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SOUTHERN <j RECORDER. VOL. II. MILLEDGEVILLE, TUESDAY, MAY 22, 1821. No. 15. PUBLISHED WEEKLY, (ON TUESDAYS) BY S. CRA.YTULVD V R M. ORME, IkT THREE DOLLARS, IN ADVANCE, OR roUK DOLLARS AT TUE EXPIRATION OF THE YEAR. ‘ • . (P* Advertisements conspicuously Inserted at the customary rate*. » Jn the House of Representatives, ? Wednesday, 2d May, 1821. ( RESOLVEDfrhat His Excellency the Go vernor bo authorised and requested to have published in the newspapers printed in Mil- ledgeville, Augusta, and Savannah, the ex tract from the instructions of the Department of War to James P. Preston, esq. commissi oner, appointed by the President of the U- nited States, to adjust the claims of the citi- sens of Georgia under the late Treaty with the Crqek Nation of Indians, as contained In his communication of t he ilOth ultimo. Read and agreed to, DAVID WITT, Speaker of the House of Representatives. Attest—Wm. Turner, Clerk. In Senate, id May, 1821. Read and concurred in, MATTHEW TALBOT, President. Attest—Will. Robertson, Stc'y. Approved of, and the publications order ed to be made accordingly, 7th May, 1821. JOHN CLARK, Governor. Extract from the Instructions of the Depart ment of War to James 1’. I’reHou Esq. Com missioner, fcc. dated 5th April, 1821. 1 inclose you for your guidance in the dis charge of your duties, a copy of the late trea ty with the Creek Indians, duly certified, with a copy uf the agreement between the Commissioners of Georgia and the Chiefs of the Creek nation, and the relinquishment by the former of the claims of the citizens ol'Georgia against the said nation. , By reference to the Treaty and the agree mentbetween the commissioners of Georgia aid the Chiefs of the Creek Nation, you will perceive that the claims which are todve the suvject of your decision, are those of the ci- tizeas of Georgia against the Creek Motion, and that they are to be decided under such rues, regulations and restrictions, as the Pre sident shall prescribe. , In tlio discharge of your duty, the first pc(nt which will claim your attention is* wtat are the description ot' claims which, on a Vii- and just construction, are comprehend- edin ihe provisions of the treaty ; to d«ter- , moe which, satisfactorily, it will be proper f logonsider, in the first place, what are the deicription of claims, which, under such a construction, are clearly not comprehended .. inks provisions. Of the description of excluded claims, you ( wj) consider the following classes, j 1st. All claims originating in contractor I agreement between individuals of the State lolOooreia and of the Greek Nation, unless iusiumed by the latter previous to the signa- ltui of the treaty, in full council according Itotheir usage in such cafes. • » 1 Ihe propriety of excluding this class must, 3D» little reflection, he quite obvious. THe iraty provides for claims against the nation tirj uot for claims against individuals be- Jotipg to it A contract or agreement mi te*! assumed in the manner specified, is a thin against an individual qply, and conse- inRtly not provided for by the treaty, ttd. All claims against the Seminole In* Bis i.—The Seminole Indians reaming in Jvfda, through connected in some degree ivi the Creek Indians, do not constitute a pa; of their nation. They have never been col dered as such by the United States. Wfcave. been at war with the Seminoles wiWtit being at war at the same lima with thtjreeks, and with the latter without be- Inagutii the former. In the various trea- tie which we have held with the Creeks, incHngthe present, they have not been re- pranled. Being a distinct people, claims agS them, however originating, are not coiWehended in the treaty. All claims originating subsequent to thepth March 1802, the date of the appro val f the act regulating trade and intcr- couffwith the Indians, and to which the trcii 1 fefers. • litreaty itself having fixed on this pc- Tioiithe reason for the exclusion of this clasrsquires no observation. 4UAII claims originating in the depreda tiomhmmitted in a period of hostilities, or nre'XP thereto, ifnot prodived for in the trealWhich followed such hostilities. Theadusion of this class rests on a prim cip!e»|ifccUy well established between ci- vilizdftlions, and is believed to be equally apnliUe to Indian treaties. In its applica tion ithis case, it will exclude all claims Griming previous to the treaty with the CrecNation made at New-York the 7th Ausuitpo (“ f ,v| ' ich 1 ‘ ,[,c|o9e a ct »py> oxc"ior the Slaves provided to be given up bv thl article of said treaty ; and those Dri^iniil subsequent to the date thereof, an^pilous to the 29th June, 1798, the date die treaty at Colerain (a copy is cn- closrfixcept for the property pro\ ided to be giv'UP in the 7th article. itlwlaims provided fnr by the 2d arti- -1p of i treaty of Tort Wilkinson (a copy of whill enclosed) concluded 10th June, l8 Thc article of the treaty provides for that defcition of claims (originating subse- uuent the treaty of Colerain) which the art renting trade and intercourse with the fniiianidfhk'h reference has been already m2 ^provided for, and stipulated 5000 dollars f the payment of the same. That vou mu** able to ascertain the extent of this cl.e.f claiins, I enclose you a copy oj the saidt, to the 1 fth section of which 1 would pfliiiarly invite your attention. It is htod that there cannot he much doubt orldship in excluding this class of claims fiwWes the question, whether the oneratiSe 2d article of t ie Treaty does not tally release the Creek Nation from theta* for which it provides, and IL .iresutlon that they must have been ione sinceE if there lie any which are no/yet pa the provision of the Treaty for this purpose is still in force, and the sum pro vided for the payment, which la still unex hausted, w ill prevent any injury from result ing to individuals who mav hold such claims. This construction will in fact operate to the benefit of the citizens of Georgia, who may have claims against the Creek Nation, as it enlarges the fund out of which they are to he paid, by adding what may remain of the 5000 dollars stipulated for tnat purpose by the Treaty of Fort Wilkinson to the 250,000 dollars stipulated in the late Treaty for the same purpose. , Uth. Claims originating in set* prohibited by the laws. It is believed that the propri ety of excluding this class of claims will not require any observation. It will he, howev er, proper to remark, that the nature of the claims against the Creek Nation prior to the conclusion of .the Treaties of New-York and Colerain, being determined by those Trea ties, the effect ofthiscxclusion will only reach such as originated subsequent to the date of the latter, and 'previous to the passage ofthe intercourse act, that is, between the Kith' June 1728 and 30th March 1802. During this period of time, the only acts of Con gress in force relating to our intercourse with the Indians were those ofthe 19th May 1796 and 3d March 1799, both of which con tained provisions almost exactly the same, as the act of 30th March 1802, of which I have enclosed a copy. In the margin of that copy you will seethe variations of them noted ; by referrence to which, you will rea dily perceive what arts-were prohibited in relation to the Indians, during the period un der consideration, and consequently were sucli as could give rise to no just claims a- gainst the Creek Nation. By referring to these several classes of claims, which are not included'in the provisi ons of the Treaty, it will appear tliat the de scription of claims provided for may be comprised under the following classes. 1st. Claims for negroes belonging to the citizens of Georgia, who were prisoners a- mong the Creeks at the date of tile Treaty of New-York, and who Were to be delivered, up under the said Trqaty, but have not. been surrendered or satisfaction made fox the same—see 3d article of the Treaty. 2d. Claims for negroes and other proper ty taken subsequent to the Treaty of New- York, and in possession of the Creek Nati- ou at the date of the Treaty of Colerain, and not delivered up, or for which satisfaction has not been made.-—See 7 th article of the Treaty 2d. All claims against the Creek Nation originating gnihsequent to the date of the last Treaty, and previous to the passage sf the act regulating trad^and intercourse with, the Indians, viz: between the 29th June 1796 and 30th March 1802, not failing with in the description of claims provided for by" the 2d article of the Treaty of Fort Wilkin son, or any other qf the enumerated classes of claims which are not provided for by the Treaty. It is believedj jligt the greater por tion of the claims for tins period will bit found to originate in the absconding of slaves, »or straying away of cattle or hoisesfrom the owners into the Creek Nation, f 4th. Claims of the citizens of Georgia of a private nature originally, but which have been assumed by the Creek Nation previous to the datesuf the late Treaty. * When a claim is admitted, you will deter mine its amount by t'te value of the proper ty, at the time at which the right accrued to the claimant against the Creek Nation which time you will particularly note.— Thus the amount ofathe claims for negroc or other property, to h«»surrendered under the Treaties of New-York and Colerain,.will be determined by the palue of,the property at the time at which it ought {o hove been sur rendered. In the same mannei', the amount of claims oiigiuatii|g between the 29th Junt 1796 and 30th March 1802, will be derm in ed by the value of ihe property at the time at which thl claims originated against the Creek Motion. Take for example, th? case of an absconding slave, or a horse straying into the Creek Nation. Neither of iliese acts ftf themselves constitute a claim against the Tiatioa. In order lc^ this, the owner must have regularly reclaimed his propJIty from the individual into wliosg possession it came, and failing to obtain it, must have made his demand through tip: Agent, or go vernment, on the nation for redress. On the refusal or Neglect of the nation to give redress, his claim commenced against it; and consequrtitly, it is at that time the vatiu of the property ought to be determined. Claims founded on the assumption of the nation will be determined by such assump tion as to their amount and commencement It remains to give you some instruction as to the proof by which the claims ought to be sustained, and the mode of your pro ceeding. _ . The claims, being of a long standing, wilf require in the proof and investigation much caution. If the length ofthe time will make it difficult to establish just claims, it will at the same time furnish great facility in pas sing those that are fraudulent; and if the former consideration calls for liberality, the latter equally demands vigilance, in examin ing the proof by which the claims are at tempted to be substantiated. In this diffi culty much must be left to your sound dis cretion. The oam of the claimant to he tak en before a Justice of the Inferior court or Court of Ordinary will, in all cases, be re quired, in which he will state the time, place as to the fact, constituting the elaims, must be supported by at least one disinterested wit ness, whose oath must tie taken in the same manner as the claimant’s, and whose credi bility must he certified by the court. In this class of claims, originating in the assump tion ofthe nation, should that assumption be of recent date, or being of long standing, if not made with the knowledge or assent of the Agent, it will constitute a strong pre sumption against its fairness, and will require the strongest k most unquestionable proof to sustain it; and even with this precaution, if the assumption has been recent, the cause of the delay ought to be.satisfactorily explain ed, or if it has been made long since, the cause of the delay of payment ought in that case to be explained. The nature of the proof in the case of absconded slaves or strayed horse9 or cattle, has hern indicated In the example, which lias been given, as to the manner of ascertaining the amount in va lue of that description of claims. I will, however, summarily state, the proof which ought in these cases to be furnished, 1st. proof of ownership; 2d, of the loss or ab sconding; 3d, of being found in possession of an Indian of the Creek Nation ; 4th, of the usual demand in such cases; 5th, of refusal to surrender; Cth, of Application to the nati on through the government or Agent, and refusal or neglect of the nation to cause the surrender or make satisfaction. After what ha9 been said, it is believed that you will be at no loss as to the points which ought to.be proved in such descripti on of claims; always noting, that the claim ant must have been a citizen .of Georgia at the time the claim accrued. U is probable that the evidence which lias been from time to time taken to establish the claims, and which has been deposited in the archives of the qtate, may, tfio’ it cannot be admitted to establish them, furnish you with useful infonnatinn in testing the proof which may be adduced for that purpose; k in order that it may bo open to you, I have written to the Governor, requesting hjm to furnish you with all the aids to he derived from the archives of the State, The’records here will probably furnish much light, parti cularly 'as to the most important claims, and in order that you may he put in posses sion of it,you will weekly fjprnish a summary of such claims as you have examined, giving the name of the claimant, the nature of the claim, the time of its origin, with su<;h re- mavks as you may think will expedite the investigation here; such R9 ihe correspon dence which may appear to havetaken placb with ihe Agent, kc. ’' As soon as you can determine tlic time which will bp required for the performance of your duly, you will fix ena period for your final adjournment, of which due notice will he given to the citizens |Tf the state, thfoqgh the Governor. You will tlien close your proceedings, duly certifying ytfnr record and decisions, anil transmit them, with the documebts and proof adduced in favor (if the claims.cnrrtyrehending both thosp that may he admitted or rejected, classed under their proper beads, to this Department, in nrher that they may be laid before thel’resi dent for his approval. LAWOF GEORGI A. AN ACT To dispose of and distribute the lands Intely acquired by tin; United States lu.r tpc use ot Georgia,' of the Creek Nntio'n of Indians, by it treaty niude and concluded at tlic Indian Spaing, outlie eighth day of Junuary, eigh teen Ifitn li ed and tweuly one ; and to add the reserve at Fort Hawkins to the County of Jones. Be'tl enacted by the Senate and House of Representatives ofthe Siate of Georgia, in General Assembly met, and it is hereby enact ed, by the authority of ihe same, 'That the ter ritory acquired of*tlie Creek Nation of In dians by the United States, for the use uf Georgia, as described in articles of a treaty entered into, and concluded between Coin missioners on the part ofthe United Mutes and chiefs, headmen and warriors of tile Creek Nationoflndians.atthelndian Spring, on the eighth day of January, eighteen hun dred and twenty-one, shall form, and be di vided into five counties, as follows, to wit All that part of said territory which lies south of the line commeflfcing on the Ocmulgee ri ver, opposite the*town of Hartford and run ning due west to the Flint river, shall from one county, to be culled Dooley. All that part of said teVritory lying lie tween a line commencing, on the Ocmiilgd river opposite Fort Hawkins, and running due west to Flint river, and tile line first a hove described, shall form one other county to lie called Houston. • All that part of said territory lying be tween the last mentioned line, k. a line com ntencingatthe Seven Islands, on the Ocniul gee river, and running due west forty miles, then due south to tin: Flint river, shall, form one other county, to be called Monroe. All that part of said territory w hich lies west of the last mentioned line and a line commencing at the corner of Monroe coun ty, as above described, and running north to the (Jha'.ahoochie, shall form one other coun ty to be called Fayette. All that part of said territory which lies east of the last mentioned line, running from the corner of Monroe county, to the Chata- honchie, shall form one other county, tu be called Henry. , . S) 2. And be it further enacted by the au- aud circumstances under which the claim o-! thority aforesaid, That each of the counties riginaled, in a manner so specific as to ena-1 herein hefo, e laid out and describt d, shall be hie }ou to determine, whether it may he divided into districts of nine mi'cs square, as embraced in cither of the several classes which have been stated to he excluded, or comprehended in the Treaty, lie will also slate in his oath the value of the property at the time at which thecluiin originated, and will state that the property has never been returned, or satisfaction received, or reprisal made for the whole or part; if such should be the fact, or if partially received or made, to what extent. In case ofthe death of the o- riginal claimant, or where the person claim ing is not personally acquainted with the facts, the oath will he to tile best of his knowledge and belief; and in all cases the court before whom it may be taken, w ill cer tify the degree of credibility to which he may be entitled. Thu oath of the claimant, near as practicable, the district lines running parallel to the lines dividing counties, and ber of Surveyors equal to the number of dis tricts shall be appointed by joint ballot of the Legislature in one general ticket, and the per son having the highest number of votes, shall be eatitled to the first choice of districts, and In the same order, agreeably to the number of votes each Surveyor may receive ; and in case of a tie between any number of Survey ors, then preference in choice shall be deci ded by lot iu presence of the Surveyor-Gen eral. I) 5, And be it further enacted, That ten persons shn)l be appointed by joint ballot of the Legislature, neither uf whom shall be u District Surveyor, to run and plainly mark the several district and county lines herein before directed, whose duties shall be appor tioned by the Surveyor-Ueneral, as nearly e- qual as practicable: and that no ticket shall he counted, unless it contains the names of ten persons. (j 6 .And be it further enacted, That no> ticket for District Surveyors shall he counted unless it contains as many names as there are districts. Any person electt*] n Surveyor ho shall fail (o'perform the duties of hit office, ns required by the provisions of this act, shall be considered us forfeiting his bond, and himself and his securities immediately liable therefor. 7. And be it further enacted, That the Surveyors respectively, shall give bond in the sum of ten thousand dollars, to the Governor and his successors iu ofliqe, with such secu rity as he, ora majority uf the Justices ofthe Inferior court of the county, ip which such Surveyor may reside shall approve, conditi oned for the faithful performance of thedilties required of them by this act, w.hich bond shall be deposited in the Executive office. 8. And be it further fnacted, That it shall he the duty of .the'Surveyors appointed in pursuance, of this act, to make the Surveys of the counties and districts, to which they may lie appointed, in their own proper per son, to mark, or cause to he marked, plainly and distinctly, upon trees if practicable) other wise on posts; all cornels and stations and all lines which they may he required to run for the purpose of malting Ijie surveys of their respective counties and districts immediately upon being required »0 to do by the Survey or General, totalise all such lines to be mea sured witl) all possible exactness, with a half chgin, containing thirty-three feet, divided into fifty equal links, which shall be adjusted by the surveyor General, according to the standard, in his ofliau ; to lake as accurately as possible the meanders of all water courses which shall form natural boundaries to any of the surveys ; to pote ill field-books to be kept by them respectively,.the names ofthe corners and station trees which he narked and numbered under the direction ofthe Sur veyor General; also, all rivers, creeks and other Water courses which inay be touched upon or crossed, in running any ofthe lines aforesaid : transcripts of which field books, after being compared with the originals by the Surveyor General and certified and sign ed op every page by t ie Surveyor return ing the same, shall lie deposited in the Sur vey or-Generar^tolfice, and become a record: and the District Surveyor* shall make a re turn oflthejr shrveys and works within ninety days, from the time they are notified to en ter upon the discharge of their duties, con taining a map uf their district in which shall be correctly represented and numbered all lots and fractions of said district, und waters therein delineated as the Surveyor-General may direct; and also return at the.same lime a detached plat of each lot and fraction which said district may contain, ceflified and signed by such Surveyor : w hich plat shall be filed among the records ofthe Surveyor-Gener al’s office, and from which copies shall be ta ken to be annexed to grants : and said Sur veyors shall conform to such instructions as they may receive from time to time from the Surveyor General during their continu ance in othre : Provided, The same do not militate a gainst 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, us a full compensation for the du ties required of them by this act, out of which they shall defray the whole of the expenses incident to their,offices ; and bis Excellency the Governor is hereby authoiised and re quired to issue bis warrant on the Treasury, in favor of each of the aforesaid Surveyors, upon his being called into service, to the u- mount of three hundred dollars, to enable him with the less delay to enter upon bis do ties : and the balance to which such Survey or may lie entitled, siiali be paid to him iu like inanuer, upon his producing a certificate from the Surveyor-General, setting forth a performance of the work, and the amount due. 10. And be it further enacted, That the Surveyors who may be up|M>inted tu run County nod District lines, shall receive three dollars and a-lutlf for each mile they may run and survey, as a full compensation for tliei service, out of which all incidental expense shall he paid ; and the Governor ks required to issue his warrant on the Treasurer, in fa vorof each of said Surveyors, for the sum of three hundred dollars, upon their being cal led into service, und in like manner to pay any balance which may be due, when the work is completed, aim the Suiweyor-Geii eral shall certify the same. • ij II. And be it furlher enacted, That the Territory acquired as aforesaid, shall be dis posed of and distributed, iu the following j manner, to wit:—After the surveying siness, shall be entitled to one draw : every male person of like description tuning a wile or legitimate male child or children under the age of eighteen years, or un-married fe male child or children, shall have two draws; all widows with like residence shall lie enti tled to one draw ; all families of orphans resident as aforesaid, under the age of twen ty-one years, except such as may he enti tled in their own right lo a draw or draws, whose hither is dead, shall have one draw. All families of orphans consisting of more than two, who have neither father nor mo ther living, shall have two draws, hut if not exceeding two, (hen such orphan or orphans shall be entitled to one draw, to be given in in the county and district where the(eldeKtlof said orphans resides or where the guardian of the eldest resides : Provider^ that should such guardian or such orphan or orphans, or the eldest of such orphans, reside within the newly acquired territory contemplated hy this act, then such draw or draws shall he given in in the nearest adjoining county, w ithin the organized limits of this state, to that in which such guardian may reskle or such orphan or orphans, or the eldest of such orphans may reside.-*-AII widows of like residence, whose husbands were killed or died in the service of the Counti'V in the late' wars against tireut-Britnin or tne Indians, shall be entitled to a draw, exclusive of thut otherwise allowed by this act to widows.— All urphans whose fathers were killed or died in the service of the Country in the late wars against Great-Uritain or the Indians, shall be entitled to a draw exclusive of that otherwise allowed by this act to orphans; Provided, nothing bi-rein contained, shall be so construed as to entitle any person or per sons to a draw ur draws in the present con templated Land Lottery, who may have been fortunate drawers in any previous Land Lottery : Provided that the citizens uf this stute, who come under this art as above con templated, and who volunteered, or were le gally drafted in the late war against Great- Brituin or the Indians, and refused to serve a tour of duty either in person or by sulirti- tute, or who may Imve de erted from the service of this state, or of the United States, shall not be entitled to the provisions of this act as above contemplated,'nor any of those who illegally avoided a draft bj removal or otherwise, and that no person or persons who have removed from the organized limits of this stale, for the purpose of avoiding the laws of this stute, or who have absconded for debt, shall in no wise be bencfltted by this act, and w ho have not paid all taxes required of them. In case any land is drawn by mi nors, the grant shall issue accordingly upon payment of the usual fees. ^ 12. And be it furlher enacted, That noth ing herein contained, shall be so construed as to allow any convict In the Penitentiary, to give in for a draw in the present contem plated, lottery ; Provided nevertheless, That the child or children, who have resided in this state three years, of any of said convicts, shall be entitled to a draw or draws, iri the same manner they would be entitled if they were orphuns, and muy be given In for by their mother or other person under whose are they may be, and the grant or grants shall issue accordingly to any lands so drawn. 13. And bt it further enacted, That lists of persons entitled to draws under tins act, shall be made out by the Interior court of each county or such persons as they may appoint, (not exceeding two to each battal ion) within two months from the publication of this act; and said Inferior courts of the several counties of this stute, or the persons they may appoint shall attend in each cap tain’s district, as often as negessary, giving ten days notice of such attendance, lor the purpose of taking iu names of persons enti tled to draws—the names of persons entitled shall be entered by the receivers in a hook to be kept for that purpose, a truuscripi of which book, fairly made out, shall be trans mitted to the Executive, and the original de posited with the clerks of the Superior couit ofthe respective counties ; and should the Inferior court of any county, fail to lake in Buch names themselves, or to make tiis pro per appointments by the first day otauiy next, I hen the clerk of the Superior court, (or his legal deputy in his ubsence) in such county, may make such appointments, ami said receivers before they enter upon then duties, shall lake and subscribe the following oath ; “ l , do solemnly swear (or crossed hy other lines at right angles, and i completed and returns made thereof,liis tlx- said districts so laid out, shall he again sub- 1 •• . .. ... divided by into square “t* 1,0 laid out, shall he again sub- ( , e || ellC y tHe Governor,.shall cause tickets r * rf b,! ru . n . 111 directions u ' Hdl , 01lt) w |ierehy all the numbers of e trai ts, containing each, two hun* j n ||, e different Districts intended to be drtd tivo and an half owe,, marked and num bered according lo the plan heretofore pur sued under the instructions of the Surveyor- General. 3. And be it furlher enacted, That the drawn for, shall be represented, which tick ets shall he pul into a wheel and constitute prizes. The following shall lie the descrip tion and qualification of persons entitled to , . . - „ . . give in their names for a draw or draws, uii- frsctional parts of surveys which may be dl . r , hm HCt . every male white person of 18 created by the divisions and subdivisions a- J y ea j.g 0 f age and upwards, bring a citi'/.en of foresaid, shall be reserved for public uses, to , the UffireJ StHtesat least three years, and an be disposed of as a future Legislature may inHubitant of this state, three years iinmedi- affirm) that i will not receive or register any name, except tile person giving tu shall first lake the oath prescribed by this act—so help me God!” Which oath any ju.Uce of the Inferior court or Justice of the Peace is hereby required to administer, anil the person ur pci suns taking in nuiues as a- loresuiil, shall administer to all applicant* for draws, other than widows, guardians or next friends uf orphans, the following oath lo wit: ** 1 , do solemnly swear (or at- firm) that I have been three yeurs a citizen ofthe United Stales, and have resided in this stale three years immediately prece ding the passage of this act, except absent on lawful business, and am now an inhabi tant of the same—ill «• I was eighteen years of age at the time of tue passing ol this act— that 1 have (or have not) a wue and child or children—that 1 have nut given in my name fur any draw on draws in the present con templated laud lottery iu any other part of this state—thut ! have not drawn a tract ui land in the former lotteries in my individual capacity, or as an individual orphan, and that 1 did nut directly or indirectly evade the ser vice ul this state or of the L. Mates in any ul the late wars against Great-Britaiu or ihe Indians”—and all those who reside on Ule newly acquired territory, and who, iu con templation of this act, is entitled to a draw or draws, shall take the following oath, iu addition to the one last mentioned—“That 1 have paid all taxes required of me, that i have not withdrawn myself from tire organ ized limits of this state, for the purpose of evading the laws, nor have 1 absconded from debt,”—and all guardians or uext friends of orphans, or children of convicts in the Peni tentiary, shall take the follow iugoalli—“And that the orphan or family of orphans or God !” The Milo wing oath shall be admin istered to all widows—»" I do solemnly swear (or affirm) I am a widow, that I hava resides the three last years in this state, except ab sent 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 the former lojtones to the beat of my knowledge and belief, so help raW God.”—That all ideots and Lunatics entitled to a draw or draws by this act, shall be giv en in by their parents or goardiaos, who shall take the following oath 11 * —, do »o- lemely swear (or affirm) that the persoa whose name I now give in, is an ideot or lu natic, that he is eighteen years of age or up wards at the time of the passage ofthis act, k entitled to u draw or draws under this act, that lie has not drawndaud in anv of the for mer land lotterieAif this state in nis name, or as an individual orphan, so help tne God. I) 14. And be it further enacted, That Im mediately after the passage of Ibis net, Hits Kxocllency the Governor shall cause the outlines thereof tu be published in such of the Public Gazettes of this State as he may think proper, and shall require all persona entitled to draws to give in their name* to the persons authorized to receive then*, and. said persons taking in said names shall re ceive twenty-five cents from each of said ap plicants fnr each draw. • f; 15. And be it further enacted, That if any person entitled by this act, to a draw or draws, should by absence or other unavoid able cause, fail to give iu his name within the time herein prescribed, it shall and may ba lawful fur such person to make oath of tha draw or draws to which he may be entitled, before any justice of the Inferior court of the county in which he may reside, and make return thereof, to the Executive, at a- ny time, within one week before the com mencement of the drawing ; und It shall and may be lawful, for any person or persons, who are entitled to a draw or draws in said * lottery, who are about leaving the state on. lawful business, lo take the oath prescribed by this act, and deposit the same in the clerk’s office of th.e county where such person or versons may reside, and their names shall ve registered according to the provisions of this act: Provided, such person shall swear that he intends to return, and remain a citi- Ziui of this state. t) 16. And be it furlher enacted, That fivo persons shall be appointed by joint-ballot of the Legislature, to superintend the drawing ofthe Lottery, to be convened at Milledge- ville, by the Governor, when necessary, and that wherever this act imposes duties ori tha Governor, Burveyor General, Surveyors, Receivers of names, or Commissioners, such duties shall he severally performed with tys little delay as possible, consistently with A due execution of this act. (j 17. And be it further enacted, That at soon as said lists are made out and returned, his Excellency the Governor, for the pur pose of carry mg the lottery into effect, shall cause the names of persons entitled tp draws, together with other designating remark* of residence, kc. to be placed ou tickets at nearly similar as possible, which shall be de posited in one wheel, and the prizes on tick-, ets of the like description, shall be deposited Jn another wheel, which prize* shall consist of all stpiare lots in said territory not herein reserved—and from each wheel as oearlv at the same time as may be, a ticket shall hf* drawn and delivered to the snivel intending managers, and so un until the whole number of prizes are drawn out, and said manager* shall make due and particular entry of tha names so drawn out, and the prize* corres ponding therewith ; said names and }>rize* being first thoroughly mixed In then- res pective wheels—and his Excellency the Go vernor is required to give three weeks notice of the commencement of the drawing. i; 18. And be it further enacted, Thst should there be more districts than is contemplated by this act, and surveyoro elected for, or in case the appointment of any surveyor shall become vacant hy death, resignation, or o- thenvise, his Excellency the Governor, is re- , quired to fill said vacancy—and in cate any surveyor shall be found incompetent, or fail to execg e the duties required of him by tbia act, bis office shall be vacant, and his vacan cy filled in like manner. S$ 19. And be it further enacted, That tile Surveyors to be appointed in pursuance of this act, shall, before they enter upon their duties, take and subscribe the follow ing oath: “I , do solemnly sweur (or uflirm) that I am twenty-one yeurs of age, that I will well and faithfully, to the best of my skill and abilities, discharge the duties tvhicu may he required of me as Surveyor in the territory lately acquired, so help me God— which oath the Surveyor General is required to administer. The oath to be administered to chaininen by the tespective Surveyors shall In- its follows—“ 1 do solemnly swear (or affirm) that to the best of my skill at.d judgment, 1 will measure all lines on which I may be employed as chain carrier, as accu rately and with as little deviation from tb* course pointed out by the Surveyor as possi ble, ami give a true account of the same t* (lie Surveyor, so help me God; and similar oaths shall be administered by the said Sur veyors to all axemen and markers. ^ 20, And be it further enacted, That all persons who inay draw lands under this act, shall be entitled to receive grants for the same, conveying tee simple titles on paying into the treasury ofthis state the suns of nine teen dollars for each tract so drawn and granted and any person drawing, and fail ing to take out his grant within two year* from the date of said draw, shall forfeit th» land so drawn, and the same shall revert to the State. T hat all returns made, contrary to tile true intent and meaning of this act, are declared fraudulent; and all grants issu ed in consequence of any draw made in th* contemplated lottery, on such fraudulent re turn, are hereby declared to be null and void; and the lands so granted or drawn, shall re vert and become the property of the state; and tha question of fraud may be tried upo* scire facias, to be issued from under th* hands ofthe Clerks of the Superior Court* uf the County or Counties in which tha child or children whom 1 now return is (or direct; ' ' i at'eiy prec^iiig thepassage of this act, hvclii-l af e) entitled to a draw or draws under this Land lies in The name of the Goveruorof 4. And be it further enacted, That a num* dil ,g 4 \, c h a3 t , avtt b \. cll on law ful bu- > acl > t0 thR bci,t of m > knowledge, so help >n« I said fetate for the tuuo being, upon tbcajv-