WILKINSON COUNTY, GA - History Fractional Shares of Land

Copyright.  All rights reserved.
http://www.usgwarchives.net/copyright.htm

This file was contributed for use in the USGenWeb
Archives by: Virginia Crilley

Georgia Table of Contents: http://www.usgwarchives.net/ga/gafiles.htm


ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT LOUISVILLE, IN DECEMBER, 1805
ACTS OF THE STATE OF GEORGIA, PASSED IN 1805.
1805 Vol. 1 -- Page: (56)
Sequential Number: 038
Type: AN ACT
Full Title: To authorise certain commissioners, to
sell and dispose of the fractional parts of
[Illegible Text] of land in the counties of
Wilkinson, Baldwin and Wayne.

SEC. 1. BE it enacted by the Senate and House of
Representatives Representatives of the state of
Georgia, in General Assembly met, and it is hereby
enacted by the authority of the same, That all the
fractional parts of surveys of land reserved to the
state by the several laws, making distribution of
the lands lately acquired from the Creek nation of
Indians, by a treaty entered into at or near Fort
Wilkinson, on the 16th day of June, 1802, and lying
and being on the Oconee river, and on the temporary
boundary line, shall be sold in separate lots, to
the highest bidder, in the town of Milledgeville, in
the following manner, to wit -- the commissioners
hereafter to be appointed, shall by advertisement,
to be published sixty days in the Gazettes of
Petersburgh, Washington, Wilkes county, Sparta,
Augusta and Savannah; in which advertisements shall
be particularly specified the day or days on which
the fractions, in each district, will be sold, and
the termes of sale; proceed to sell the same,
between the hours of ten o'clock in the forenoon and
three o'clock in the afternoon, commencing by the
sale of the first or lowest fraction on the Oconee
river, in the first district in Wilkinson county,
and continuing upwards

Page: (57)

in a regular progression to the line of the second
district; and in like manner on the temporary line
beginning at the lower extremity, and continuing
upwards as aforesaid; and that the fractional parts
of surveys in the county of Wayne, shall be sold in
the same manner aforesaid, beginning on the highest
fractional survey on the St. Mary's river, and
continuing in regular [Illegible Text] on the line
dividing Wayne county from Glynn and Camden, until
the whole are sold; which rule shall be observed in
the sale of the fractions in all the other districts
of Wilkinson, Baldwin and Wayne counties.

SEC. 2. AND be it further enacted by the authority
aforesaid, That three commissioners shall be
appointed by joint [Illegible Text] of the
legislature, and they or a majority of them, shall
be sufficient to carry this act into effect; who
shall before they enter on the duties required of
them by this act, give bond, with two or more
sufficient securities, to his excellency the
Governor for the time being, and his successors in
office, in the sum of thirty thousand dollars each,
for the due and faithful performance of the
trustreposed in them; which bond shall be taken by
his Excellency the Governor, or by any two of the
justices of the inferior court of the county where
such commissioner may reside, and immediately
transmitted to the executive department; and shall
moreover take and subscribe the following oath, viz:
I, A. B. do solemnly swear, (or affirm, as the case
may be) that I will faithfully discharge the duties
imposed upon me by this act, and that I will make
due returns of all bonds and other securities to the
treasury of this state which come into my hands, as
commissioner aforesaid -- So help me God.

SEC. 3. AND be it further enacted by the authority
aforesaid, That the commissioners shall take bonds
of the purchasers, payable in four equal annual
instalments, together with a mortgage on the land;
which bonds and mortgages may be given by the person
or persons purchasing, his or their attorney or
agent, duly authorised to execute the same, and
shall be taken in the name of, and made payable to,
his Excellency the Governor for the time being, and
his successors in office, and by the commissioners

Page: (58)

shall be deposited in the office of the treasurer,
within sixty days after the time the sales are
completed; and each commissioner shall receive as a
compensation three dollars per day while in actual
service.

SEC. 4. AND be it further enacted, That the
commissioners aforesaid, shall take bond and
mortgage of all and every purchaser, payable in the
following manner -- that is to say, one fourth part
thereof in twelve months after the said purchase,
which said fourth part shall be paid in gold or
silver; one fourth part at the end of twelve months
thereafter; one fourth part at the end of twelve
months thereafter, and the remaining fourth part
thereof at the end of twelve months thereafter,
which said three last payments, shall in like
manner, be paid in gold or silver.

SEC. 5. AND be it further enacted by the authority
aforesaid, That it shall be the duty of his
Excellency the Governor, to cause grants to be made
out for all the fractional parts of surveys of land
in the counties of Wilkinson, Baldwin and Wayne,
leaving a blank for the name of the person to whom
the same shall issue, which grants shall be put into
the hands of the commissioners appointed to dispose
of the fractions as aforesaid, and by them filled up
and delivered to the purchaser, on the purchasers
paying the sum of four dollars and twenty-five cents
on each grant, which shall be received by the
commissioners, and by them paid into the treasury,
for the purpose of defraying the different fees of
office agreeable to the existing fee bill. And it
shall be the duty of the surveyor-general and
secretary of state, to insert the name of each
purchaser in the record of such plat and grant
remaining in the said offices; and it shall be the
duty of the commissioners, to lay a correct
statement of their proceedings, under this act,
before the next legislature.
ABRAHAM JACKSON, Speaker of the
House of Representatives.
JARED IRWIN, President of the Senate.
JOHN MILLEDGE, GOVERNOR.
Approval Date: Assented to, December 7, 1805.


ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: PASSED AT MILLEDGEVILLE At an Annual Session, IN NOVEMBER AND DECEMBER, 1810
Resolutions, WHICH ORIGINATED IN SENATE.
1810 Vol. 1 -- Page: 170
Sequential Number: 153
IN SENATE, 8th December, 1810.
The committee on the state of the Republic to whom was confided the duty of reporting upon that part of His Excellency the Governor's Communication relative to the survey of John Coffee, & that of the re-survey of Mr. Sturges, of the 8th district of Wilkinson county,
Report, That having maturely deliberated on the subject matter of difference on the two surveys of the said district, are of opinion, that from the satisfactory nature and the respectability of the testimony adduced to the committee, they are unanimously of opinion, that the inundation of the waters on the low grounds, the dead riuers, lakes and lagoons upon the Ocmulgee river, has been the entire cause of producing the difference in the survey.

We feel ourselves authorised to draw this conclusion specially from the testimony of Mr. Gatlin, who declares upon oath, that he acted as marker for Major Coffee in the survey of that district, and was frequently necessitated to wade to his breast in water, and at times to swim, in order as near as possible to ascertain the margin of the river, and in many instances they were at a loss and indeed found it impracticable assuredly to identify the same; this also appears from the report of Mr. Stewart, who re-surveyed the premises; a man who we presume is not liable to suspicion of collusion or impropriety; as also from the testimony of Mr. Harris, that when Mr Sturges made his re-survey of the said district, the river was uncommonly low, so that the dead river or cut-offs in the bends of the said river, were either dry or did not run; it follows of course, that the margin exhibited by Mr. Sturges and that exhibited by Major Coffee's survey must be different, and that in many instances arable land is found between their respective lines.

Page: 171

The committee are therefore decidedly of opinion, that no degree of blame can or ought to be attached to Major Coffee; the rectitude of his conduct in making the surveys aforesaid is indisputable, and his reputation in that respect unimpeachable.

We also state with pleasure, that we have entire confidence in the accuracy of the re-survey of said district, made by Mr. Sturges, and with respect to the surplus land discovered by the same, recommend the following resolution, to wit;

Resolved, That the Commissioners to be appointed to sell the Fractions of the 7th district in Twiggs county, be directed by law to sell sixteen hundred and fourteen acres of land, as discovered in the eighth district of Wilkinson county, by re-survey of Daniel Sturges, Esquire.
Approval Date: Approved, 15th December, 1810.

============
Content of Act/Resolution
ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA: PASSED AT MILLEDGEVILLE At an Annual Session, IN NOVEMBER AND DECEMBER, 1810
[missing title]
1810 Vol. 1 -- Page: 65
Sequential Number: 039
Type: AN ACT

Full Title: To alter and amend the 4th section of an
act, passed the 14th December, 1809, to divide the
county of Wilkinson.

§ 1. Be it enacted by the Senate and House of
Representatives

Page: 66

of the State of Georgia in General Assembly met, and
it is hereby enacted by the authority of the same,
That John Hatcher, Abram Lewis, Matthew Caswell,
William Stubbs and John Horne, be, and they are
hereby appointed Commissioners to fix on a site for
the Public Buildings of Wilkinson county, and shall
purchase for the use of said county not less than
one hundred, nor more than two hundred two and an
half acres of land, at the most convenient place, at
or within two miles of the centre thereof; and they
or a majority of them are hereby empowered to lay
off what number of lots they may think proper, and
sell the same in the following manner, viz. one
fourth part of the purchase money payable in twelve
months from the day of sale, one fourth part payable
in two years, one fourth part payable in three
years, and the remaining fourth part in four years
thereafter, and shall take bond from the purchaser
with good personal security for the same, payable to
the Inferior Court and their successors in office;
and the money arising therefrom shall be for the use
of building a Courthouse and Jail in said county,
which said Commissioners are hereby empowered to
contract for the same, as soon as they or a majority
of them may think proper, first giving thirty days
public notice in some of the public Gazettes, and
three or more different places in said county.

§ 2 And be it further enacted, That all acts and
parts of acts touching or in any wise appertaining
to the same, be, and the same are hereby repealed.
BENJAMIN WHITAKER,
Speaker of the House of Representatives.
JARED IRWIN,
President of the Senate.
Executive Department, Georgia,
DAVID B. MITCHELL, Governor.
Approval Date: Assented to, 15th December, 1810.