Act of the Georgia General Assembly on 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.
© Carl Vinson Institute of Government, The University of Georgia