BIBB COUNTY, GA - HISTORY  MACON LOTS

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FORMATION OF MACON  (Bibb County) 1822 West Side of Ocmulgee River
(Creek and Cherokee Indian Land)


Sequential Number: 107 
Type: AN ACT 

Full Title: [Illegible Text] lay out a [Illegible Text] [Illegible Text] reserve on the Ocmulgee river and to dispose of part of the lots in said town, and also to dispose of the fractional lots of land in the territory lately acquired from the Creek and Cherokee Indians.

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 there shall be elected during the present session of the legislature by joint ballot thereof, five commissioners, to lay off a town on the reserve on the Ocmulgee river, on the west side of said river, at some convenient and suitable place near the bank thereof, to be called and known by the name of Macon.

Sec. 2. And be it further enacted by the authority aforesaid, That the said commissioners or a majority of them, shall within three months after their election proceed to lay off said town, and shall within three months thereafter set up and expose to sale not exceeding twenty half acre lots in said town, first giving thirty days notice thereof in one of the public newspapers in the cities of Savannah and Augusta, and in the town of Milledgeville, who shall receive four dollars per day while providing service.

Sec. 3. And be it further enacted by the authority , That said purchasers of said lots shall pay one fourth of the purchase money down in cash, or in bills of some of the chartered banks of this state, and give bond with good and sufficient security for the residue, [Illegible Text] in three equal annual instalments.

Sec. 4. And be it further enacted by the authority aforesaid, That [Illegible Text] the failure to pay any instalment when due, the [Illegible Text] of this state shall proceed to issue his execution against such defaulting purchaser, which shall be [Illegible Text] on the property of the said purchaser, and his security, or either of them, in the same manner as though said [Illegible Text] had [Illegible Text] on a judgment obtained in any of the courts of law in this state; and the [Illegible Text] or lots so purchased shall be subject and liable to satisfy the amount due to the state for the purchase of the same in preference to all other claims, and shall not be subject to be sold under any other execution until said debt to the state shall have been discharged.

Sec. 5. And be it further enacted by the authority aforesaid, That there shall be elected by joint [Illegible Text] of the legislature during the present
session, five commissioners: they or a majority of whom shall proceed agreeable to the provisions of this act, to sell the fractional parts of surveys, lots and all the Islands in the Oconee. Ocmulgee, Flint and Altamaha rivers, and within the streams emptying into the same, which are not included within the lines of any lot in the counties of Henry, Fayette, Newton, Monroe, Houston, Dooly, De Kalb, Bibb, Pike, Crawford, Irwin, Early, Telfair and Appling, with the exception of those lying adjoining the reserve on the Ocmulgee, which said fractions shall be sold at the town of Milledgeville commencing on the first Monday in November next, and continuing from day to day, Sundays excepted, until all the fractions lying in the aforesaid counties, except as heretofore excepted, are sold: Provided, Nothing herein contained shall authorise the commissioners aforesaid to commence said sales at an earlier hour than ten o'clock, in the forenoon, or continue beyond the hour of three o'clock in the afternoon.

Sec. 6. And be it further enacted by the authority aforesaid, That the said commissioners shall, before they enter on the duties required of them by this act, give bond with two or more good and sufficient securities, for the sum of twenty thousand dollars each, payable to his excellency the Governor for the time being and his successors in office, which said bond shall be taken by the Governor or any two or more Justices of the Interior court, where the said commissioner may reside, which said bend shall be deposited in the Executive office. And the said commissioners shall, moreover, take and subscribe the following oath, to be endorsed on the back of said bond, "I do solemnly swear that I will faithfully perform all the duties required of me as a commissioner, agreable to the true intent and meaning of the act to lay out a town on the reserve on the Ocmulgee river, and to sell the fractions, lots and islands in the territory acquired from the Creek and Cherokee Indians: that I will further make a just and true return of my proceedings within thirty days after the expiration of said sales, and that I will, moreover, pay over to the treasurer of this state within the aforesaid time, all monies received by me on account of said sales."

Sec. 7. And be it further enacted by the authority aforesaid, That the highest bidder for any fraction or fractions, lot or lots, or islands authorised to be sold by this act, shall be the purchaser, who shall pay to the commissioners aforesaid, one fourth part of the purchase money in cash or bills of the chartered banks of this state. On the payment of which the said commissioners, or a majority of them, shall give to such purchaser a certificate, stating the amount paid and the amount of said purchase money then due, and to be paid in three equal annual instalments.

Sec. 8. And be it further enacted by the authority aforesaid, That any purchaser failing to pay any instalment to the treasurer, within sixty days after they become due, shall forfeit the amount paid, and said [Illegible Text], other than town lots, shall revert to, and become the property of the state.

Sec. 9. And be it further enacted by the authority aforesaid, That when the last instalment is paid agreeable to the face of said certificate given by the commissioners aforesaid, it shall be the duty of his excellency the Governor to cause a grant or grants to be made out in the name of the holder of said certificate, agreeably to the laws now in force regulating grants, which said grant shall be given to the holder of said certificate or certificates on his paying the sum of four dollars fifty cents for office fees.

Sec. 10. And be it further enacted by the authority aforesaid, That any person or persons bidding for fractions, lots or islands as aforesaid, and failing to comply with the provisions of the seventh section of this act, shall forfeit the right of having any further bids cryed by the commissioners, and said commissioners shall, on the next day of sale put up and offer said fractions, lots or islands for sale, as though it had not been previously bid off.

Sec. 11. And be it further enacted by the authority aforesaid, That the Surveyor general shall furnish the commissioners twenty days previous to the commencement of said sale, with a map of the aforesaid fractional surveys, lots or Islands intended by this act to be sold, and with the number of each lot of land joining said fraction, for which he shall receive an adequate compensation, to be adjudged of by the legislature.

Sec. 12. And be it further enacted by the authority aforesaid, That the said commissioners shall commence the sale of said fractions, lots and islands aforesaid, by offering for sale the lowest numbered fraction, in the lowest numbered district, in numerical order, and so on in said counties, in the order they are mentioned in the fifth section of this act, which said commissioners shall receive for their services four dollars each per day for the time they are employed in discharging the duties required of them by this act.

Sec. 13. And be it further enacted by the authority aforesaid, That the said commissioners shall advertise in one of the public gazettes of Savannah, Augusta and Milledgeville thirty days before the commencement of said sales, the [Illegible Text] of their commencement, specially pointing out the days on which the fractional surveys, lots and islands in each district will be offered for sale.

Sec. 14. And be it further enacted by the authority aforesaid, That the Governor be and he is hereby required to furnish the commissioners aforesaid with a list of all lots of land authorised to be drawn for in the late land lotteries and not drawn, shall be offered for sale at the same time and place agreeable to the provisions of this act: Provided, Nothing herein contained shall be so construed as to authorise the sale of any fractional surveys on the Florida line or lots number ten and one hundred, heretofore reserved.

Sec. 15. And be it further enacted by the authority aforesaid, That the certificates granted under this act shall be transferable, and any legal holder of any certificate, for any fraction or fractions, square lot
or lots or islands shall be authorised on paying into the treasury of this state the full amount of the purchase money, to have the interest of the amount unpaid deducted from the original amount, and on producing the treasurer's receipt, he shall be entitled to receive a grant for the same on the payment of the office fees provided by this act.

Sec. 16. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act, are by the authority aforesaid hereby repealed.

ALLEN DANIEL,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

Approval Date: Assented to December 23, 1822.

  
SOURCE;
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