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TrrauwKD of a”Thou?v.\
AN ACT
th ilt r* of an>t tlir latitN ln»«*Iv ac
quired bv !'.o f*. b’.a!»’s I* ir 11i * \\*v of (iooi v’ia
%t\ the Civ« lv Nation »#f Indian*, |»\ a l’i« at>
fnmtn iiiuI ronc!'tO«id at ihp Indiaii y *" '
tho twdfVii Hay l-Vbiuarv, Pi»ii(r»*a Han
dled and MTiity flvt.
iir it r»c •led l'; fh? Sf-nntr mu! Hni*p of
Pr< irAt'iW th'w« >[f Ikt State of (Ivorytit ki
41-limit.l.tt’m*'1,7 >ai(, oarf it is /nrefcy enact
ed blithe authority of the an me, '1 lint til*’ ^
torriioi't rfiRirrorl ol tin; Creek Natiofi "I J]
Indians by tlie Usiteil Fratos for tin’ tree ‘*1 1
FJeixrgia, a* lie ~ orilioil ill nrti*- !#:S of a Tron
ft rfitoreil into nml mtteltiilPil iM-tii'i-eii
Coniini^ini-iiSt on tin; part of lire l iiitHil
Stales, mill tUc Chiefs, Head Men uml
>V mriors of lire Profit Nation ol Indian:-'.
«t tire Indian Spring, on the 12th day of
Fait., 182ft, shall form and lioilividotl into
-five sections, as follows, to tvtt r —All that
I nirt of said territory tv hu h lies soirth ol a
ilte commencing or. the flint liver, oppo
site tvliere the linr dividing tin 1 counties ot
Houston and Dooly strikes said river, and
Tunning due west to the ('lwtul)<>0‘jiio,
fdtall for,n ivhut shell bo calloil Section tin;
First, arid the rr^ninal jurisdiction iln.re-
of shall hi; attache 1 to the county of Doo
ly.—All that part of si,id territory which
lies north of the lino uforesnid and sooth
of tin; line eonmieneing on Flint river, tqi-
frositCR here the original line dividing the
Counties ot' Monroe anil Houston, anil mu
lling due west to the ('hatnhoochie river,
shall form tin; Second Section, and the
criminal jurisdiction lhereof (re, and the
same i“ hi»vliy ntiorhiil to tiro comity of
ceynr fjencr i! ra.iv ilire. t. anil :•* ,o refit-n
at the same time a ,(1rM<*lloil pint ot o-nt'ti
lot and fraction Which said diMriet may
emituin, rnrrilieil and signed by siieli sur
veyor, which pint si m 11 he filed among the
records of the Surveyor General's nlK"o,
nml fmin n hicli copies shti'l he taken to lie
iitimf vd to grams: nml said surveyors
shall confi i m to -lu ll instruction** us they
may receive from tin e to time from the
Survey or (sciioral during their rout impure
ill office ; /’riviihtl, the same do not Mili
tate ngnitlftt this act. And the surveyors
\ ]’J. | a|ipointed to lav out section, reset v A dis-
lfonston. Anil nil that part of said terri
tory vv hreh Hog north ofthc Hue lust dfon—
said. and south id’ r. line cnmtiufiieing
on the Flint river, where the original line
dividing the counties of Henry nml Mon
ro,' strikes said river, and ninthng doe, west
until it strikes thet'linlahoochie i i\cr.shall
>•, nnd the siinir as herein' called the Third
Section, und the criminal juriHiUrtion tlicre-
of ntuii'lied to the county ofl’ike. And
till that part nl' said territory which lies
north <if said line nml east tyf the Chatii-
lioochie river, shall form the Fourth Secti
on, nnd the criminal jurisdiction thereof
shall he attached to .the county of Fat atte.
Ami nil that part of said territory lying
west of 11 io phutnhooehie river, and cast
of the dividing line lie tween tin's State nml
♦ ho Slate of A kiln turn, si in II flinii the Fifth
Section,nnd tliceriminnl jurisdiction theve-
of.shall he attacheil to the county ot’l'ike. •
Sec. i .hut b. it further enacted hi) the
duth irity aforesaid, That each of the secti
ons herein before laid out ami tleseribtvl,
shall he divided into disti icts of nine mid s
square-a* near a ornetiralile ; the district
lines miming parallel to this lines dividiirp
Sections, and erns-sad liy other lines at right
anglef . mid said districts so laid out, shall
be again subdivided by lines to he rdn in
like aireeiions into square tracts containing
each two hundred two and one halfucres, 1
marked and numbered according to the
plan heretofore pursued under the instruc
tions of the Surveyor General.
Fee. dlnd lie it further enacted, That
the fractional parts ot'surveys which may
he created hy the divisions and snbdivisi-
--Tins aforesaid shall he reserved for public
nsos, and he disposed of as a future, legisla
ture may direct.
Sec. 4. Jlnd be it furlhertnaeled. That one
bundled district surveyors sh'all he ap
pointed liy joint ballot of the legislature in
one general ticket ; and the person having
the highest number of votes, shall be enti
tled tothefirstchoice of districts,and in the
same order, agreeably to the number ol'
voles each surveyor may receive: vA. incase
■of n tie between any number of surv eyors,
then preference in choice shall he decided
liy lot in presence of the Surveyor Genc.iul.
Sec, 5. .Ind be it further enneted, That
ten persons shall he appointed hy joint bnl- :
lot of the legislature, neither of whom shall,
be a district surveyor, to run and plainly
mark tire several districts, reserves & sec
tional lines heroic, before directed, whose
duties shall In; apportioned by tho Sur
veyor General as nearly equal as practica
ble; nnd that no ticket shall he counted
•unless it contnins the names often persons.
Fee. li. And be it further t lUtrtal, That no
ticket for district surveyors shall he count-,
<d unless it contains one hundred names.
An’’ person elected a surveyor, who shall
f, • perform the duties of Jus olKee, ns
required hy the pro visions of this act, shall
In- • ut-iderod ns forfeiting Ins bond, nml
ji: if e \ arid his securities immediately liu-
ble tOercfor.
See. 7. And be it further enneted, That the
Surveyors respectively shall give bond in
the sum of ten thousand dollars to the Go
vernor and his successors in oilier, with
such security us he or a majority of tin 1 Jus
tices of the Inferior court of the county in
vvlii - h such surveyor duty reside tdinll ap
prove, conditioned tor the faithful perform
ance of tlm dun required of them tty this
net, which hi ml nail he deposited iu the
Executive office,
S -e, g. A id be it J'ilrliier enneted, That it
shall he the duty ot the surveyors appoint
ed in pursuance of this act, to make the stir-
Ycvs of the sections, reserves &. districts to
winch they may he appointed, in their own
proper person, to mark, or cause to be
marked plainly ami distinctly upon trees,
if pmctirnble, otherwise on posts, all stuti-
jotis&ulUincs which they may he required
n*o run, for the purpose of making the sitr-
,-ve vs of their respective sections, reserves &
districts, immediately upon hoing required
*o tQ do hy the Survey or General, to cause
ell such lines to ho measured with all pos
sible exactness, with a half chain coutain-
ing thirty three feet, divided Into fifty
equal links, which shall he adjusted by the
rSurveyor General, according to the stau-
•jdur.l in his oitie ; to take as accurately as
possible the meanders of all water cour-
*ie- which -nail f.irm natural houml-iries to
any of the si rf- • t > note in lid f book
to lie kept by «lien» t.actively, the name
of the corner a id itarc.r, - • . whicit shall
l»<- narked ,uid iMmitiered in ter ihn dirm>
tion of *h« F.-i.'Vev vr dutei'.il also all li
ver-, creeks aid <Mhcr 0 iter t, which
tnn i b- ; . ■! upon o- • , :mruonio.'
»ny of tb>-hues atfv -said, trarticriplv of
wiiic’u field Is'oks ai’vcr being compared
V: li the originals In the Surveyor Gem -
ral.uud certified and signed mi every page
trv ’he Surveyor returiiing the same, .Inn,
In dvpositorl in the Surveyor Gcm ra • ,t’- j
ti' and licoine a record; nnd the u,--
tri t surveyor* id,all m.ikc a return of their
W»rveyn uml w>rks wilhiH muety duvs
fi'o’ii the vhne they are noufied to enter
upOd the discharge ol their duties, con
taining H map <d ilfeir district, >n vvhiah
Bhaif lie correctly repnj*cnte.d and nuin-
b ri; I ull lots nnd fraction* ofstiid disiri, t,
anu wtitora litcreiu d^JmeaieJ us Urn ,-*at-
Ir’h't lie.es shall make return oftheir Works
to the Surveyor tlav'tiiI witliin nitty days
iVrfril flic lime they shall Is’ I’Oqilirtii to en
ter upon thr duties ol their otliea ot all
surh surveys as shall liavo been made on
the. east side oft he (.’lint ah uocltie riv or; and
as to the remainder of die territory within
sixty days from tire notification of the run
ning of the line butvicen this Stale and
Alabama.
See. h. And hr it further nut'ted, That
the district surveyors to lie appointed hy
this act, shall receive three dollars fi’r eve
ry mile that shall m tuallv he run or sui’-
\eyed as a lull eompen-ulion lor tire duties
required i fithem bv this act, out <T u Idcli
they shall defray tin* whole of the expi o-
ses incident to their ollices ; ami his K\-
ccllerit’y the (Joveriltir is hereby authoris
ed ami required to issue his win runt on
I lie treasury in favor of each of die afore
said surveyors, iipnu his being called into
service, to the amount of three limidved
dollars,to enable him vvilb the less delay
to enter upon his duties, and the balance
to which such surveyor may lie entitled,
shall l.e paid to Join in lii>< manner, upon
lii-s producing n certificate from th*‘ Htir-
veyor General setting forth a jierlbrmtince
of the work, and tire nmomit due. *<
See. 10. Ant! be it forth n , a?rb .7, That the
surveyors who may lie appointed to rim sec
tion, reserve \ district line:', shall receive
three dollars and fifty rents for cneli mile
tliev limy run ami surv ey, a- o lull coin-
pen sat ion for their scrv ii*e, out of which all
incidental expenses shall lie paid ; and the
governor is required to issue Ids warrant
on ■ tVo treasury hi favor of ^nch ol’ said
sm’vevnrs fur the Mini of three hundred
dollars upon their being called into ser-
v ice, uml in like manner to pay any bal
ance which may lie due when the work is
complete*!, and tho surveyor general shall
certify the same.
11. And be it farther enacted, That
the territory acquired us aforesaid shall ho
disposed of and distributed in the follow
ing manner, to wit: After the surveying is
completed and return made thereof, his
excellency the governor shall cause tickets
to Ik; made out, whereby all the numbers
of lots in the different districts intended to
lie drawn for shall ho represented, w hicli
tickets shall he put into u wheel and con
stitute prizes. Tho following shall be the
description and qualifications of persons
entitled to give in their names for a draw
or draws under this act: livery male w bite
\ erson of IF years of age and upward-, lie
kng a citizen of the t : . States and an inhalii-
! vat within the organized limits of this stute
three years immediately preceding tin-
pa-sage of this act, including such u- have
helm absent on lawful business, shall In 1
j entitled to one draw ; every mole person
of like description having a wife or legiti
mate mule child orehildren under IH years
of litre, or unmarried female child or chil
dren, resident us aforesaid, or who were
horn lv have ever since resided in this state,
shall have two draws; all widows with
the like residence shall lie entitled to one
draw ; and wives and children in this state
of persons who Imve been absent fromthis
state three years, shall he on the same
looting as m draws ns if the said husband
was (lend, uml the title to such lots as said
females or children may draw he vested
permanently in them ns though they were
widows nml orphans ; nil families of or
phans resident ns aforesaid, er who have
resided in this state from their birth under
the ago of eighteen years, except such ns
may he entitled in their own right to a
draw or draws, whose father is dead, shall
have r,no draw] all families of orphans
consisting of more than two shall have f w o
draws—hut if not exceeding two then such
orphan or orphans shall he entitled to one
draw, to he given in, in the county nml dis
trict where the eldest of said orphans or
where the guardian of the eldest resides :
Provided, That should such guardian or
Bueh orphan or orphans, or lira eldest of
such orphans reside within the organized
limits of this state, then such diavv or
draws shall he given in in tin* county in
which such guardian may reside, or Such
orphan or orphans or the eldest of such
orphans may reside; all widows of liki
residence, whose husbands were killed or
died iu the service of the country, or on
their return march, in the late wars against
Great Britain nr the Indians, shall he enti
tled to a draw exclusive of that otherwise
allowed hy this act to w blows ; all orphan
whose fathers were killed ordied in theser-
ofthe country oron theirfetiirn march
in the late wars against Great llrituin or
the Indians, shall he entitled to a draw ex
clusive of that otherwise allowed liy this
art to orphans; and all men w ho hut elinen
wounded or disabled in the lute war with
Great Britain or the Indians, so they urc
not able to procure :t competency for a sup
port, in consequence of their wounds, he
allowed one draw in addition; and they
shall take the following oath in addition—
I do solemnly swear, that I was wounded
iu I lie into w ar with Great Britain and the
Indians, ami am so disabled hy the same,
that it rentiers me imduhle to procure a sup
port Ivy my labor : Provided, That nothing
herein contain' d shall bn-so construed its
to entitle any person or persons to a draw
or draws iu the present contemplated land
lottery who may have been foriiinutc
drawers in any previous land lottery, ex
cept sui'li person# as have drawn land as
one of a family of orphans and who have
arrived at the age ot' eighteen, hut surh
person ahull be entitled to one draw, mid
tin* remainder ofaurli fmiiilien ol'ni pliaiis
shall )>(• entitled to one draw : And provid
ed. That nil widows of revolutionary sol-
bars «ba!l have one lira w in addition to
tlio-'e already contemplated by this art ;
and that all revolutionary soldiers who
wr re not fortunate drawers as revolution
ary soldiers in the late land lottery, shall
[ lie i milled to two draws as revolution
try soldiers ; and those who drew one
tract of laud in the former lottery as re
volutionary soldiers, one draw Provided,
lb.it the citizens of Ibis state w bo come
under ibis net as above contemplated, and
who volunteered or were legally drafted
in the late war against Great Britain or
tile Indians, arid raljjseyl to verve g tour of
de'y idt’ior :» paraon nr In s i .- or
who iiuiv have desertgd limn the service
of this slate, or of i he Fniti’d Fuues, shall
not he eu’jlledjo '.lie prov isious of ibis act
.is above coiiH’inpbited, nor any of those
who illegally avoided a limit, liv reimnul
or otherwise; mid that no person or per
sons wlm liavo remotod from the organiz
ed limits of this state for the purpose ol
avoiding the laws of this state, or who have
absconded for debt, shall in no wise he be
nefited hy this act, and who liavo not paid
all taxes required of them. In ease any
land is drawn hy iniirnrsthe grir'tt ntuill is
sue neeordingly upon payment rfl'the usu
al fees; Provided ulru, Nothing' herein
contained shall he construed to exrhidc
such persons as hy tho provisions of this
art are allow ed a dm tv or draw a.
Fee. 12. And he it further e muled, That
anvrale or transfer that any perso i tuiiit-
led to u cliauee or chances in this load lot
tery Mint make of swob ehoiire or chance-,
or may make of nut' lot or lots nl laud sticli I
persons may draw before the grant or
grants of the same are taken ont, shall l»e
void, it till any bond < r obligation er letter
of attorney given hy said parson to make
titles shall not be binding on sm-h person :
And further, It shall be illegal for any ma
gistrate or person authorised to tulminisiyr
an oiith.to nihniuiHer an oath to any per
son selling bis (Aiuneotir elintrces, lot or
lots, contrary to the provi-ions of this sec
tion, that Ire w ill make titles to the same.
Sec. |;t. . lud be it further enneted, That
nothing herein contained shall he so ron-
strired as to allow any convict in the Peni
tentiary, t-' giie in for a draw in the pre
sent ciiuteinplnted lottery: d , rovidtd m-
ve.rtheUtu, That the child or children, wlm
Imve csbled in this state three rears, of
any said convict, shall he cntitle.d tit a
draw or draw s, in the same manner they
w ould be entitled if they were orphans,
nml may lie git en ill for hy their mother or
other person under whose care they may
he, etiul the f/remt nr grants shall issue ac
cordingly to any lands so drawn— Provid
ed, no such convict has drawn in any of
the former laud lotteries of this State iu
his owll name.
Sec. 11. And be it further enneted, That
lists of persons entitled to draws under this
act, shall lie made nut hy the luferiorcntirt
of each county, or such persons as they
nmy appoint, (not exceeding' two to each
battalion) within t wo months iVtmi tire pub
lication ol’this act; and said Interior court
of the several counties of this state, or t lie
persons they may appoint, shall attend in
each enpuiin's district, at least twice, giv
ing ten days notice id'such attendance, for
the. purpose of taking the name's of lire
persons entitled to draws ; the names of
the persons entitled, shall be entered by
tire Receivers iu a hook to he kept for that
purpose, a transcript of which hook, fairly
iiiiiih; out, shall he transmitted to the Exe
cutive, and tire 'Original deposited with the
Clerk of the Superior court of the respec
tive counties ; und should the Inferior
court of any county fail to take in such
names themselves, or to make proper ap
pointments hy the lust day of September
next, then the Clerk of the Superior court,
(or his legal deputy in his ahsence) in such
county, may make such nppniuniiciith—
And said Receivers, bi-lure they enter up
on their duties, shall take und subscribe
the following oath : “ I
do solemnly swear (or
affirm) that I will not receive or register
uny mime, except the person giving
shall first take the oath prescribed by this
act—So help me God.” Which oath any
pistice of tho Inferior court, or justice of
the peace, is hereby required to adminis
ter, and the person or persons taking in
names ns aforesaid, shall administer to all
applicants for draws other than widows,
guardians or next friends of orphans, tin
following oath, To wit : “ I do solemnly
swear (or affirm) 1 hat I am a eitizciuif tin
nitod States, and have resided in this
state three years immediately preceding
tho passage of this act, except absent on
lawful business, and am an inhabitant id
the same ; that I was eighteen yearsofagi
it the time of the passing of this net; that
1 have, (or have not) n wile or child
hildreii ; that i have not given in my
natun for any draw or draws in the present
ionteinplated land lottery in any other
part of the stale ; that I have not drawn a
tract of land in the former lotteries in my
individual capacity, or as an individual or
phan, and that I did not, directly or imli
rectlv, e\ ado the service of this state or ol
the I’nited States, in the late wars against
Great Britain or the Indians.” And tire
widows of revolutionary soldiers shall take
the following oath or affirmation, (as tin
case may lie,) to the hast of their himwl
edge and belief, viz: “ Ido solemnly swear
or ullirm that 1 uni the widow of a revolt)
tionnry soldier to lire best of my know
ledge and belief—So help me God.” The
following oath slnill he administered to nil
married women entitled to draws nti ac
count of three years absence of ilnir bus
hands, us contemplated by this net, to wit
“ 1 do,solemnly swear or affirm tljqt my I ms-
hand has been absent from this state three
years,that I have resided the three last years
in this state, except absent on law ful hnsi
ness, and am now a resident in this disiri
that 1 ha\ e not pul in my name for a draw in
the approaching laud lottery in any otlre
part of tho state, A; that 1 have not draw
any tract oHaud in tltr dinner land loin
it her in my individual enpucity, or as an
individual orphan, to the best ofim know
ledge nnd belief. Fo help mo God.” Tin
following outli shall he uiimiiiislernd to tin
mother or next friend of any minor nr j
milv of minors who nmy he entitled to
draw or draw sou account of three yearn
absence oftheir father us contemplated hy
the act, to wit: ” 1 do solemnly swear
that the minor or family of minors whom
I uow return is or nru entitled to a draw
draws under this act to tlie'-hest of my
know ledge. ,So Jrelp me God.” The fol-,
lowing noth shall he administered to all
revolutionary soldiers w ho shall apply for
draws under this act; “ ] do solemnly
swear (or uflinn) that L served r.s a soldier
in tlie armies of the Foiled fetat-es during
the revolutionary w nr u tour or tours of
duty mid am entitled to a draw or draws
according to the provisions of this act.—
S*o help me God.” And nil giturdhuis nr
next friends oforphuns or children of con
victs in the Penitentiary, shall tuke the
follow ing oath : “And ilmt tho orphun, or
family nr orphans, <n the child or children
whom 1 now return, is (or are) entitled to
a draw or draws under this act, to tire host
of mv knowledge—-So help lire God. ■—
Tire following oath shall lie administered
to till widows: “ I do solemnly swear (or
ullirm) I am a widow, that I Imve resided
t Ire three Inst v cars in this stale, except ab-
s'gt;t uy lawful business, and nut now' resi
dent in this tziet; that I have not put. m
my irmic for u draw in tire present lottery
hi any other part of the state, and tnat i
have not drawn land in the former lotte
ries, t(* the I"- I of illy I:now! ilge .md be
lief—Fo help me God.” That nil idiot*
and hi unties entitled to n ih.uv nr draws
by tills act, shall he given in I", llreir re
«pc live par-ills or guardian , or 110x111111111
fi ifiid, who shall take lire Ihbuw ing oath : j
“ 1 do solemnly swear te r affirm) that the I
person whose name 1 now gi\i- iu, is an
idiot or lunatic ; that lie is eighteen years
of age or upwards at tho time of the pas
sage of ibis ‘act, mid entitled to n draw or
draws tinder this set t that he lure not
drawn land in any of the former land lot
teries of this state in his nuiiio, or as nil in
dividual orphan—So help me God.”
See la. .dud be it further ninrlt d, That
immediately after tho passage of this net.
Ins I'veellMicy the Governor shall eai'sc
the same to Ire published in such of ti e
public gazettes of this state as he may
think proper, uml .shall require all persons
entitled To draws to give in their names to
the poisons authorised to receive them,
ami said persons taking in snid names
shall receive twenty five cents front each
of said applicants for each draw.
See. 111. And be it further enneted, That
if any person entitled hy this net, to a
draw or draws, should by absence or other
unavoidable ranges, tail to give in his
name within the time herein prescribed, it
shall and may lie lawful fin - surh person
to make oath of tlie dravv nr draws to
which he nmy he entitled, before any jus
tice of the Inferior court of the county iu
which he may reside, and make return
thereof to the Executive, at any time be
fore the einumoncement of the drawing t
and it shall and may he lawful, for any per
son ov persons, entitled to a draw or draws
in sajd lottery, who are about leaving the
state on lawlul business, to take the oath
prescribed by this act, and deposit tho same
in tho Clerk's oliice of tlie county w here
■ok-Ii person or persons may reside, ami
thcr names shall he registered according
to the provisions of this act: Provided,
Surh person shall swear that he intends to
return nml remain a citizen of this state.
Fee. 17. And be it further enacted, That
five persons shall In; appointed by joint-
ballot of the Legislature, to superintend
tire drawing of the lottery, to he com encil
at Milletlgeville, hy the Governor, when
necessary, und that wherever this art Im
pose* duties on the Governor, Farveyor-
General, Surveyors, Receivers of names,
nr Commissioners, such duties shall he se
verally performed with as little delay ns
possible, consistently with a tine execution
nf this act.
Fee. 18. And be it further cnnrtrd, That
as soon ns said lists are made out and re
turned, his Kyelleney the Governor, for
the purpose of carrying the lottery into ef
fect, shall cause the names of persons en
titled to draws, together with other (Wig-
nating -remarks of residence, &c. to he
placed on tickets Us nearly similar ns pos-
ihle winch shall he deposited in oue wheel,
lind the - prizes on tickets of the like de
scription, sIihH he deposited in another
wheel, which prizes shall consist of all
square lots in said territory, not herein re
served—.And from each wheel, us nearly
at the same lime as may In), a ticket slin!
he drawn mid delivered to the Superin
tending Managers, at^ko on until tin
whole number of prlzusWc drawn out, nml
said Managers shall make due and parti
cular entry of the names so drawn mil
md the prizes corresponding thi n with
aid names and prizes being first thorough
lv mixed in their respective wheels. And
his Excellency the Governor is required
to give three weeks notice of tlie com
mencement of the drawing.
See. Jlk And be it further enacted, That
hoiild there he. more distrirtstban are con
templated hy this not, and Surveyors elect-
1 for, or in ease tire appointment, of any
Surveyor should become vacant, by death,
resignation, or otherwise, his F.xeellenev
Midi frnudult u! return ; m'dre'i-i-by ijeeuvr-
cl to he null mid void: and the: land- so
grant ed or dm wn, si nil revert and heroin 1
I lie properly of tire st nti* ; nml tin* que-tmu
of tire ini'1 I may I"; tl'icl upon scire facias,
tube issued from tin.ler the hands ot the
clerk of the Superior court's nl the county
or eounfi'M in which the land li' -, in lire
f the Governor of said slate for
time being, upon the aj'.jilieatioii ol
an*,' individual iigniti’-'t tin; tenant in p<>»-
se-iion ol the land nllndgod I" he fraudu
lently 'b'ltvvn. or r . i ii 1 **t tin; drawer there
of, Betting forth tho circumstances of fraud
iu said s-iro facias specially, and upon the
ivtilm of sai l scire t'rreias'with an entry
th-reon of ..erviee rll'erted hy any sheriff
of ntiv county of this slate, by leaving a
rnpv ther< of with the person named as de
fendant, or at his or tier notorious place
of abode, or hy the return of snob sheritl,
tit it { the defenuaiit is not to he found ; upon
vvhii'h return the court is authorised to
have service jicrfected hy an order for a
three months publication in one or more
oftlic public gazettes ot this state; which
rule, when duly published, shall he consi
dered as siillii'icitt service to authorise an
issue to lie made up under the direction of
tin’ court to try tire question of fraud.—
\ud iu case tire jury shall find the return
fraudulent, the court shall hy judgment
pronounce the grant issued on such return
and draw in he void, and order it cancel
led ; vvhii'h judgment, When transmitted
to the Purveyor General's office and Se-
retarv of Fiatr's office and entered of tile
there, shall he, of sufficient authority to
those officers to cancel tin* plats and grants
for Mich Fraudulent draws from their otli-
es respectively-. And tlie land when con
demned, shall belong mu- half to the state
nml the other half to the informer, and
subject to he laid oil’ Iretweeu the informer
md the state by writ of partition, to he
Cl
v\r,June 11
m,j . i concurred j,
tire ii'iiise(addiug tin
, F' aiikltn and Ogle
d.it on requesting Ifis
crimr to purchase eer-
thc Governor is requested to til! said va-
ane.y. Anti in case any Surveyor shall
ie found incompetent, or fail to execute
tire duties required of Idm hy lids act, his
dice shall he vacant, and his vacancy fil
led in like manner.
Bee. *40. And be it further enacted, That
the Surveyors to he appointed in pursu
ance of this act, shall, before they enter
upon their duties, take and subscribe the
following outh : “ 1 do solemnly
wear (or affirm) that I am twenty-one
years of age, that 1 w ill well and faithfully,
10 tire best of my skill and abilities, dis
charge the duties l\ bich may be required
of me ns Surveyor in the territory lately ne-
piii'ed—- So help me God.” Which oath
the Surveyor-General is required to ad
minister. The oath to be administered to
Ciiniutuen hy their respective Surveyors,
hall he as follows : “ 1 do soletnly swear
or affirm) that, to the best of my skill and
judgment, 1 will measure all lines on
which I may he employed as chain-carri
er, ns accurately and with ns little devia
tion from the course pointed out Ira the
Surveyor as possible, and given true ac
count of the same to the the Surveyor—
So help me God.” And similar oaths
shall he administered by the snid Survey
ors to all axe men and marker:
Sec. 41. And be it further enacted, That
live land to bo distributed under tire pro
visions of this art, shall be classed under
the following heads, viz.: First quality
river land, second quality river land, first
quality oak nnd hickory upland, second
quality oak and hickory upland, first qua
lity pine land, and pine land, and that it
shall he the duty of surveyors charged
with tlie btisitiess of dividing the distri<
into lots, to. note upon the separate plat oi
each lot which lie is required to tile in lire
Surveyor General's office, the quality of
each lot, according to the foregoing classes,
and that all persons who may draw lauds
under this net shall lie entitled to receive
grants lire the same conveying fee-simple
lilies on paying into the treasury of this
state the sum of eighiecn dollars; and uny
jivrsoil drawing, and failing to take out
Ids grant within two years from the date
of said draw, shall forfeit his or her right
to receive a grant to the land so drawn,
and the satire shall revert to the state, or
phans, hiliuties and idiots excepted. And
all persons who shall thaw lands in the lot
tery authorised hy this act, shall, whether
the same he granted or not pay taxes there
on, at tire saint) rates as for other lands of
of similar qualities, until they shall relin
quish tho sal lie to lire use of lire state by
writing, to he filed in the if the Fe-
crelary of Fiale. That till returns made
contrary to the true intent and meaning of
this act are declared to he fraudulent; and
all grants issued in consequence of any
dravv mailt in tljc contemplated lottery, m;
issued under lire direct-ion of the Superior 1 points:
court ol’the county in \\hicli the laud lies;
and to the proceedings ol said writ of par
ti tion nil behalf of the state, it si in I! be tin-
Inly of the Solicitors in this respective eir-
nits,tn attend. And vv iren the said lands
are so laid offi, the informer shall ho ctVtitl-
d to a plot and grant for his share, upon
the payment of'tlie legal office tees : Pru-
videei ncvrrtheli.es. That no return made by
or in behalf of orphan or orphans shall
ho pronounced fraudulent until his, her or
their legal guardian shall have been made
1 party to the scire facias, or other di.-;-
t person appointed hy the court in
which the ease is tried, to defend the ease
for the said orphan or orphans. ./hut pro
vided nlso, The proceedings under this
tion take, place within lburxeurs from
the dale of the drawing.
Bee. 24. . Ind be it further enacted, That
no ease after being eoium.'ireed as afore
said, hy scire facias, shall Ire svtt’.ed orcom-
proniiscd hy the informer orothrrwiso dis
posed of to the prejudice of the state, and
in ease it is, said land shall he liable to lie
returned by any other informer iu manner
above prescribed, mid division made there
of accordingly.
Bee. 2d. 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 vv Inch the said scire fa
cias shall issue, tlie following oath : “ I do
solemnly swear that in making this infor
mation l have no combination or under
standing directly or indirectly with the
drawer or any other person us the friend
of or on the part of tire drawer.
Fee. 2-1. And be. U further enacted, That
a quantity of land on tlie F int river oppu-
sii ; to the old agency and equal in size
to tire rcserv a on tire cast sideof the same
one mile square at Marshall’s terry oil the
Flint river including the ferry ; one mile
square at M’!ntosh's on the Ciiatahooebic
including tire fi-i ry ; and « reserve of five
miles square on the Chalahonehie river at
the Gowetnu falls and including tire satire,
tire northern boundary to cross the river til
a point one mile above tire lower shoal,he,
and the same is hereby set apart for piddle
purposes.
.lOflN ABF.RCR0MB1E,
Speaker nl die House of Keprcsentatires-
A1.1.KN fJ. POWKI.L,
President of tlie Senate.
Assented to, Oth June, 1825.
U. M. TROUP, Governor.
IFF l ire Editors of 1 lie several newspapers in
tins Fiale are requested to give the foregoing in 1
one insertion, anil lorn ai d their accounts to the
llxi-cative Otfiee for payment.
The S«’Ptool-
lie ainendments h
names of ,!• Hitm!
thorue) hi the m
Excellency toe Go
tain Burirait*', \ c.
The Senate also rt coded from their n-
lireiidmi-uls to tire hoi, and conCurfi .1 W'*tv
lire House iipproprinlilig lour thousand
dollars to aid id ttie erection ot' iMuiig-
inioitfin the i-ity of Fovtiiinnh to tire tins,
unity of Pulaski and Greene.
IIOI’SE OF REPRESENTATIVES.
MonUav, Jane 6.
Mr. t.vniphin from tlie select committee to
whom was lelericd so much of the Governor's
Mes«a"i' ns relates to the disposition which lias
oi often latterly unhappily evinced itself in tin*
diflio eiit hraoehes of iJu General Uovernn,ent, to
control fit - domestic a Hairs and to intermeddle'
with and endanger tin - peace, tlie repose and
onion of tlie Southern Status, presented a reports
vr liieh li-'ing read,
Mr. Kenan olli red a resnlution, Viliich was a.
greed to liy the House, as follows ;
It/salred, That his I-. vei Heirey tlie Governor
bo requested to lay before this Mouse, tin; evi--
donee 011 which he foniuls his rcinniks, iu his
message relative 'to 1 tic interference of the Unit
ed Fnues Government with mtr ilmni-slic nfluiis.-
On motion of Mr. Mi/ers, tlie follow ing resolu
tions were taken up and ngreed to hy the House «
U liereas it was a practice among fin; i oka Or*
tiints of the Gohmy and Province of Georgia*
republish from lime to time authentic accounts
of their condition—nnd whereas it would lie
highly expedient to revive 11 custom, which
would result in benefits not to present residents
of ilie State only, but even perhaps to their
most remote posterity—Therefore, Resolved,
that tlie Justices of the Inferior courts he, and
tliev arc hereby requested, to tarnish his Excel
lency the Governor for the use oftlic citizen aj>-
poiuted to culliile the llistoricul Documents, on oi*
before the first Monday in November next, with*
information ge'ionilly respecting their several
ouiilicst unrt particularly as to the following
OHORGIA 2>1!SISXrATUr.il
J.V SE.YATE—Tt F.sn w, June 7.
Tire Fi liate took up nml eunciirred ill
tlie resolution from tlie K. of R. authoriz
ing the Governor to Take forthwith etii-
cient measures for the protection of our
frontier against tlie depredations and en
croachments of the Creek, Indians ; and
In the resolution requesting the Justi
ces of the Inferior courts to furnish the
Governor, ler the use of the citi/.an ap
pointed to collate tho historical documents,
with iu forma tion generally, respecting
their sev eral counties.
Air, H'ulhcr railed up the resolution re
questing the Governor to purchase tlie
portraits of Generals Washington' and La
fayette, which was read, amended, and
agreed to, and is as follows:
fttsiJunl, tfint It in Hai rllpiipy- the Go*
vernor he requested to purchase two por
traits, one ot ti--u. George Washington,
and one of Gen. Lafayette, and him' the
sai 1 portraits elegantly framed and hung
up conspicuously in tin: Senate <'anther.
WrtiMistiAY. June8.
The Senate concurred in the resolution
from the li. of I!, tendering tlniiiks to His
Excellency the Governor and tlie United
Flutes’ commissioners, Col. IF, G* Camp
bell Hud Maj. ,1. Merrivveuther, for the
tress, j 11'i',severalire, z"al nml patriotism,
■whieh they have displayed in procuring a
cession ol territory so favorable to the in
terest- of Georgia, \ o ;
in tho resolution requesting His Excel
lency the Governor to employ some suita
ble person to examine a rout lot a canal
and road, or either, to connect the waters
of tire Gulph of Mexico, nml the waters of
tl*<’ Atlantic ; and
In the resolution authorizing him to ap
point soitie lit person to examine into nnd
report the names ol' those persons, who
under tlie lottery n| I,-■'(), appear to have
drawn the same lot of land, in order flint
such drawer may have a chance in the ap
proaching land lottery.
TmrnsDAT, June 0.
Tire Somite concurred in the amend
ments ninth’ hy the If. of II. to the hill to
idler and anu-iitl so much of the i-vlili sec.
of an act passed loth .May 1821, a- n 'ate:,
to the extension of time in making returns
on land supposed to fie fipndllhqitlv vh ’.vv p
1)1 the I dvry of Is’.’l,
1st. The soil; together with the nature, quali
ty Slid (|«anlUy "f its produce.
2d. Trails and Mimiiliutuiei.
,‘W. Natural History, in it comprehensive sensev
dtli. Natural and Artificial Cui iusitits.
full. Interne! (niprovciOi-iits, from one. period
eftiinc t" another.
titli Peculiar Settlement,their origin ur.d sub*
sequent history.
7th. Acaileitiiev and other Schools, together
wfth die state of learning.
sfii. Various Seels of Religion; removed or ex*
istiug.
9th. Manners, Habits and Amusements of tlie
People.
Resolved, also, *bat the Justices aforesaid fie
md they aie hereby requested to associate, w ith
them ill their respective counties, such distill-,
giiished citizens as they may deem jirojier.
Mr. U nison from tlie Coumii'.tee on the Slato
of the Republic, to whom vv.as referred tlie tom.
iminieatioii of lire Governor id this day,' present^
ed tho following report, to wit:
“ Resolved, that his Excellency the Governoc
he and he is Hereby authorised and required, to
take forthwith efficient measures to protect tho
Georgia frontier against the depredations or en
croachments nf the Creek Indians, hy .calling out,
a sufficient military finer, if found necessary.”
On motion to agree thereto, the yeas und navi
tv ere required to he recorded, and w ere. Teas 85;
Naysk. Those in the negative were Messrs.,
kdams, Fort, of Twiggs, and Kenan.
Tuesday, June 7.
Tire following message was brought from tho.
Governor, by Mr. Pierre, his Secretary:
KxrcL-riVE Dr.i-.vrtukS't, (
Nillcdj'critle, ~tli June, 1825. y
I bad hoped that in submitting to fire Iregis’a-
ture. the resolution of Mr. King*, fire abstract,
from theOovei nment paper, fire several resoluti
ons of the Legislatures of certain States, nnd tin;
reference to the doctrines maintained bv tlie Afi.
tornry General before tlie Supreme court at
Washington, in rases involving the question of
slavery or no slavery, arid had expressed my
own opinion upon them, I had done enough—Ju
cheet fid compliance, however, with Jhe expressed
wishes of the House of Representatives, 1 make-
this further communication.
Even from the moment we became ’parties to
fire Union, notwithstanding the guaranties of this
interest liy tlie Constitution, efforts Ifave been
made to render unavailing those guaranties—to
make inroads upon fire subject of firetn in variomc
modes, sometimes by open assaults, sometimes by
covert nets equally,injurious to fire interest* iu*^
volved, as disgraceful to fire parties intlicling the,
injury.
Tlirooghont this period, nnd to tire present,
moment, we have defetuli-d ourselves l:v memo-,
rial, remonstrance, resolution!!, supplications.
Sir. All reflecting men Imd foreseen that these
might serve the purposes of tlie times, because as
God would have it, Tor those times tlie strength,
and courage were with 11s. Now* the times are
changed—the strength has departed, and tlrey
would destroy fire interest that they might deg*
troy the moral principle which sustains it. The
spirit which animates the,a; disturbers 0! our
peuep. is of no ordinary kind. It is the same.!.*
that w hicli rallied under the banner of the Cross,,
and propagated religion hy the sivord. It stops
at no measures, it weeps over 00 distress, but
believing all means justifiable, and holy, ami con
secrated, marches to it? object without regard to
tigebr sex, and wars even with the sleep of tho
cradle. r l Itis is the very spirit of fiiuaticisni.—
Hut the other day Unit you the resolution of tho
state of Delaware, .formerly with us—now a-
gainst us. Maryland, losing her interest, will,
soon follow her example. The resolution of Mr..
King, preposterous a it is, is just as likely to
succeed as any other silly thing. Mr. King, ref*,
tainly one oftlic most aide men in council that.
Ids country has produced, proposes n> buv out
our Interest with our own property. Mr. kings
in token of tlie high value set upon this special
service, is sent Embassador to England to re-
fresh his memory there with till* law iu Soinmei
set’s case, which is also a favorite ono with our-
learned Attorney General. The G01 prnment.
paper at Washington, daring mote than Inal
ever been dared, announces that this is the ap
pointed time. The Attorney General represent
ing the t . states, say s lrefore the Sujii erne Court,
ripe nnd splendid argument, that slavery,
being inconsistent n ith the laws of God ami Ntf
tore, cannot exist—Do we want more; or shnth
we w ait until the principle being decided againd
ns, tlie execnliou issues, nnd the entire property
put up at public-auction, is bought in frinn tin*
proceeds of our public lauds / This is left to
y our decision.—The United States can cltnosc be*
tween our enmity nnd our luvi—nod when v-''
ofi’vr them the chniee, ynp perform the last aial
holiest ofdiita They have adopted a conceii-
audit they lovothatAiiure than they love us, H' 1 ;
v. ill cling to it, and throw ns of. j.’tii it will lr’
written in your history, that von did not srp- 1 '
rate Irotn the liousehi.ld without ndopting k |C
fraternal language:—('boose ve this day betwo"’
our ti ii-mhdiip and that worthless idol Jt” 1
set ttp uud worshipped,
n. M. TnniT.
On motion of Mr. [,mr The llohse Ice 1 '
the report of lire conjmittge to whom was 1
ted the Memorial nf the Monument Commita 4
c.l 8nvamiith, and went Hito comniittee of d*
whole on tile same, Mr. Jlmhuitl III fire I'l'iu-
1 ire follow ing was reported to the Itniee*.
Rr.-.o/r.-rf, That fm.i thoiisuml tlu'lars be, m>*>
fire same are hotchy npproprinled, In IIi.ii in d.
erectien ol Alomitvi uts in ibe Citv cf Sayau"-' 1
to tin- ip* rnnrii's of tire: tie amt Pulaski, and a- '•
bis Exculleirey fire Governor be authoiiS'd **
draw Oil the Tli aSyiy for the sunre.
TV 1 11 vr;-!*av, Jan" P.
On inolirn of Mr. Pnoipkiu—Resolved. Ik
our thanks lie teiidi rod to his K> felleney tin"
vernor and the United Slates' ContmissioM j
' i'oW:\ieti‘iu cur fee! /v-»