creation

1806 Vol. 2 -- Page: (4)

Sequential Number: 001
Type: AN ACT

Full Title: To dispose of, and distribute the late cession of Lands, obtained from the Creek Nation, by the United States, in a treaty concluded at the City of Washington, on the fourteenth day of November, in the year one thousand eight hundred and five.

SEC. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That the Territory lately acquired from the Creek Nation, as described by the articles of convention made between Henry Dearborn, on the part of the United States, and Uche Hargo, William M`Intosh, Tuskenehau Chapco, Tuskenehau Enchau Thlucco, of the Creek Nation of Indians, duly authorized and empowered by the said Nation, shall be laid off in the following manner, viz. -- The dividing line between the counties of Baldwin and Wilkinson, shall be extended south forty-five degrees west to the Ocmulgee river; and all that part of the lately acquired Territory lying above said line shall be attached to, and considered [Illegible Text] [Illegible Text] part of the county of Baldwin; and all that part lying below said line, shall be attached to, and considered a part of the county of Wilkinson, except the reserve made in the aforesaid articles of convention.

SEC. 2. And be it further enacted by the authority aforesaid, That the said Territory shall be divided into thirty-eight districts, as nearly equal as they can be conveniently made by running parallel lines south forty-five degrees west, and others intersecting them at right angles. Which said lines shall be run by such person or persons as the Surveyor General may appoint, not being a District Surveyor.

SEC. 3. And be it further enacted by the authority aforesaid, That the land contained in the several districts, shall be divided by lines running parallel with the dividing lines of districts, and by others crossing them at right angles, so as to form tracts of forty-five chains square, containing two hundred two and an half [Illegible Text] each, plainly and distinctly marked in a manner different from the mode heretofore prescribed for marking lines in this state, to be pointed out by the Surveyor-General.

SEC. 4. And be it further enacted, That the fractional parts of surveys, which may be created by the natural or artificial boundaries of said Territory, shall be set [Illegible Text]for the redemption of the public debt under the direction of a future Legislature.

SEC. 5. And be it further enacted, That a number of Surveyors equal to the number of districts, shall be appointed by joint ballot of the Legislature, in one general ticket; and the person having the highest number of votes shall be entitled to first choice of districts, and in that order agreeably to the number of votes each Surveyor so appointed, may [Illegible Text]

SEC. 6. And be it further enacted, That if two or more persons shall have an equal number of votes, then and in that case it shall be determined by [Illegible Text] under the super-intendence of the Surveyor-General, which person or persons shall be entitled to choice of districts.

SEC. 7. And be it further enacted, That no ticket shall be counted, unless it be filled with the number of names from among the candidates, equal to the number of districts.

SEC. 8. And be it further enacted, That if any person shall offer and be elected a surveyor, who shall hereafter be found deficient in the qualification necessary to a due execution of the duties required by this act, it shall be deemed a forfeiture of his [Illegible Text] and himself and securities immediately liable therefor.

SEC. 9. And be it further enacted by the authority aforesaid, That the respective [Illegible Text] shall give bond in the penalty of ten thousand dollars, to his Excellency the Governor, and his successors in office, with such security as he, or a majority of the Justices of the Inferior Courts of the respective counties where the said surveyors may reside, shall approve of, for the faithful discharge of the trust reposed in them, and duties required of them by this act, which bond shall be taken by the Governor or the [Illegible Text] Justices, and deposited in the Executive Office.

SEC. 10. And be it further enacted, by the authority aforesaid, That it shall be the duty of the surveyors appointed in pursuance of this act, to make the surveys of the districts to which they may be appointed in their own proper person, to mark or cause to be marked, plainly and distinctly upon trees, if practicable, otherwise stakes may suffice, all lines which he may be required to run, for the purpose of making the surveys in their respective districts immediately after the boundary and district lines shall have been run by the proper authority, to cause all such lines to be measured with all possible exactness, with a half chain, containing two perches of sixteen feet and one half each, consisting of fifty equal links, which shall be adjusted by a standard to be kept for that purpose in the Surveyor General's Office -- to take as accurately as possible the meanders of all water courses, which shall form natural boundaries to any of the surveys -- to note in field books to be kept by them respectively, the [Illegible Text] of the corner and other station trees, which shall be marked and numbered in such manner as the Surveyor-General shall direct; also all rivers, creeks, and other water courses, which may be touched upon or crossed, in running or measuring any of the lines aforesaid -- transcripts of which field books after being examined with the originals by the Surveyor-General, and certified and signed on every page by the district surveyor returning the same, shall be deposited in the Surveyor General's Office, there to be preserved as a record -- to make a return within ninety days after the running the boundary and district lines as aforesaid, of a map of the district to which they may respectively be appointed, in which shall be correctly delineated, represented and numbered in such order as the Surveyor-General shall prescribe; all surveys within such district, and also, return at the same time, a detached plat of every such survey of land, certified and signed by them -- which plat shall be filed among the other records in the Surveyor-General's Office, and from which a copy shall be made to be annexed to grants, and to conform to such instructions as they may receive from the Surveyor General, from time to time during their continuance in office, and progress in the duties thereof, not militating with this act.

SEC. 11. And be it further enacted by the authority aforesaid, That the surveyors shall receive two dollars and seventy-five cents for every mile that shall be actually run or surveyed, as a full compensation for all the duty required of them by this act, out of which sum they shall defray the expenses of chain-men, axe-men, and every other expense incidental to the said business; and his Excellency the Governor is hereby authorized and required to issue his warrant on the Treasurer in favour of each and every surveyor, immediately after the boundary and district lines are completed, to the amount of one hundred and fifty dollars, to enable them to proceed without delay to the execution of their duties; for the balance of which by this law they may be entitled, they shall receive a warrant in like manner, on producing to his Excellency the Governor a certificate from the Surveyor-General, setting forth that such surveyor has completed the duties assigned him, and made his return conformably to this act.

SEC. 12. And be it further enacted by the authority aforesaid, That the surveyor or surveyors, who may be employed in dividing the said territory into counties and districts, shall receive the same compensation for each mile run and surveyed, as is allowed by this law for other surveyors, out of which all expenses incidental thereto must be paid, without any additional charge on the state; and his Excellency the Governor is required to grant his warrant on the Treasurer for [Illegible Text] that service, so soon as he shall be advised by the Surveyor-General of its completion.

SEC. 13. And be it further enacted by the authority aforesaid, That the said land shall be distributed by lot in the manner following, to wit: -- After the surveying is completed, and the returns made to the Surveyor-General, his Excellency the Governor shall cause tickets to be made out, whereby all the numbers of surveys in the different districts shall be represented, which tickets shall be put into a box to constitute [Illegible Text], with others to be denominated blanks; of which blanks the number or amount shall be determined by subtracting the number of prizes from the whole number of draws to which the said lottery shall be subject, upon the following principles, that is to say: -- Every free male white person, twenty-one years of age and upwards, being a citizen of the United States, and an inhabitant of this state, three years immediately preceding the passage of this act, and paid a tax towards the support of Government, (including such as may be absent on lawful business) shall be entitled to one draw -- every free male person of like description, having a wife or legitimate child or children under the age of twenty one years, shall be entitled to two draws -- all widows with like residence shall be entitled to one draw -- all free female white persons, [Illegible Text] have arrived to the age of twenty-one years or upwards, who have resided in this state as above, and are unmarried shall be entitled to one draw -- and all families of orphans residents as aforesaid, under the age of twenty one years, whose father is dead, shall be entitled to one draw -- and all families of orphans consisting of more than one, who have neither father nor mother living, shall have two draws; but if only one, then such orphan shall be entitled to one draw, which shall be given, in the county and district where the eldest of said orphans or orphan resides: -- Provided nevertheless, That the person or persons who drew a prize or prizes in the late Land Lottery, shall be excluded from any participation in the present Lottery.

SEC. 14. And be it further enacted, That lists of persons entitled to draw in conformity to the provisions of this act, shall be taken and made out within three months from the passing of this act, by such fit and proper person or persons, as the Inferior Court of each county in this State, shall or may appoint for that purpose, not exceeding two to each battalion district, and it is hereby declared to be the duty of the said Inferior Courts respectively, to make such appointments for the purposes aforesaid, to attend at the place of holding Justices Courts in each captain's district, on as many several days as the said Inferior Courts may deem necessary, and appoint for that purpose -- and it shall be the duty of such person or persons, so appointed, to take and make out such lists, and to give at least ten days notice of such attendance, in the aforesaid captains districts, and the names of persons so entitled to draws, with the number of draws to which they may be entitled, shall be entered in alphabetical order, in a book to be provided for that purpose, which lists or books shall, immediately after the same shall be completed, and transcripts thereof deposited in the office of the clerks of the Superior Courts, be transmitted by the said person or persons to his Excellency the Governor. And the said persons, thus appointed by the Inferior Courts, shall, before they enter upon the execution of the duty required of them by this act, take and subscribe the following oath -- to wit: "I, A. B. do solemnly swear or affirm, (as the case may be) that I will not receive or register any name, except the person giving in, shall first take the oath prescribed by this act -- So help me God." Which oath any Justice of the Inferior Court is hereby required to administer -- and the said person or persons appointed to take the lists as aforesaid, shall administer to all applicants for draws, other than widows, the following oath -- to wit: "I, A. B. do solemnnly swear or affirm, (as the case may be) that I am a citizen of the United States, and have resided in this state three years, immediately preceding the passing of this act; and am now an inhabitant of this district, that I am twenty-one years of age, that I have a wife, child, or children (as the case may be) that I have not given in my name for any draw or draws, in the present contemplated Lottery, in any other part of this state, that I have not drawn a tract of land in the former Lottery, and that the orphan or family of orphans whom I now return, is, or are entitled to a draw or draws, under this act, to the best of my knowledge -- So help me God." And to all widows the following oath: "I, A. B. do solemnly swear or affirm, (as the case may be) that I am a widow, that I have resided the three last years in this state, 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 this state, and that I have not drawn land in the former Lottery, to the best of my knowledge and belief -- So help me God."

SEC. 15. And be it further enacted, That the person or persons appointed by the Inferior Court to receive and enter the names of applicants entitled to draws in the present Lottery, shall receive for each draw so entered, twelve and an half cents. And his Excellency the Governor is hereby authorized and required forthwith to issue his proclamation, and cause the same to be published in one of the Gazettes of the Cities of Savannah and Augusta, and in those of Louisville, [Illegible Text], Washington and [Illegible Text], setting forth the outlines of this act, and requiring all persons interested therein to exhibit their claims in the counties of their respective residence.

SEC. 16. And be it further enacted, That as soon as the lists of persons entitled to draws in the lottery as aforesaid, shall have been received at the Executive Department, his Excellency the Governor shall cause tickets to be made out for carrying the said lottery into effect, in the following manner, that is to say: -- Blank pieces of paper, equal in number to the whole number of draws to which the lottery may be subject, and as equal in size as possible, shall be prepared, and on them shall be written separately, the names of the several persons entitled to draws as aforesaid, and the designatory remarks which may appear against each name; and the pieces of paper so written on, shall be deposited in one wheel, and the blanks and prizes on pieces of paper, also as equal in size as possible, shall be deposited in another wheel; and from each wheel, as nearly at the same time as can be, one ticket shall be taken and delivered to the managers appointed to superintend the drawing of said lottery; whose duty it shall be to have the name, if a prize should be drawn against it, entered in a book to be provided for that purpose, and opposite thereto the number of the lot so drawn, and the number of the district, and the name of the county in which the same may be. And that his Excellency the Governor shall cause one month's notice of the day the drawing of the lottery will commence, to be given in the several Gazettes aforesaid.

SEC. 17. And be it further enacted, That where vacancies may happen by death, resignation or otherwise, of any district surveyor or surveyors appointed in pursuance of this act, the Governor is authorized and required to fill up such vacancy or vacancies. And in case any surveyor shall fail to execute the trust reposed in him, either from inattention or otherwise, in such manner as in the opinion of the Governor may render doubtful the finishing the surveys within the time limitted, he shall have power to declare such appointment vacant, and to fill up the same as in case of other vacancies.

SEC. 18. And be it further enacted by the authority aforesaid, That the surveyors to be appointed in pursuance of this act, shall before they proceed to the duties of their appointments, take and subscribe the following oath or affirmation, to wit: "I, do solemnly swear or affirm, (as the case may be) that I will well and faithfully to the utmost of my skill and abilities discharge the duties of Surveyor for district No., agreeably to the requisitions of this act -- so help me God." Which oath the Surveyor General is authorized and required to administer. And all chain-men to be employed in pursuance of this act, shall before they enter severally upon their duty, take the following oath or affirmation, to wit: "I, do solemnly swear or affirm (as the case may be) that I will to the utmost of my skill and judgment, measure all lines which I shall, or may be employed on as a chain-carrier, as accurately, and with as little deviation from the courses pointed out by the surveyor as possible, and give a true account of the same to the said surveyor -- So help me God." Which oath the District-Surveyors are hereby empowered and required to administer.

SEC. 19. And whereas, it may so happen that persons may have surveyed lands in the aforesaid cession contrary to law, and on which grants may have issued:

Be it therefore enacted by the authority aforesaid, That all such surveys or grants, are hereby declared to be null and void, to all intents and purposes, as though the same had never been made or issued; nor shall any survey or grant in the aforesaid cession, be admitted to a Jury, as evidence of the title to the lands in this act described, except those obtained by virtue and under the authority of this act, any law to the contrary notwithstanding.

SEC. 20. And be it further enacted, That all persons against whose names lands may be drawn in pursuance of this act, shall be entitled to receive grants for the same, vesting in them fee simple titles, on paying into the Treasury of this state, the sum of six
dollars per hundred acres, in lieu of all fees of office and other charges for surveying and granting the said lands. -- Provided nevertheless, that if any person or persons entitled to such grant or grants, shall fail to pay the aforesaid sum, and take out such grant or grants, within twelve months from the completion of the lottery, the same shall revert to, and be vested in this state, and appropriated for the redemption of the public debt.

SEC. 21. And be it further enacted by the authority aforesaid, That all returns made contrary to the true intent and meaning of this act, are declared to be fraudulent; and all grants issued in consequence of any draw made in the contemplated lottery, on such fraudulent return, is hereby declared to be null and void, and the land so granted shall revert to, and become the property of this state.

ABRAHAM JACKSON, Speaker of

the House of Representatives.

JARED IRWIN, President

of the Senate.

JOHN MILLEDGE, Governor.

Approval Date: Assented to June 26, 1806.

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA [Illegible Text] AT LOUISVILLE—AT AN EXTRA SESSION IN JUNE, 1806.
ACTS OF THE STATE OF GEORGIA.

1806 Vol. 2 -- Page: (16)

Sequential Number: 002
Type: An Act

Full Title: To amend an act, entitled "An act to organize the Counties of Baldwin and Wilkinson."

SEC. 1. BE it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and by the authority of the same it is hereby enacted, That an election shall be held in the county of Baldwin, at the house of George Hill, commonly called Hillsborough, on the second Monday in July next, for the election of Clerks, Sheriff, Coroner and County Surveyor, for the said county; at which election all free white male citizens who have arrived to the age of twenty-one years, who were resident in, and citizens of the said county, on the first day of June, one thousand eight hundred and six, shall be entitled to a vote; which election shall be opened and conducted in the manner prescribed by the act regulating elections in this State.

SEC. 2. And be it further enacted, That it shall be the duty of the Justices of the Inferior Court, Sheriff and Clerk of the Superior Courts of Baldwin and Wilkinson counties, as soon as possible after the said officers are commissioned, to proceed to select the Grand and Petit Jurors for the counties aforesaid; and shall also proceed to draw the said jurors for the next term of the said courts, and cause them to be subp[oelig]naed, at least four days before the meeting of the said courts, anything in the act entitled "An act for the better selection and drawing of Grand Jurors for the several counties in this state;" or any law usage or custom to the contrary notwithstanding.

SEC. 3. And be it further enacted, That this act shall continue and be in force until the first Monday in June next, and no longer,

ABRAHAM JACKSON, Speaker of

the House of Representatives.

JARED IRWIN, President

of the Senate.

JOHN MILLEDGE, Governor.

Approval Date: Assented to June 26, 1806.