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Vol. 111 .
THE GAZETTE
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Georgia Legislature.
From the Milledgeville Journal of May 15.
AN ACT,
To dispose of and distribute the lands
lately acquired by the United States,
for the use of Georgia, of the Creek
Nation of Indians, by a Treaty made
and concluded at the Indian Spring,
on the eighth day of January, eigh
teen hundred and twenty-one; and to
add the reserve at Fort Hawkins to
the County of Jones.
§ 1 . Be it enacted by the Senate and
House of Representatives of the State
of Georgia , in General Assembly met ,
and it is hereby enacted by the authority
of the same, That the territory acqui
red of the Creek Nation of Indians by
the United States for the use of Geor
gia, as described in articles of a Trea
ty entered into and concluded between
Commissioners on the part ot the U
nited States, and chiefs, headmen and
warriors of the Creek Nation of In
dians, at the Indian Spring, on the
eighth day of January, eighteen hun
dred and twenty-one, shall forrii, and
be divided into five counties, as folllows,
to wit:—All that part of said territory
which lies south of a line commencing
on the Ocmulgee river, opposite the
town of Hartford, and running due
west to the Flint river, shall form one
county, to be called Dooly.
All that part of said territory lying
between a line commencing on the Oc
mulgee river opposite Fort Hawkins,
and running due west to Flint river,
and the line first above described, shall
form one other county, to be called
Houston.
All ih&t part of said territory lying
between the last mentioned line, and a
line commencing at (he Seven Islands,
on the Ocmulgee river, and running
due west forty miles, then due south
to the Flint river, shall form one other
county, to be called Monroe.
All that part of said territory which
lies west of the last mentioned line
and a line commencing at the corner
of Monroe county, as ?bove described,
and running north to the Chatahoochie,
shall form one other count), to be cal
led Fayette.
All that part of said territory which
lies east of the- last mentioned line,
running from the corner of Monroe
county, to the Chatahooche, shall fcrm
one other chunty, to be called Henry.
§ 2. And be it further enacted by the
authority aforesaid , That each of the
counties hereinbefore laid out and des
cribed, shall be divided into districts of
nine miles square as near as practica
ble, the district lines running parallel
to the lines dividing counties, and cros
sed by other lines at right angles; and
&aicl districts so laid out, shall be again
subdivided by lines to be run in like
directions into square tracts, containing
each tsvo kundredtivo and an Aa//acres,
mai ked and numbered according to
the plan heretofore pursued under the
instructions of the Surveyor-General.
§ 3. And be it further enacted , That
the fractional parts of surveys which
may be cleared by the divisions and
subdivisions aforesaid, shall be reser
ved for public uses, to be disposed of
as a future Legislature may direct.
§ 4. And be it further enacted , That
a ndjtfibeiv of Surveyors, equal to the
number.of districts, shall be appointed
by joint ballot of the Legislature, in
one general ticket; and the person ha
ving the highest number of votes, shall
be entitled to the first choice of dis
tricts, and in the same order, agreea
bly to the number of votes each Sur
veyor may receive; and in case of a
tie between any number of Surveyors,
their preference in choice shall be de
cided by lot in presence of* the Sur
vey or-Generaf.
§ 5. And be it further enacted, That
DARIEN GAZETTE.
ten persons shall be appointed by joint
ballot of the Legislature, neither of
whom shall be a District Surveyor, to
run and plainly mark the several dis
trict and county lines hereinbefore di
rected, whose duties shall be apportion
ed by the Surveyor-General, as nearly
equal as practicable; and that no ticket
shall be counted, unless it contains the
names of ten persons.
§. 6. And be it further enacted, That
po ticket for I|ig|gict Surveyors shall
be counted'unless it contains us many
names as there aredistriets. Any per
son elected a Surveyror, who, shall re
fuse to perform the duties of his of
fice, as required by the provisions of
this act, shall be considered as forfeit
ing his and himself and his secu
rities immediately liable therefor.
§ 7. And be it further enacted, That
the Surveyors respectively shall give
bond in the sum of ten thousand dol
lars, to the Govornor and his successors
in office, with such security as he, or
a majority <4f the Justices of the Infe
rior Court of the county in which such
Surveyor may reside, shall approve,
conditioned for the faithful performance
of the duties required of them by this
act, which bond shall be deposited in
the Executive office.
§B. And be it further enacted , That
it shall be the duty of the Surveyors
appointed in pursuance of this act, to
make the surveys of the counties and
districts, to which they may be ap
pointed, in their own proper person, to
mark, or cause to be marked plainly
and distinctly upon trees, if practica
ble, otherwise on posts, all corners and
stations, and all lines which theymay be
required to run for thepurpose of ma
king surveys of their respective coun
ties and districts immediately upon
being required so to do by the Sur
veyor General; to cause all such lines
to be measured with all possible exact
ness, with a half chain, containing thir
ty-three feet, divided into fifty equal
links, which shall be adjusted by the i
Surveyor General, according to the!
standard in his office; to take as accu
rately as possible, the meanders of all
water courses which shall form natural
boundaries to any of the surveys; to
note in field books to be kept by them t
respectively, the names of the corners
and station trees which he marked and
numbered under the direction of the
Surveyor General; also all rivers,
creeks and other wate-r courses which
may be touched upon or crossed, in
running any of the lines aforesaid:
transcripts of which field books, aftev
being compared with the originals by.
the Surveyor General, and certified,
on every page by the Surveyor retur- 1
ningthe same, shall be deposited in the ‘
Surveyor General’s office, and become j
a record: and the District Surveyors;
shall make a return of their surveys j
and works within ninety days from the
time they are notified to emer upon the
discharge of their duties, containing a
map of their district, in which shall be
correctly represented and numbered
all lots and fractions of said district,
and waters therein delineated, as the
Surveyor General may direct; and also
return at the same time a detached plat
of each lot and fraction which said dis
trict may contain, certified and signed
by such Surveyor: which plat shall be
filed among the records of the Sur
veyor General’s office, and from which
copies shall be taken t 6 be annexed to
grants: and said Surveyors shall con
form to such instructions as they may
receive from time to time from the
: Surveyor General during their conti
! nuance in office: Provided, The same
;do not militate against this act. And
the Surveyors appointed to lay out
county and district lines, shall make
return of their works to the Surveyor
General within sixty days after the
passage of this act.
§9. And be it further enacted , That
the District Surveyors to be appointed
by this act, shall receive two dollars
and fifty cents, for every mile that shall
be actually run or surveyed, as a full
compensation for the duties required
of them by this act, out of which they
shall defray the whole of the expenses
incident to their offices; and his Excel
lency the Governor is hereby autho
rized and required to issue his warrant
on the Treasury, in favor of each of
the aforesaid Surveyors, upon his be
ing called in service, to the amount of
three hundred dollars to enable him
with the less delay to enter upon his
duties: and the balance to which such
Survoyor may he entitled, shall be
paid to him in like manner, upon his
DARIEN, (Georgia,) SATURDAY, MAY 26, 1821.
producing a certificate from the Sur- ’
veyor General, setting forth a perfor
mance of the work, and the amount
due.
§ 10. And be it further enacted , That
the Surveyors who may be appointed
to run County and District lines, shall
receive three dollars and a half for
eaeh mile they may run and survey, as i
a full compensation for their service,!
out of which all incidental expenses ’
shall be paid; and the Governor is re
quired toissucJns warrant orultfJlcTea
surer, in favor of each of said
ors, for the sum of three hundred dol
lars upon their being called into ser
vice, and in like manner to pay any
balance which may be due, when the
work is completed, and the Surveyor
General shall certify the same.
§ll. And be it further enacted, That
the Territory acquired, as aforesaid,
shall be disposed of and distributed, in
the following manner, to wit:—After
the surveying is completed, and re
turns made thereof, his Excellency the
Governor, shall cause tickets to be
made out, whereby all the numbers of
Lots in the different Districts intended
to be drawn for, shall be represented,
which tickets shall be put into a wheel
and constitute prizes. The following
shall be the description and quali
fication of persons entitled to give
in their names for a draw or draws,
under this act: every male white per
son of eighteen years of age and up
wards, being a citizen of the United
States at least three years, and an in
habitant of this State three years imme
diately preceding the passage of this
act, including such as have been ab
sent on lawful business shall be enti
tled to one draw: every male peison of
like description having a wife or legi
timate male child or children under the
age of eighteen years, or unmarried
female child or children, shall have
two draws: all widows, with like resi
dence shall be entitled to one draw; all
families of orphans resident as afore
said, under the age of twenty one
years, except such as may be entitled
in their own right to a draw or draws,
whose father is dead, shall have one
draw. All families of o.phans, con
sisting of more than two, who have
neither father nor mother living, shall
have two draws; but if not exceeding
two, then such orphan or orphans shall
be entitled to one draw, to be given in
the county and district where the el
dest of said orphans resides, or where
the gurdian of the eldest resides: Pro
vided, That should such guardian or
such orphan or orphans, or the eldest
j of such orphans reside within the new
j ly acquired territory contemplated by
| this act, then such draw or draws shall
I be given in the nearest adjoining coun
j tv, within the organized limits of this
State, to that in which such guardian
may reside, or such orphan or orphans,
or the eldest of such orphans may re
side. All widows of like residence,
whose husbands were killed or died in
the service of the country in the late
wars against Great-Britain or the In
dia- s, shall be entitled to a draw, ex
clusive of that otherwise allowed by
this act to widows.. All orphans,
whose fathers were killed or died in
the service of the country, in the late
war against Great-Britain or the In
dians, shall be entitled to a draw ex
clusive of that ortherwise allowed by
this act to orphans: Provided , nothing
herein contained shall be so construed
as to entitle any person oi persons to a
draw or draws in the present contem
plated Land Lottery, who may have
been fortunate drawers in any previous
Land Lottery: Provided , that the citi
zens of this State, who come under this
act as above contemplated, and who vo
lunteered, or 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 substi
tute, or who may have deserted from tlfe
service of this State, or of the United
States, shall not be entitled to the pro
visions of this act as above contempla
ted, nor any of those who illegally
avoided a draft by removal or other
wise, and that no person or persons
who have removed from the organized
limits of this State, for the purpose of
avoiding the laws of this State, or who
have absconded for debt, shall in no wise
be benefitted by this act, and who have
not paid all taxes required of them. In
case any land is drawn by minors, the
grant shall issue accordingly upon pay
ment of the usual fees.
§ !2. And be it further enacted , That
nothing herein contained shall be so
j construed as to allow any convict in the
Penitentiary, to give in for a draw in
the present contemplated Lottery:
j Provided nevertheless, That the child j
or children, who have resided in this!
State three years, of any of said con
victs shall be entitled to a draw or;
draws in the same manner they would
; entitled, if they were orphans, and’
I may be given in for by tfedr mother, or
i other pegSfigkfidFi wh as%£&e they!
may be, and the grant or grants snail
issue accordingly to any lands so'drawn. j
§ 13. Atid 'be it further enacted 1 , Thit]
‘lists of peisons entitled to draws under!
this act, shall be made out by the Infe-!
rior court of each county, or such per
sons as they may appoint, (not excee
ding two to each battalion) within two
months from the publication of
act; and said Inferior courts of the se
veral counties of this State, or the per
sons they may appoint shall attend in
each captain’s district as often as ne
cessary, giving ten clays notice of sudh
attendance, for the'purpnse of taking
in names of persons entitled v to draws;
the names of persons entitled shall be
entered by the receivers in a book to
be kept for that purpose, a transcript
of which book, fairly made out, shall
be transmitted to the Executive, and
the original deposited with the clerks
of the Superior court of the respec
tive counties; and should the Inferior
court of any county, fail to take in
such names themselves, or to make the
proper appointments by the first clay of,
July next, then the clerk of the Su
perior court, (or his legal deputy in
his absence) in such county rnay make
such appointments; and said receivers,;
before they enter upon their duties,
shall take and subscribe the following
oath:—“l, -, do solemnly swear,
(or'affirm,) that I will not receive or
register any name, except the person
giving in shall first take the oath pre
scribed by this act—so help me God!”
Which oath, any of the justices f the j
Interior court is hereby requitted to j
administer; and the .person or persons
taking in names as aforesaid, shall ad
minister to all applicants for draws,
other than widows, guardians or next
friends of orphans, the follow ing oath,
to wit:—“l, , do soienmly swear
(or affirm) that I have been three years i
a citizen of the United States, and j
have resided if) this State three years
immediately preceding the passage of
this act, except absent on lawful busi
ness, and am now an inhabitant of the
same—that I was eighteen years of age
at the time of the passing of this act—
that I have (or have not) a wife and
child or children,that I have not given in
my name for any draw or draws in the
present contemplated land lottery,-in
any other part of this State—that I
have not draw n a tract of land in the
former lotteries in my individual ca
pacity, or as an individual orphan, and
that I did not directly or indirectly j
evade the service of this State, or of
the United States, in any of the late j
wars against Great-Britain or the In
dians”—and ad those who reside on j
the newly acquired territory, and who,:
in contemplation of this act, is entitled j
to a draw or draws, shall take the fol j
lowing oath, in addition to the one last;
mentioned—“ That I have paid all j
taxes required of me, that I have not I
withdrawn myself from the organized |
limits of this State, for the purpose of [
evading the laws, nor have I absconded
from debt,” —and ail guardians or next
friends of orphans, or children of con
victs in the Penitentiary, shall take the
follow ing oath—“And that the orphan
or family of orphans, or child or chili
dren whom I now return is, (or are)
entitled to a draw, or draws, under this j
act, to the best of my knowledge, so !
help me God!” The following oath
shall be administered to all widows—
“l do solemnly swear (or affirm) I am
a widow, that I have resided the three
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 lot
tery in any other part of the State, ancT
that I have not drawn land in the for
mer lotteries to the best of my know
ledge and belief —so help me God!”
—That all idiots and lunatics entitled
to a draw or draw* by this act, shall be
given in by their parents or guardians,
who shall take the following oath:—“l,
that the person whose name I now
give in, is an idot or lunatic, that he is
eighteen years of age, or upwards, at
the time of the passage of this act, 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 name, or as an individual
orphan—so help me God!”
§ 14. And be it further e?iacted , That
j immediately after the passage of this
; act, His Excellency the Governor shall
I cause the outlines thereof to be pub
! lished in such of the public Gazettes
|of tnis State as he may think prop ;r,
j and snail require all persons entitled to
j draws to give in their names to the per
sons authorised tu receive them; and
kaid persons taking in said nanos.- ait
[ receive twenty-five cents from each of
i said applicants for each draw.
§ 15 . ‘'And be it furthi r enacted, That
if any person entitled bv* this .act, to a
tit aw or draw s, shortkf, in ansc'ence or
, other unavoidable, cause, fail‘TO give
in Ins u.rt.u- within the rime herein pr e
scribed, i>- snail and may be lawful for
■ such person to make oath ot’ the draw
ordiaws to which he may he emitted,
before any justice of the Inferior court
of the A.ounty in u hich he may reside,
and make return thereof to tne Fxec u
| tire, at any time within one wedc bc
! tore .the commencement of the draw
; ing; and it shall and may be lawful,
| for any person or persons, who are en
j titled to a draw or draws in said lottery,
I who are leaving the S.aie on
.lawful business, to take the oath pre
siiibed bv tifisact. and deposit the same
in the clerk’s office of the county,
where such peison or persons may re
i side, and their names shall be register
j ed according to the; provisions of this
; act: Provided, such person shall swear
that he intends to return, and remain a
citizen of this State.
§ 16. And be it further enacted , That
fi'c persons shall be appointed by joint
ballot of the legislature, to superintend
the drawing of the iottery, to he con
vened at Miiledgeville, by the Gover
nor, when necessary, and tha r wbeie
ever this act imposes duties on the
. Governor, Surveyor General, Sun-ey
; ors, Receivers of Names, or Connpis-
I sioyers, such duties shaii be severally
performed with as time deiay as possi
ble, consistently with a due execution
of this act.
§ 17. And be it further enacted, That
as soon as sai'i fists are made out and
returned, his Excellency the Gover
| nor, for the purpose of carrying t'-e
1 lottery into effect, shall cause me
names of persons entitled to draws, !o
----; gether with other designating remarks
of residence, &r. to he placed on tic
kets as nearly similar as possible, which
shall be deposited in one wheel, and
the prizes on tickets of the like des
cription, shall be deposited in another
wheel, which prizes shall consist of all
squate lots in said territory not herein
reserved —and from each wheel as
nearly at the same time as may be,
a ticket shall be drawn and delivered
to the superintending managers, and so
on until the 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
corresponding therewith, said names
and prizes being first thoroughly mixed
in their respective wheels—and his
Excellency the Governor is required
j to give three weeks notice of the com
! mencement of the drawing.
§ 18. And be it further enacted , That
should there be more districts than is
; contemplated by this act, and Survey
ors elected for, or in* case the appoint
ment of any Surveyor shall become
vacant by death, resignation, or other
wise, his Excellency the Governor is
required to fill said vacancy—and in
case any Surveyor shall be found in
competent, or fail to execute the du
ties required of him by this act, his
office'shall be vacant, and his vacancy
filled in like manner.
§ 19. And be it further enacted , That
the Surveyors to be appointed in pur
suance of this act, shall, before they
enter upon their duties, take and pre
scribe the following oath: “I. ,
do solemnly swear (or affirm) that I
am twenty-one years of age, that I
will well and faithfully, to the best of
my skill and abilities, discharge the
duties which may be required of me
as Surveyor in the territory lately ac
quired—so help me God!”—which
oath the Surveyor General is required
to administer. The oath to be admin
istered to chainmen, by the respective
Surveyois, shall be as follows:—“I,
that to the best of my skill and judg
ment, I will measure all lines on which
I may be employed as chain carrier-,
as accurately, and with as litas devia
tion from the course pointed out t>/
No. 30.