Act of the Georgia General
Assembly
June 9, 1825
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 Springs
on the twelfth day of February, eighteen hundred and twenty-five.
Be in 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 the articles of a treaty
entered into and concluded between the commissioners on the part
of the United States and the chiefs, headmen, and warriors of
the Creek nation of Indians, at the Indian Springs, on the twelfth
day of February, eighteen hundred and twenty-five, shall form
and be divided into five sections, as follows, to wit: All that
part of said territory which lies sought of a line commencing
on Flint river, opposite where the line dividing the counties
of Houston and Dooly strikes said river, and running due west
to the Chattahoochee, shall form what shall be called section
the first; and the criminal jurisdiction thereof shall be attached
to the county of Dooly. All that part of said territory which
lies north of the line aforesaid, and south of the line commencing
on Flint river, opposite where the original line dividing the
counties of Monroe and Houston, and running due west to the Chattahoochee
river, shall form the second section; and the criminal jurisdiction
thereof be, and the same is hereby attached to the county of
Houston. And all that part of said territory which lies north
of the line last aforesaid, and south of a line commencing on
Flint river, where the original line dividing the counties of
Henry and Monroe strikes said river, and running due west until
it strikes the Chattahoochee river, shall be, and the same is
hereby called the third section; and the criminal jurisdiction
thereof attached to the county of Pike. And all that part of
said territory which lies north of said line, and east of the
Chattahoochee river, shall form the fourth section; and the criminal
jurisdiction thereof shall be attached to the county of Fayette.
And all that part of said territory lying west of the Chattahoochee
river, and east of the dividing line between this State and the
State of Alabama, shall form the fifth section; and the criminal
jurisdiction thereof shall be attached to the county of Pike.
Sec. 2. And be it further enacted by the authority aforesaid,
That each of the sections herein laid out and described shall
be divided into districts nine miles square, as near as practicable;
the district lines running parallel to the lines dividing sections,
and cross 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 one-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 fractional
parts of surveys, which may be created by the divisions and subdivisions
aforesaid, shall be reserved for public uses, and be disposed
of as a future Legislature may direct.
Sec. 4. And be it further enacted, That one hundred
district surveyors shall be appointed by joint ballot of the
Legislature in one general ticket; and the person having the
higher 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, the 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, reserve, and sectional lines hereinbefore
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 one hundred
names; 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 sections, reserves, and 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 on posts, all stations and all lines
which they may be required to run for the purpose of making the
surveys of their respective sections, reserves, 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 standards in his office; to take as accurate
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 names of the corner 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 and 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 sections, reserve, and district lines shall
make return of their work to the surveyor general, within sixty
days from the time they shall be required to enter upon the duties
of their office, of all such surveys as shall have been made
on the east side of Chattahoochee river; and as to the remainder
of the territory, within sixty days from the notifications of
the running of the line between this State and Alabama.
Sec. 9. And be it further enacted, That the district
surveyors to be appointed by this act shall receive three dollars
for every mile they 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 favour 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 section, reserve, and district lines
shall receive three dollars and fifty cents 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 treasury in favour 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 return 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 descriptions and qualifications 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, and an inhabitant
within the organized limits 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 eighteen years of age, or unmarried female
child or children, resident as aforesaid, or who were born and
have ever since resided in this State, shall have two draws;
all widows with like residence shall be entitled to one draw;
and wives and children, in this State, of persons who have been
absent from this State three years shall be on the same footing,
as to draws, as if the said husband was dead, and the titles
to such lots as said females or children may draw be vested permanently
in them as though they were widows and orphans; all families
of orphans resident as aforesaid, or who have resided in this
State from their birth, under the age of eighteen years, except
such as may be entitled in their own right to a draw or draws,
whose father is dead, shall have one draw; all families of orphans
consisting of more than two, 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 and district where
the eldest of said orphans, or where the guardian of the eldest
resides: Provided, that should such guardian, such orphan
or orphans, or the eldest of such orphans reside within the organized
limits of this State, then such draw or draws shall be given
in in the county 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 their country, or on their return march, 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, or on their return march, in the late
wars with Great Britain or the Indians, shall be entitled to
a draw, exclusive of that otherwise allowed by this act to orphans.
And all men who have been wounded or disabled in the late war
with Great Britain or the Indians, so they are not able to procure
a competency for support, in consequence of their wounds, be
allowed one draw in addition, and they shall take the following
oath in addition: "I do solemnly swear, that I was wounded
in the late war with Great Britain and the Indians, and am so
disabled by the same that it renders me unable to procure a support
by my labour." 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,
except such persons as have drawn land as one of a family of
orphans, and who have arrived at the age of eighteen; but such
person shall be entitled to one draw, and the remainder of such
family or orphans shall be entitled to one draw; And provided,
that all widows of revolutionary soldiers shall have one
draw in addition to those already contemplated by this act; and
that all revolutionary soldiers who were not fortunate drawers
as revolutionary soldiers in the late land lottery, shall be
entitled to two draws as revolutionary soldiers, and those who
drew one tract of land in the former lottery as revolutionary
soldiers, one draw; 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 nowise 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; Provided also, nothing herein contained shall be
so construed to exclude such persons as by the provisions of
this act are allowed a draw or draws.
Sec. 12. And be it further enacted, That any sale or
transfer that any person entitled to a chance or chances in this
land lottery may make of such chance or chances, or make of any
lot or lots of land such persons may draw, before the grant or
grants of the same are taken out, shall be void, and any bond
or obligation or letter of attorney given by said person to make
titles, shall not be binding on such person; and further, it
shall be illegal for any magistrate or person authorized to administer
an oath, to administer an oath to any person selling his chance
or chances, lot or lots, contrary to the provisions of this section,
that he will make titles to the same.
Sec. 13. And be it further enacted, That nothing herein
contained shall be so construed as to allow any convict in the
Penitentiary to given 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 land so
drawn; Provided, no such convict has drawn in any of the
former land lotteries of this State in his own name.
Sec. 14. 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 appointed (not
exceeding two to each battalion), within two months fro the publication
of this act; and said Inferior Court of the several counties
of this State, or the persons they may appoint, shall attend
in each captain's district at least twice, giving ten days' notice
of such attendance, for the purpose of taking the names of persons
entitled to draw; 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 clerk 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 proper appointments by the first day of September
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 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 am a citizen of the United
States, and have resided in this State three years immediately
preceding the passage of this act, except absent on lawful business,
and am 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 or 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 the
widows of revolutionary soldiers shall take the following oath
or affirmation (as the case may be), to the best of their knowledge
and belief, viz.: "I do solemnly swear (or affirm) that
I am the widow of a revolutionary soldier, to the best of my
knowledge and belief; so help me God." The following oath
shall be administered to all married women entitled to draws
on account of three years' absence of their husbands, as contemplated
by this act, to wit: "I do solemnly swear (or affirm) that
my husband has been absent from this State three years; that
I have resided the last three years in this State, except absent
on lawful business, and am now a resident in this district; that
I have not put in my name in the approaching land lottery in
any other part of the State, and that I have not drawn any tract
of land in the former land lotteries, either in my individual
capacity or as an individual orphan, to the best of my knowledge
and belief; so help me God." The following oath shall be
administered to the mother or next friend of any minor or family
of minors who may be entitled to a draw or draws on account of
three years' absence of their father, as contemplated by this
act, to wit: "I do solemnly swear that the minor or family
or minors who may be entitled to a draw or draws on account of
three years' absence of their father, as contemplated by this
act, to wit: "I do solemnly swear that the minor or family
of minors 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 revolutionary
soldiers who shall apply for draws under this act: "I do
solemnly swear (or affirm) that I served as a soldier in the
armies of the United States during the revolutionary war a tour
or tours of duty, and am entitled to a draw or draws according
to the provisions of this act; so help me God." 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) that 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 or lunatics entitled to
a draw or draws by this act, shall be given in by their respective
guardians or parents or next friend, 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. 15. And be it further enacted, That immediately
after the passage of this act, his excellency the Governor shall
cause the same 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. 16. And be it further enacted, That if any person
entitled by this act to a draw or draws, should be absence or
other unavoidable causes 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 before the commencement of the drawing; and it shall and
may be lawful for any person or persons 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 deposite
[sic] 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. 17. And be it further enacted, That five persons
shall be appointed by joint ballot of the Legislature to superintend
the drawing of the lottery, to be convened at Milledgeville by
the Governor when necessary; and that whenever this act imposes
duties on the Governor, surveyor general, surveyors, receivers
of names, or commissioners, such duties shall be severally performed
with as little delay as possible, consistently with a due execution
of this act.
Sec. 18. And be it further enacted, That as soon as
said lists are made out and returned, his excellency the Governor,
for the purpose of carrying the lottery into effect, shall cause
the names of persons entitled to draws, together with other designating
remarks of residence, &c., to be placed on tickets as nearly
similar as possible, which shall be deposited in one wheel, and
the prizes on tickets of the like description shall be deposited
in another wheel, which prizes shall consist of all square lots
in said territory not herein reserved; and from each wheel, as
nearly at the same time as may be, a ticket shall be drawn and
delivered to the superintending managers, and so on until the
whole number of prizes are drawn out; and said managers shall
make due and particular entry of the names so drawn out and the
prizes corresponding therewith, said names and prizes being first
thoroughly mixed in their respective wheels; and his excellency
the Governor is required to give three weeks' notice of the commencement
of the drawing.
Sec. 19. And be it further enacted, That should there
be more districts than are contemplated by this act, and surveyors
elected for, or in the case the appointment of any surveyor should
become vacant by death, resignation, or other otherwise, his
excellency the Governor is requested to fill said vacancy; and
in case any surveyor shall be found incompetent, or fail to execute
the duties required of him by this act, his office shall be vacant,
and his vacancy filled in like manner.
Sec. 20. And be it further enacted, That the surveyors
to be appointed in pursuance of this act shall, before they enter
upon their duties, take and subscribe the following oath: "I,
----, do solemnly swear (or affirm) that I am twenty-one years
of age; that I will well and faithfully, to the best of my skill
and abilities, discharge the duties which may be required of
me as surveyor in the territory lately acquired; so help me God;"
which oath the surveyor general is required to administer. The
oath to be administered to chainmen by their respective surveyors,
shall be as follows: "I do solemnly swear (or affirm) that,
to the best of my skill and judgment, I will measure all lines
on which I may be employed as chain carrier, as accurately and
with as little deviation from the course pointed out by the surveyor
as possible, and give a true account of the same to the surveyor;
so help me God;" and similar oaths shall be administered
by the said surveyors to all axemen and markers.
Sec. 21. And be it further enacted, That the land to
be distributed under the provisions of this act, shall be classed
under the following heads, viz.: first quality river land, second
quality river land, first quality oak and hickory upland.and,
second quality oak and hickory upland, first quality pine land,
and pine land; and that it shall be the duty of the surveyors
charged with the business of dividing the districts into lots
to note, upon the separate plat of each lot which he is required
to file in the surveyor general's office, the quality of each
lot, according to the foregoing classes; and that all persons
who may draw lands under this act shall be entitled to receive
grants for the same conveying fee-simple 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 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 same shall revert
to the State, -- orphans, lunatics, and idiots excepted; and
all persons who shall draw lands in the lottery authorized by
this act shall, whether the same be granted or not, pay taxes
thereon, at the same rates as for other lands or similar qualities,
until they shall relinquish the same to the use of the State,
by writing, to be filed in the office of the secretary of state;
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 returns are hereby declared to be null and void,
and the lands so granted or drawn shall revert and become the
property of the State; and the question of the fraud to be tried
upon scire facias, to be issued from under the hands of the clerks
of the Superior Court of the county or counties in which the
land lies, in the name of the Governor of said State for the
time being, upon the application of any individual against the
tenant in possession of the land alleged to be fraudulently drawn,
or against the drawer thereof, setting forth the circumstances
of fraud, in the said scire facias, specially; and upon the return
of the said scire facias with an entry thereon of the service
effected by any sheriff of any county of this State, by leaving
a copy thereof with the person named as defendant, or at his
or her notorious place of abode, or by the return of said sheriff
that the defendant is not to be found; upon which return the
court is authorized to have service perfected by an order for
a three months' publication in one or more of the public gazettes
of this State, which rule, when duly published, shall be considered
as sufficient service to authorize an issue to be made up under
the direction of the court to try the question of fraud; and
in case the jury shall find the return fraudulent, the court
shall by judgment pronounce the grant issued on such return and
draw to be void, and order it cancelled; which judgment, when
transmitted to the surveyor general's office and secretary of
state's office, and entered of file there, shall of sufficient
authority to those officers to cancel the plats and grants for
such fraudulent draws from their offices respectively; and the
land when condemned shall belong one-half to the State and the
other half to the informer, and subject to be laid off between
the informer and the State, by writ of partition, to be issued
under the direction of the Superior Court of the county in which
the land lies; and to the proceedings of said writ of partition
on behalf of the State, it shall be the duty of the solicitors
in the respective circuits to attend; and where the said lands
are so laid off the informer shall be entitled to a plat and
grant for his share, upon the payment of the legal office fees;
Provided, nevertheless, that no return made by or in behalf
of 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 four years from the date of the drawing.
Sec. 22. 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. 23. And be it further enacted, That no scire facias
shall issue until the applicant shall have made and deposited
in the clerk's office from whom the said scire facias shall issue,
the following oath: "I do solemnly swear, that in making
this information, I have no combination or understanding directly
or indirectly with the drawer or any other person as the friend
of, or on the part of the drawer."
Sec. 24. And be it further enacted, That a quantity
of land on Flint river, opposite the old Agency, and equal in
size to the reserve on the east side of the same, one mile square
at Marshall's Ferry on Flint river including the ferry, one mile
square at McIntosh's on the Chattahoochee including the ferry,
and a reserve of five miles square on the Chattahoochee river
at the Coweta Falls, and including the same; the northern boundary
to cross the river at a point one mile above the lower shoal,
be, and the same is hereby set apart for public purposes
JOHN ABERCROMBIE,
Speaker of the House of Representatives.
ALLEN B. POWELL,
President of the Senate.
- Assented to, June 9th, 1825.
-
G.M. TROUP, Governor.
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