Georgia Land Lottery Act of 1821

 

Act of the Georgia General Assembly

June 9, 1821

 

Act 716

AN ACT to dispose of and distribute the lands lately acquired by the United States for the use of Georgia, of the Creek Nation of Indians, by a treaty made and concluded at the Indian Spring, on the eighth day of January, eighteen hundred and twenty-one; and to add the Reserve at Fort Hawkins to the county of Jones.

Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That the territory acquired of the Creek Nation of Indians by the United States for the use of Georgia, as described in articles of a treaty, entered into, and concluded between Commissioners on the part of the United States, & the chiefs, headmen and warriors of the Creek Nation of Indians, at the Indian Spring, on the eighth day of January, eighteen hundred and twenty-one, shall form, and be divided into five counties, as follows, to-wit:

All that part of said territory which lies south of a line commencing on the Ocmulgee river, opposite the town of Hartford, and running due west to the Flint river, shall form one county, to be called Dooley.

All that part of said territory lying between a line commencing on the Ocmulgee river opposite Fort Hawkins, and running due west to Flint river, and the line first above described, shall form one other county to be called Houston.

All that part of said territory lying between the last mentioned line, and a line commencing at the Seven Islands, on the Ocmulgee river, and running due west forty miles, thence due south to the Flint river, shall form one other county, to be called Monroe.

All that part of said territory which lies west of the last mentioned line and a line commencing at the corner of Monroe county, as above described, and running north to the Chattahoochee, shall form one other county to be called Fayette.

All that part of said territory which lies east of the last mentioned line, running from the corner of Monroe county, to the Chattahoochee, shall form one other county, to be called Henry.

Sec. 2. And be it further enacted by the authority aforesaid, That each of the counties herein before laid out and described, shall be divided into districts of nine miles square, as near as practicable, the district lines running parallel to the lines dividing counties, and crossed by other lines at right angles, and said districts so laid out, shall be again subdivided by lines to be run in like directions into square tracts, containing each two hundred two and a half acres, marked and numbered according to the plan heretofore pursued, under the instructions of the Surveyor General.

Sec. 3. And be it further enacted, That the fractionable parts of surveys which may be created by the divisions and subdivisions aforesaid, shall be reserved for public uses, to be disposed of as a future Legislature may direct.

Sec. 4. 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 the first choice of districts, and in the same order, agreeably to the number of votes each Surveyor may receive; and in case of a tie between any number of Surveyors, then preference in choice shall be decided by lot in presence of the Surveyor General.

Sec. 5. And be it further enacted, That ten persons shall be appointed by joint ballot of the Legislature, neither of whom shall be a District Surveyor, to run and plainly mark the several district and county lines herein before directed, whose duties shall be apportioned by the Surveyor General, as nearly equal as practicable -- and that no ticket shall be counted, unless it contains the names of ten persons.

Sec. 6. And be it further enacted, That no ticket for District Surveyors shall be counted unless it contains as many names as there are districts. Any person elected a Surveyor who shall fail to perform the duties of his office, as required by the provisions of this act, shall be considered as forfeiting his bond, and himself and his securities immediately liable therefor.

Sec. 7. And be it further enacted, That the Surveyors respectively, shall give bond in the sum of ten thousand dollars, to the Governor and his successors in office, with such security as he, or a majority of the Justices of the Inferior court of the county, in which such Surveyor may reside, shall approve, conditioned for the faithful performance of the duties required of them by this act, which bond shall be deposited in the Executive office.

Sec. 8. And be it further enacted, That it shall be the duty of the Surveyors appointed in pursuance of this act, to make the Surveys of the counties and districts, to which they may be appointed, in their own proper person, to mark, or cause to be marked plainly & distinctly upon trees, if practicable, otherwise on posts, all corners and stations & all lines which they may be required to run for the purpose of making the surveys of their respective counties and districts, immediately upon being required so to do by the Surveyor General, to cause all such lines to be measured with all possible exactness, with a half chain containing thirty three feet, divided into fifty equal links, which shall be adjusted by the Surveyor General, according to the standard in his office; to take as accurately as possible he 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 names of the corners and station trees, which shall be marked and numbered under the direction of the Surveyor General; also, all rivers, creeks and other water courses which may be touched upon or crossed, in running any of the lines aforesaid; transcripts of which field books, after being compared with the originals by the Surveyor General; and certified and signed on every page by the Surveyor returning the same, shall be deposited in the Surveyor General's office, and become a record; and the District Surveyors shall make a return of their surveys and works within ninety days from the time they are notified to enter upon the discharge of their duties, containing a map of their district, in which shall be correctly represented and numbered all lots and fractions of said district, and waters therein delineated, as the Surveyor General may direct; and also return at the same time a detached plat of each lot and fraction which said district may contain, certified & signed by such Surveyor; which plat shall be filed among the records of the Surveyor General's office and from which copies shall be taken to be annexed to grants; and said surveyors shall conform to such instructions as they may receive from time to time from the Surveyor General during their continuance in office; Provided, The same do not militate against this act; And the Surveyors appointed to lay out county and district lines, shall make return of their works to the Surveyor General within sixty days after the passage of this act.

Sec. 9. And be it further enacted, That the District Surveyors to be appointed by this act, shall receive two dollars and fifty cents for every mile that shall actually be run or surveyed, as a full compensation for the duties required of them by this act, out of which they shall defray the whole of the expenses incident to their offices; and his Excellency the Governor is hereby authorized and required to issue his warrant on the Treasury, in favor of each of the aforesaid Surveyors, upon his being called into service, to the amount of three hundred dollars, to enable him with the less delay to enter upon his duties; and the balance to which such Surveyor may be entitled, shall be paid to him in like manner, upon his producing a certificate from the Surveyor General, setting forth a performance of the work, and the amount due.

Sec. 10. And be it further enacted, That the Surveyors who may be appointed to run County and District lines, shall receive three dollars and a half for each mile they may run and survey, as a full compensation for their service, out of which all incidental expenses shall be paid; and the Governor is required to issue his warrant on the Treasurer, in favor of each of said Surveyors, for the sum of three hundred dollars, upon their being called into service, and in like manner to pay any balance which may be due, when the work is completed and the Surveyor General shall certify the same.

Sec. 11. And be it further enacted, That the territory acquired as aforesaid, shall be disposed of and distributed, in the following manner, to wit: After the surveying is completed and returns made thereof, his Excellency the Governor shall cause tickets to be made out, whereby all the numbers of Lots in the different Districts intended to be drawn for, shall be represented, which tickets shall be put into a wheel and constitute prizes. The following shall be the description and qualification of persons entitled to give in their names for a draw or draws, under this act: every male white person of eighteen years of age and upwards, being a citizen of the United States at least three years, and an inhabitant of this state, three years immediately preceding the passage of this act, including such as have been absent on lawful business, shall be entitled to one draw; every male person of like description, having a wife or legitimate male child or children under the age of eighteen years, or unmarried female child or children, shall have two draws; all widows with like residence shall be entitled to one draw; all families of orphans resident as aforesaid, under the age of twenty-one years, except such as may be entitled in their own right to a draw or draw, whose father is dead, shall have one draw. All families of orphans consisting of more than two, who have neither father nor mother living, shall have two draws, but if not exceeding two, then such orphan or orphans shall be entitled to one draw, to be given in in the county & district where the eldest of said orphans resides, or where the guardian of the eldest resides: Provided, that should such guardian of such orphan or orphans, or the eldest of such orphans, reside within the newly acquired territory contemplated by this act, then such draw or draws shall be given in in the nearest adjoining county, within the organized limits of this state, to that in which such guardian may reside, or such orphan or orphans, or the eldest of such orphans may reside. All widows of like residence, whose husbands were killed or died in the service of the country in the late wars against Great Britain or the Indians, shall be entitled to a draw, exclusive of that otherwise allowed by this act to widows. All orphans whose fathers were killed or died in the service of the country, in the late wars against Great Britain or the Indians, shall be entitled to a draw, exclusive of that otherwise allowed by this act to orphans; Provided, That nothing herein contained, shall be so construed as to entitle any person or persons to a draw or draws in the present contemplated Land Lottery, who may have been fortunate drawers in any previous Land Lottery: Provided, that the citizens of this state who come under this act as above contemplated, and who volunteered, or were legally drafted in the late war against Great Britain or the Indians, and refused to serve a tour of duty either in person or by substitute, or who may have deserted from the service of this state, or of the United States, shall not be entitled to the provisions of this act as above contemplated, nor any of those who illegally avoided a draft by removal or otherwise; and that no person or persons who have removed from the organized limits of this state, for the purpose of avoiding the laws of this state, or who have absconded for debt, shall in no wise be benefited by this act, and who have not paid all taxes required of them. In case any land is drawn by minors, the grant shall issue accordingly, upon payment of the usual fees.

Sec. 12. And be it further enacted, That nothing herein contained, shall be so construed as to allow any convict in the Penitentiary to give in for a draw in the present contemplated lottery: Provided nevertheless, That the child or children, who have resided in this state three years, of any of said convicts, shall be entitled to a draw or draws, in the same manner they would be entitled if they were orphans, and may be given in for by their mother or other person under whose care they may be, and the grant or grants shall issue accordingly to any lands so drawn.

Sec. 13. And be it further enacted, That lists of persons entitled to draws under this act, shall be made out by the Inferior court of each county or such persons as they may appoint, (not exceeding two to each battalion) within two months from the publication of this act; and said Inferior courts of the several counties of this state, or the persons they may appoint, shall attend in each captain's district, as often as necessary, giving ten days notice of such attendance, for the purpose of taking in the names of persons entitled to draws; the names of the persons entitled shall be entered by the receivers in a book to be kept for that purpose, a transcript of which book, fairly made out, shall be transmitted to the Executive and the original deposited with the clerks of the Superior court of the respective counties; and should the Inferior court of any county, fail to take in such names themselves, or to make the proper appointments by the first day of July next, then the Clerk of the Superior court, (or his legal deputy in his absence) in such county, may make such appointments; and said receivers, before they enter upon their duties, shall take and subscribe the following oath: "I, ----, do solemnly swear (or affirm) 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 or any Justice of the Peace, is hereby required to administer, and the person or persons taking in names as aforesaid, shall administer to all applicants for draws, other than widows, guardians or next friends of orphans, the following oath to wit: "I do solemnly swear (or affirm) that I have been three years a citizen of the United States, & have resided in this state three years immediately preceding the passage of this act except absent on lawful business, and am now an inhabitant of the same; that I was eighteen years of age at the time of the passing of this act; that I have (or have not) a wife and child or children; that I have not given in my name for any draw or draws in the present contemplated land lottery in any other part of the state; that I have not drawn a tract of land in the former lotteries in my individual capacity, or as an individual orphan, and that I did not directly or indirectly evade the service of this state or of the United States in the late wars against Great Britain or the Indians;" and all those who reside in the newly acquired territory, and who, in contemplation of this act, is entitled to a draw or draws, shall take the following oath, in addition to the one last mentioned: "That I have paid all taxes required of me, that I have not withdrawn myself from the organized limits of this state, for the purpose of evading the laws, nor have I absconded for debt;" and all guardians or next friends of orphans, or children of convicts in the Penitentiary, shall take the following oath: "And that the orphan or family of orphans, or the child or children 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!" The following oath shall be administered to all widows: "I do solemnly swear (or affirm) I am a widow, that I have resided the three last years in this state, except absent on lawful business, and am now resident in this district, that I have not put in my name for a draw in the present lottery in any other part of the state, and that I have not drawn land in the former lotteries, to the best of my knowledge and belief, so help me God." That all idiots and lunatics entitled to a draw or draws by this act, shall be given in for by their respective parents or guardians, who shall take the following oath: "I, ----, do solemnly swear (or affirm) that the person whose name I now give in, is an idiot or lunatic, that he is eighteen years of age or upwards at the time of the passage of this act and entitled to a draw or draws under this act, that he has not drawn land in any of the former land lotteries of this state in his name, or as an individual orphan, so help me God."

Sec. 14. And be it further enacted, That immediately after the passage of this act, his Excellency the Governor, shall cause the outlines thereof to be published in such of the public Gazettes of this state as he may think proper, and shall require all persons entitled to draws to give in their names to the persons authorized to receive them, and said persons taking in said names shall receive twenty five cents from each of said applicants for each draw.

Sec. 15. And be it further enacted, That if any person entitled by this act, to a draw or draws, should by absence or other unavoidable cause, fail to give in his name within the time herein prescribed, it shall and may be lawful for such person to make oath of the draw or draws to which he may be entitled, before any Justice of the Inferior court of the county in which he may reside, and make return thereof to the Executive, at any time within one week before the commencement of the drawing; and it shall and may be lawful, for any person or persons, who are entitled to a draw or draws in said lottery, who are about leaving the state on lawful business, to take the oath prescribed by this act, and deposit the same in the clerk's office of the county where such person or persons may reside, and their names shall be registered according to the provisions of this act: Provided, such person shall swear that he intends to return, and remain a citizen of this state.

Sec. 16. And be it further enacted, That five persons shall be appointed by joint ballot of the Legislature, to superintend the and grant for his share, upon the payment of the legal office fees: Provided nevertheless, that no return made by or in behalf of any orphan or orphans shall be pronounced fraudulent until his, her or their legal guardian shall have been made a party to the scire facias, or other discreet person appointed by the Court in which the case is tried, to defend the case for the said orphan or orphans: And provided also, The proceedings under this section take place within seven years from the date of the drawing.

Sec. 21. And be it further enacted, That no case after being commenced as aforesaid by scire facias shall be settled or compromised by the informer or otherwise disposed of to the prejudice of the state, and in case it is, said land shall be liable to be returned by any other informer in manner above prescribed, and division made thereof accordingly.

Sec. 22. And be it further enacted, That the Reserve at Fort Hawkins, and a reserve of like extent on the opposite side of the Ocmulgee river, commencing on the Upper Federal Road, crossing at Fort Hawkins, and lying below the same, be set apart for the State to be disposed of as a future Legislature may direct.

Sec. 23. And be it further enacted, That all the territory on the east side of the Ocmulgee river, known by the name of the Reserve be, and the same is hereby added to the county of Jones.

Sec. 24. And be it further enacted, That all Reserves which are recognized in the treaty aforesaid, except those which are now or may hereafter, (before the running of the land) be abandoned by the Indians, shall be exempt from the operations of this law, and that the Surveyors within whose districts they may fall shall make fractions adjoining thereto, if the making of square tracts is found to be impracticable; and so soon as the Reserves recognized in this section shall be abandoned by the Indians, after the land is disposed of as above contemplated, then said Reserves shall be set apart and disposed of by a future Legislature for the purpose of educating poor children.

DAVID WITT,

Speaker of the House of Representatives.

 

MATTHEW TALBOT,

President of the Senate

 

Assented to, 15th May, 1821.

 

JOHN CLARK, Governor.