History: Commissioners of Rivers, 1826: Fayette Co: GA Contributed for use in USGenWeb Archives by Linda Blum-Barton lab@boone. ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Source: [Title, See Below], [Georgia Legislative Documents], [Georgia Department of Archives and History], presented in the Digital Library of Georgia ACTS OF THE General [Illegible Text], OF THE STATE OF GEORGIA, [Illegible Text] IN [Illegible Text] AT AN ANNUAL SESSION IN NOV. AND DEC. 1826. [missing title] Rivers. 1826 Vol. 1 -- Page: 158 Sequential Number: 158 Full Title: AN ACT to lay off, define, and keep open the main channels of Flint and Chattahoochie rivers, so as to prevent the obstruction of the free passage of boats and fish, and to appoint commissioners for the same, also to appoint one commissioner for the Ocmulgee river in the county of Henry. 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 from and after the passing of this act, the commissioners hereinafter named shall have full power and authority to survey, or cause to be [Illegible Text] and laid off, the main hannel of Flint river from that part of said river where the lower line of Crawford county strikes the said river, to the three forks in [Illegible Text] county of the north east prong of Flint river, and to Ware's mills of the south west prong, and said river shall be [Illegible Text] open from the fifteenth of February until the fifteenth of May in each year. Sec. 2. And be it further enacted, That said commissioners or a majority of them, are hereby empowered to reserve and keep open for the free passage of fish and boats, thirty feet of said river in width including the main channel thereof. Sec. 3. And be it further enacted, That it shall not be lawful for any person or persons to obstruct by dams, traps, or any other thing or things, any part or portion of said river so laid off and set apart for the purposes mentioned in this act. Sec. 4. And be it further enacted, That if any person or persons shall obstruct, or cause to be obstructed any part of said main channel, it shall be the duty of the said commissioners or any one of them, to give the person or persons so offending, three days notice to remove such obstruction, and on such person or persons failing or refusing so to do, he, she, or they shall, on proof and conviction thereof, in any Justices court having cognisance of the same, be sentenced to pay a sum not exceeding twenty dollars for every twenty-four hours such obstruction shall remain after service of such notice: Provided, such obstruction shall not be caused by freshets Sec. 5. And be it further enacted, That [Illegible Text] Montfort, James R. Cargill, and Peter How of the county of Crawford be, and they are hereby appointed commissioners of said river so far as the said river touches the county of Crawford; that William Williamson, William Towns, and Springer Gibson, of the county of Upson be, and they are hereby appointed commissioners of said river, so far as the said river touches the [Illegible Text] of Upson; and that Ethan [Illegible Text], Reuben Westmoreland, and Jonathan Phillips, of the county of [Illegible Text] be, and they are hereby appointed commissioners of said river, so far as the said river touches the said county of Pike. Page: 159 Sec. 6. And be it further enacted, That Wyatt Heflin, Gilbert Gray ((GAY)), and Manson Glace ((GLASS)) be, and they are appointed commissioners of the north east prong of Flint river, so far as the same runs through Fayette county to the three forks above Dixon's bridge, and Robert Westmoreland, William Morgan, and Cheadle Cochran be, and they are appointed commissioners of the south west prong of Flint [Illegible Text] so far as the same runs through Fayette county to Ware's Mill, to keep the said prongs open eight feet wide for the free passage of fish. Sec. 7. And be it further enacted, That said commissioners or a majority of them, shall have full power to carry into effect this act within their several boundaries, by calling to their assistance such number of the free white citizens of their respective counties, as they may deem necessary to remove such obstructions as they may, at any time, find in said main channel: Provided, said commissioners shall not cause such person or persons so summoned, to serve more than three days at any one time, nor more than six days in any one year. Sec. 8. And be it further enacted, That if any person so summoned shall neglect or refuse to assist said commissioners, after reasonable and due notice given, such person or persons [Illegible Text] neglecting or refusing, shall forfeit and pay a sum not exceeding five dollars for each day he shall so neglect or refuse to serve, to be recovered before any Justices court in the district where such person or persons reside, to be applied to the clearing out of such obstruction or obstructions. Sec. 9. And be it further enacted, That the like provisions and penalties herein contained in relation to said river be, and they are hereby extended to and applied to Chattahoochie river, so far as Fayette and De Kalb counties bound on said river Chattahoochie, and that James Hicks, John F. Beavers, and James Black, are hereby appointed commissioners of the county of Fayette, and [Illegible Text] Howell, Gilbert Greer, and James M. C. Montgomery, are hereby appointed commissioners of the county of De Kalb to carry the said law into effect, so far as relates to the river Chattahoochie. Sec. 10. And be it further enacted, That Wiley [Illegible Text] is hereby appointed for the county of Henry to keep open the Ocmulgee river, in place of Jethro Barnes, who refuse to serve. Sec. 11. And be it further enacted, That the Justices of the Inferior courts of the aforesaid counties, or a majority of them, be, and they are hereby authorised and required to fill all vacancies which may happen by death, resignation, or otherwise. Sec. 12. And be it further enacted, That all laws or parts of laws militating against this act, be and the same are hereby repealed. Approval Date: Assented to, [Illegible Text] Dec. 1826.