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