prefer
ence in choice shall he decided by lot in
presence of the Purveyor General.
Sec. 5. And he it further enacted, That
twelve persons shttll be appointed by
joint ballot of this Legislature, neither of
whom shall be a District Purveyor, to rntt
and plainly mark the several district, re
serve. and sectional lines herein directed,
vyhose duty shall he apportioned hy the
Mirveyor General ns nearly equal as
practicable—And any person elected a
surveyor, who shall fail to perform the
duties of his office as required by the pro
' isions us this act, shall be considered ns
forfeiting his bond, and himself and his
securities be immediately liable therefor
—and no ticket shall be counted unless it
contains the names of twelve persons.
fßec. (>. And be U further enacted, That
the Surveyors respectively, shall give
bond in the sum of ten thousand dollars,
to the Governor At his successors in office,
with such security as lie. ora majority of
the Justices of the Inferior Court of the
county in which such Surveyor may re
side, shall approve, conditioned for the
faithful performance of the duties re
quired of them by this act, which bond
shall be deposited in the Executive office.
Sec, 7. And be it further enacted, That it
shall be duty of the surveyors appointed
in pursuance of this net, to make the sur
veys of the sections, reserves and dis
tricts, to which they may be appointed,
in their own proper persons to mark, or
raus* to be marked plainly and distinctly
up n trees, if practicable, otherwise on
, .-is, all stations and nil lines which I
they may be required to run for the pur 1
■ i'-se of making the surveys of their re '
sportive sections, reserves and districts, i
immediately upon being required so to •
do by the* Surveyor General, to cause all f
such lines to be measured with all possi- I
ble exactness, with a half chain contain- <
tag thirty-three feet, divided into fifty (
■quid links, which shall be adjusted by I
the Surveyor-General, according to the >
standard in his office: to fake as aeon- I
lately ns posssible the meanders of all I
wafer courses which shall form natural •
boundaries to nny oftlie surveys: to note I
in field books to be kept by them reaper- «
lively, the names of the corner and stn- <
tion trees, which shall be marked and '
numbered under the direction of the Sur- J
veyor General: also all rivers, creeks 1
and other water courses which may be '
touched upon or crossed in running any <J
of the lines aforesaid, transcripts of which c
said field books after being compared h
with tho originals by the Surveyor Gen- r
oral, and certified ami signed on every «l
page,by fheSurveyorreturnlngthcsmne <1
shall be deposited in the Sur\eyor-Gen- o
orals office, and become a record. And s
the district Surveyors shall malic a re- s
urn ot their surveys and works, within tl
one hundred and twenty days from the r
tunc they are notified ig enter apgu the o
dffiOMfitHc atffif g»ranm«gfi%
discharge of their duties, containing a
map of their district in which shnil be
correctly represented and numbered, nil
lots and fractions of said district and wa
ters therein delineated as the Purveyor
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 Pur
veyor, which plat shall be filed among
(he records ofthe Purveyor Generals of
fice, and from which copies shall be ta
ken to annex to grants. And said Sur
veyors shall conform to such instructions
as they may receive fromtime to timefroni
the Survej or General during their con
tinuance in office. Provided, the same dt
nut militate against this act. And th<
Surveyors,appointed to lay out section
reserve, anti district lines, shall make re
turn of their work to the Surveyor Gen
eral within ninety days from the tinu
they shall be required to enter upon thi
duties of their office, of all such survey!
as shall have been made by them.
Sec. 8. Audit it further enacted, That flu
district surveyors to be appointed by tbit
act, shall receive two dollars and filtj
cents fur every mile that shall be actual!;
run or surveyed ns a full compcnsatiui
for the duties required of them by thfc
act: out of which they shall defray th*
whole ofthe expense incident to their o
fices. And his Excellency the Govm
or is hereby authorised and required la
issue his warrant on the Treasury in fa
vor of each of the aforesaid Surveyors,
upon his being called into service, to the
amount of three hundred dollars, t» ena
ble him with the less delay to ente. upon
his duties; and the balance to width such
Purveyor may be entitled, shall b paid
to him in like manner, upon his {reduc
ing a certificate from the Purveycr Gen
eral setting forth a performance of the
work, and the amount due.
Pec.!). Audit it further enacted, 'lhatthe
surveyors who may he uppointedto run
sections and district lines, shall •cccite
three dollar j and fifty cents for cadi mle
they may run and survey, as a full com
pensation for their service, out of whiih
they shall pay all incidental exprnsesi
nnd the Governor is required to issue hW
warrant on the Treasury in favor of cum
of said Surveyors for the sum ofthrec hun
dred dollars upon their being called into
service, and in like manner to pay un
balance which may be due when tie
work is completed, ami the Survejpr
General shall certify the some.
Sec*. If). And It it further enacted, Tint
should there he more districts titan arc
contemplated by this act, and Survey tire
elected for, or incase the nppointmcntbf
any Surveyor should become vacant by
dec lb, resignation or otherwise, his l}x
celleney the Governor, is requested n;d
authorized to fill said vacancy. And in
case any Surveyor shall be found incrln
petent, or fail to execute the duties requir
ed ofhim by this act, his office shall be
vacant, and Ins vacancy filled in like intn
ncr.
See. 11. Andie, it furtner enacted, That
the Surveyors to be appointed in
ance of this act, shall before they enter
upon their duties, take and subscribe Ihe
following oath. 1, 1 do solemnly swear
(or affirm) that I uni twenty-ore years
of age, that I will well and fiiitlfiilly, to
the best of my skill & abilities discharge
the duties w hich may be required of me
as Purveyor in the territory of which I
mu elected « .Surveyor- so help in« God, - '
—which oath the Surveyor Genera! is
required to administer. The oath to he
administered to ehaininen by their re
spective Surveyors, shall be as folllovs:
“I do solemnly swear (oraf
flnn) that, to the best of my skill tnd
judgement, 1 will measure till lines on
which I may bo employed as chain mr
rier, as accurately, and with as little de
viation from the course pointed out by
the Surveyor us possible, and give a I'lie
account ofthe same to the (Purveyor so
help me God,” and similar oaths shal he
administered by the Purveyors to all iuc
men alul markers.
Pec. 12. And he it further enacted, Tint
the land to be surveyed under the pro
visions of this net, shall be classed uti'ler
the following heads, vis:—First quality
river land—Pecond quality river land—
First quality oak and hickory up land—
Pecond quality oak and hickory up Inni
—First quality pine land; and pine hud.
And it shnlt lie the duty of Surveyors
charged with the business of dividinglhe
districts into lots, to note upon the sope
rate pint of each lot which he is requited
to file in the Purveyor General's offi e,
tint-quality of each lot according to the'
foregoing classes.
Pec. 1!). Andie it further enacted. Tint
no ticket for district Purveyors shall he
counted unless it contains one bundled
and one names.
See 14. And le. it further enacted, Tint
the follow ing shall he the description and
qualification of persons entitled to give
in their names for a draw or draws un
der this act, to wit: Every male white
person of eighteen years of age and sp
wards, being a citizen ofthe 11. Plates,
and an inhabitant within the organized
limits of this Plate five years immediately
preceding the passage of this net, includ
ing such as have been absent on lawful
business, shall be entitled to one th aw.
Every male person of like description
having a wife, or legitimate male child
or children antler eighteen years of age.
or unmarried female child or children,
resident as aforesaid, or who were horn
and have ever since resided in this Plate,
shall have two draws. All widows with
like residence shall he entitled to one
draw; and wile and children in this Stijtc
of persons who have been absent from
this Plate three years, shall he on t|ic
same footing as to draws, ns if the said
husband was dead, and (he title to such
lots as snitl females or children may draw,
he vested permanently in them as though
1 hey were widows and orphans. All (a
milics of orphans resident ns aforesaid
or who haveresideed in this Plate from
their birth under the age of eighteen
years, except such as may he entfiled in
their own right to a draw or draws
whose father is dead, shall have one
draw. All families of orphans consisting
ofmore limn two shall have tw o draws:
but if not exceeding two, then such or
phan or orphans shall be entitled to one
draw, to be given in, in the county and
district where the eldest of said orphans
ar 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. AH widows of like
residence, whose husbands were killed
or died in the service of their country, or
on their return march, in the late Wars
with Grent Britain or the Indians, shall
be entitled to a draw, exclusive of that
otherwise allowed to widows by this
act. All orphans whose father were
killed or died in the service of their coun
try, or on their return march, in the late
wars against Great Britain or the In
dians, shall be entitled to a druw r , exdu
sive of that otnerwise allowed by this
act to orphans; and all and every un
married female over the age of eighteen
years, whose father was killed or died as
aforesaid, shall have one draw: Provided,
that nothing herein contained shall be so
construed as to entitle any person or per
sons to n draw or draws, in the present
contemplated Irtnd 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,
anti who have arrived at the age of eigh
teen years; but Such person shall be enti
tled to one draw, and the remninder of
such family of orphans shall be entitled
to one draw. And Provided, That all wi
dow s of revolutionary soldiers shall have
one draw in addition to those already
contemplated by this act. And that ail
revolutionary soldiers who were not for
tunate drawers us revolutionary soldiers
in any ofthe fomcr land lotteries, shall
be entitled to two draws as revolutionary
soldiers: Provided, That the citizens of
this Plate who come under this act as
above contemplated, and who volunteer
ed oj were legally drafted in the late war
against Great Britain or the Indians, and
refused to serve a tour of duty either in
person or by substitute, or who may have
deserted from the service of tiiis Plate or
of the U. Plates, shall not be entitled to
the provisions of this net, us above con
templated, nor any of those who illegally
avoided a draft, by removal or otherwise.
And no person or persons, who have re
moved from the organized limits of this
Plate for the purpose of avoiding the
laws of this Plate, or have absconded for
debt, shall in any wise be henefitted by
this act. And in case land is drawn by
minors, the grant shall issue accordingly
upon payment ofthe usual fees; and eve
ry citizen of this Plate who served a tour
ol'duty under the authority of this Plate
or ofthe United Plates of two months, or
more in the militia of this Plate during the
late war against the British or Indians,
shall he entitled to one extra draw, pro
vided they have not drawn land on ac
count of said service in any Comer lottery;
and provided that when such service has
been rendered by substitute, the person
employing such substitute shall be enti
tled to the draw, and not the substitute;
&• (hey shall take the following oath:—“l
«.o swear, or affirm, that I am a citizen of
this Plate and that I served a tour of duty
in the militia of this Plate of two months
or more in the late war against the Brit
ish & Indians in person or by substitute.”
Pec. 15. And be it further enacted, That
no person who, in person, or by agent,
dug gold, silver, or any other metal, since,
the first day of J une last, in the lands in the"
possession of the Cherokee Indians, and
within the limits of Georgia, shall be en
titled to a draw or draws underfills—And
no person, who employed any white per
son, negro, mulatto, or Indian to dig gold,
in said Cherokee country, shall be entitled
ton draw, under this act, who has em
employed any white person, negro, mu
latto, or Indian, and did dig Gold a* albre
»"•«)> oinw the (iret day of June 182!).
Pec. 1(». And be it further enacted. That
no person or persons who are residents
on any part ofthe lands contemplated to
he disposed of by this act, shall he enti
tled to a draw or druivs under any of its
provisions.
Pec. 17. And he it further enacted, That
any sale or transfer that any person en
titled to a chance or chances in this land
lottery, may make of such chance or
chunces, or make of any lot or lots of
land, such person may draw, before the
grant or grants of the same are taken
out, shall be void, and any bond, or obli
gation, or letter of attorney given by said
person to make titles, shall not be bind
ing on such person —And further, It shall
be illegal for any magistrate or other
person, authorised to administer nn oath,
to administer an oath to any person sel -
ling hie chance or chances, lot or lots,
contrary to the provisions of this section,
that he w ifi make titles to the same.
Pec. 18. And he it further enacted, That
nothing herein contained, shall he so
construed as to allow any convict in the
Penetentiary to give in for a draw or
draws in the present contemplated
land lottery : Providednevci'tkeless, that the
child or children, who have resided in
this Plate three years, of any of said con
victs, shall be entitled to a draw or draws,
in the same manner they w ould be enti
tled il'they were orphans, mid may be
given in for by their mother or other per
son, under whose care (hey may he, and
, the grant or grants shall issue according
ly to any land so drawn: Provided, That
, no such convict has drawn in any ofthe
former land lotteries of this Plate in his
own name.
Pec. 19. And he it further enacted, That
lists of person entitled to draws under
this act, shall be made out by the Infcri
-1 or Court of each county, or such persons
as they may appoint (not exceeding two
to each battalion) within six months,from
the date of such proclamation ns Ills Ex
cellency Ihe Governor, shall issue .requir
ing the same to be done; and said Inferior
con: t ofthe several counties in tins Piute
or the persons they may appoint, shall
attend in each Captain's district, at least
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 cut filed shall be
entered by the receivers, in n book to be
kept for that purpose; u transcript of
which hook, fairly made out, shall be
transmitted to the Executive, and the
original, deposited with the Clerk ofthe
Pupcrior Court, of the respective coun
ties. And should the Inferior Court of
any county, fail to take in such names
themselves, or to make proper appoint
ments within two months, after they are
required by proclamation to do so; then
the Clerk of the Pupcrior Court, (or his
legal deputy in his absence) in such
county, may make such appointments;
and said rccci\ ers, before they enter up
on their duties, shall take and subscribe
the follow ing oath, to wit: “I do
solemnly swear (or affirm) that I will not
receive or register any name, except the
person giving in, shall first take the oath
prescribed by this act, so help me God”
—which oath, any justice of the Inferior
court, or of the peace, is hereby required -
to administer; and the person or persons,
taking in names us aforesaid, shall ad
minister to all applicants for draws, other
than widows, guardians, or nett friends
of orphans, idiots and lunaticks, the fol
lowing*oath, to wit: "I do sol
emnly swear (or affirm) that I am a citi
zen of the United States, and have resi
ded in this State five years immedlhtely
preceding* the passage of this act, except
absent on lawful business and am an in
habitant of the aftme, that I am eighteen
years of age ; that I have (or have not)
a wife.nr child or children; that 1 have
not given in my name fur any draw or
draws in the present contemplated land
lottery in any other part of this Slate;
that I have not drawn a tract of land in any
of the former lotteries in my individual
capacity, or as an individual orphan, and
that I did not directly or indirectly, evade
the service of this State or of the U. S. in
the late wars against Great Britain 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 am the w i
dow of a revolutionary soldier, to the best
ofmy knowledge and belief—so help me
God.” The following oath shall be ad
ministered to all married women entitled
to draws on account of three years ab
sence of their husbands, ns contemplated
by tli)sact, to wit:—“l do solemnly
swear (or affirm,) that my husband has
been absent from this State three years;
that I have resided the five last years in
this State, except absent on lawful busi
ness; and am now a resident in this dis
trict; that I have not put in my name
fur a draw in the approaching land lot
tery in any other part of the State, and
that I have not draw*n any tract of land
in any of the former land lotteries, cither
in my individual capacity, or as an in
dividual orphan, to the best of my knowl
edge and belief—so help me God.” The
following oath shall hr; administered to
the mother or next friend of any minor
or family of minors, who may be entitled
to a draw or draws on account of three
years absence oftheir father, as contem
plated by this act, to wit:—“l do
solemnly swear (or affirm,) that the mi
nor or family* of minors whom I now re
turn, is, or are entitled to a draw or
draws, under this act, to the best of my
knowledge—so help me God.” The
following oath shall be administered to
all revolutionary soldiers who shall ap
ply for draws under this act:—“l
do solemnly swear (or affirm) that I serv
ed ns a soldier in the armies of the Uni
ted States during the revolutionary war
a tour, or tours, of duty, and am entitled
to a draw, or draws, according to the
provisions of this act—so help me God.”
And all guardians, or next friends ol'or
puns, or children of convicts in the Pen
itentiary, shall take the following oath :
—“I do solemnly swear (or affirm) 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, undei
this act, tothebest of my knowledge—s<»
help me God.” The following oath shall
be administered to all widows:—“l
do solemnly swear (or affirm,) that I am
a widow ; that I have resided the five
last years in this State, except absent on
lawful business, and am now resident in
this district; that I have not put in my
name for a draw in the present lottery in
any other part of the State, and that I
have not drawn land in any of the form
er lotteries, to the best of my knowledge
and belief, so help me God.” That ail
idiqts and lunatics entitled to a draw, or
draws, by this act, shall be given in by
their respective parents or guardians, or
next friends, who shall take the follow
ing oath, to wit: ‘*l do solemnly
swear, (or affirm) that the person whose
name 1 now give in is an idiot, or luna
tic; that he is eighteen years of age or
upwards, and entitled to a draw or
draws under this act; that he has not
drawn land in any of the former land
lotteries of this State in his own name,
or as an individual orphan—so help me
God.”
Bec. 20. And be it further enacted, That
if any person entitled by this act to a
draw or draws, should, by absence or
other unavoidable causes, fail to give in
his name within the time herein proscrib
ed, it shall and may be lawful for such
person to make oath of the draw or
draws, to which he may be entitled,
before any Justice of the Inferior Court,
or of the Pence, of the county in which
he may reside, & make return thereof to
the Executive, at any lime before the
commencement of tho drawing; and it
shall and may be lawful for any person
or persons, entitled to a draw or draw s.
in said lottery, who arc about leaving
the State on lawful business, to take the
oath prescribed by this act, and deposite
the same in the Clerk's Office of the Su
perior Court of the county where such
person or persons may reside, and their
names shall be registered according to the
provisions of this act; Provided such
person shall swear that he intends to re
turn anti remain a citizen of this State.
See. 21. And be it further enacted, That
five persons shall be appointed by joint
ballot of the legislature, to superintend
the drawing of the lottery, to be conven
ed at IMilledgcville by the Governor,
when necessary; and that whenever this
act imposes duties on the Governor, Sur
veyor General, Surveyors, Receivers ol
names, or Commissioners, such duties
shall be severally performed with as lit
tle delay ns possible, consistently with
this act, and a due execution thereof
Sec. 22. And be it further enacted, That
ns soon as said lists are made out and
returned, His Excellency the Governor
for the purpose of carrying the lottery
into effect, shall cause the names of per
sons entitled to draws, together with
other designating remarks, of residence
Ac. to be placed on tickets as nearly sim
ilar as possible, which shall be deposited
in one wheel; and the prizes on tickets
of the like description, shall| be deposited
in another wheel, which prizesshall con
sist ofall sqnare lots in said territory not
herein reserved—And from each wheel,
as nearly at the same time as may bo, a
ticket shall be drawn and delivered to
the superintending managers, and so on
until tho whole number of prizes are
drawn out, and said managers shall make
due and particular entry of the names so
drawn out, and the prizes correspondin'**
therewith, said names and prizes being
thoroughly mixed first in their respective
wheels—And his Excellency the Gov
ernor is required to give three weeks no
tice of I lie commencement of the draw
ing.
. 2i * And he it further enacted, T| lß * t
all persons who may draw lands an * V
this act, shall be entitled to rep *? er ■
grants for the same, conveying K ; VC HI
Pie titles °n paying intone Treasury I
this State, tiie sum of eighteen dollar J/ K
And any person drawing and failing TT B
take out his grant within five years L ■
the date of said draw, shall forfeit his 0 » B
her right to receive a grant to the |u„j B
so drawn, and the same shall revert m H
the State; orphans, idiots and lunatics R
excepted. And all persons who shaU B
draw lands in this lottery, shall, whether I
the same be granted or not, pay t ixo H
thereon at the same rates as f or JK R
lands of similar qualities, until they 8 h«li R
relinquish the same to the use of theSW ‘ 1
by writing to bo filed in the office of the R
Secretary of State. U(5 B
Sec. 24. dind be it further enacted, Th u R
all returns made contrary to the true I
intent and meaning of this act, are do R
dared to he fraudulent, and all grunts k I
sued in consequence of any draw made I
m the contemplated lottery, on such I
fraudulent returns, are hereby declared I
to be null and void; ami the lands so I
drawn or granted shall revert and be I
come the property of the State : and the I
question of the fraud shall be tried u.,ou I
sco e facias to be issued from under the I
hands of the Clerk of the Superior Court I
of the county in which the land lies, in I
the name of the Governor of said State I
for the lime being upon the application of I
any individual Against the tenant in pos I
session of the land alledgod to be fraud I
ulently drawn, or against the drawer I
thereof setting forth the circumstances ]
of fraud in the said scire, facias especial- I
Sec. 25. And be it further enacted, That I
upon the return of said scire, facias, with I
an entry thereon of service effected by 1
any Sheriff of any county of this State 1
by leaving a copy thereof with the per- I
son named as defendant, or at his or her
notorious place of abode; or by the re
turn of said Sheriff that the defendant is
not to be found : Provided, the informer
shall make affidavit that lie does not luv t
lieve the defendant resides in the Stale. ]
Upon which return the court is hereby
authorised to have service prelected by
nn order for a three months publication j
in one or more of the public gazettes of ]
this Slate, which rule, when duly publish- j
ed, shall be considered as sufficient ser- I
vice to authorise nn issue to be made up j
under the direction of the court to try the J
question of fraud—And in case the jury j
shall find the return fraudulent, the Court
shall by judgement pronounce the grant -
issued on such return and, draw, to lie
void, and order it to he cancelled—which
judgement, when transmitted to the Sur
veyor General's office and Secretary of
State's office and entered of file there,
shall be of sufficient authority to tiioso
officers) to eancel the plats and grants for
such fraudulent draws from their offices
respectively. And the land when con-'
demned, shall belong one half to tho
Slate, and the other half to the informer,
and-subject to be laid off between tho
informer and the Slate by writ of parti
tion. to be issued under the direction of
the Superior Court oftlic county in which
tlic land lines; and to tlic proceedings of
said writ of partition on behalf of the
State, it shall be the duty of the Solicitors
General in the respective Circuits to at
tend. And when the said lands arc so
laid off; the informer shall be entitled to
a plat and grant lor bis share upon ti c
payment of tho legal office-fees— Provided
nevertheless, that no reture made by or oh
behalf of any orphan or orphans shall bo
■ pronounced fraudulent until his or their
legal guardian shall have been made a
party to the scire facias, or other discreet
person appointed by the Court in which
the case is tried, to defend the case for
the said orphan or orphans— And provid'd
also, that the proceedings under this act,
take place within four years from the
dote of the drawing.
Sec. 20. And be it further enacted, That
no case after being commenced as afore
said by srire facias, shall be settled or com
promised by the informer, or otherwise
disposed of to the prejudice of the Stale;
1 and in case it is, said land shall be liable
to be returned by any other informer iu
manner above prescribed, and division
made thereof accordingly.
Sec. 27. And be it further enacted, That
no scire facias shall issue until the appli
cant shall have made and deposited in the
Clerk's office from which the said scire
facias shall issue, the following oath to
wit:—“l do solemnly swear (or af
firm) that in making this information. I
have no combination or understanding
directly or indirectly with the drawer or
any other person, as the friend of, or ou
the part of the drawer.-
Sec. 28. And be it further enactedby t\cau*
ihority aforesaid, That the Governor is re
quired to cause the Surveyors to proceed
with as little delay ns possible, and when
the surveys are so made and returned to
the Surveyor General's office; the Go
vernor is further required to notify tho
Lottery Commissioners to meet nt Jlil
letlgevillo and proceed forthwith to tiro
drawing of the Lottery contemplated by
this act.
Sec. 21). And be it further onac‘cd hi/ lh»
huthwity aforesaid, That the Indians and
their descendants who reside upon said
territy, and have made improvements
thereon, shall be protected in the quiet
and peaceable possession of .such im
provements, until the General Assembly
of this State shall enact to the contrary,
or said Indians or their descendants shall
voluntarily abandon such improvements;
but no Indian or descendant ofan Indian,
who shall be entitled to tho benefit of this
section, shall be at liberty to rent, sell or
convey, bis right of occupancy to any
person or persons, unless it be to the
drawer or drawers of the lot or lots, on
which such improvements may be loca
ted, or the Government of this State, or
of the U. States, to and for the use of suck
drawers: ami the persons drawing lots
upon which such Indian residences may
he, shall not be allowed to disturb them
in their occupancy of such improvements!
Provided, the. benefits of this act shall not
extend to those who have made new set
tlements in the gold region within the
present year, for the purpose of occupy
ing and working the gold mines, but they
shall he allowed to return to, and occupy
their former residences, as others am
provided for under this section.
Sec. SO. And be it further enacted by the ‘
authority aforesaid, That nothing in this
act contained, shall be construed, as au
horising the distribution of the land, di
rected to. be surveyed as olbreepid, by