LEGISLATIVE ACTS AFFECTING THE FORMATION OF AND BOUNDARIES OF FAYETTE CO., GEORGIA

1821 - 1828

 

Source: [Title, See Below], [Georgia Legislative Documents], [Georgia Department of Archives and History], presented in the Digital Library of Georgia

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILLE, AT AN ANNUAL SESSION, IN NOVEMBER AND DECEMBER, 1821. 

1821 Vol. 2 -- Page: 42

Sequential Number: 044 
Type: AN ACT 

Full Title: To appoint certain persons to rent out such Fractions and Islands [Illegible Text] may be in a state fit for cultivation, lying in the counties of [Illegible Text] Houston, Monroe, Henry, Fayette, Appling, Early, Telfair and [Illegible Text] win, and to prevent waste and trespass on the same.

1. Be it enacted by the Senate and House of Representatives [Illegible Text] the State of Georgia, in General Assembly met, and it is [Illegible Text] [Illegible Text] acted by the authority of the same, That George G. Gaines, [Illegible Text] Moreland and Furney F. Gatlin. are hereby appointed Commissioner for the county of Dooley and the twelfth district of Houston -- [Illegible Text] Keener, Thomas Harvey and Turner [Illegible Text] for the county of [Illegible Text] with the exception of the twelfth district -- for the 
county of [Illegible Text] James Woodruff, Thomas Pinkard and [Illegible Text] Phillips -- for [Illegible Text] county of Henry, James L. Burks, Solomon Strickland and William M'Corkle -- and for the county of Fayette, Thomas A. Dobbs, Richard Respis and James [Illegible Text].

2. And be it further enacted by the authority aforesaid, That [Illegible Text] shall be the duty of said Commissioners, or any two of them, upon giving twenty days notice, at two of the most public places in said counties, to expose to the highest bidder, on a rent for the year eighteen hundred and twenty-two, all such Fractions and Islands as may be in a state fit for cultivation, situate in the several counties for which they are appointed Commissioners by this [Illegible Text] and it shall be their duty

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to take from the person or persons so renting, their bonds with good and sufficient security, payable to His Excellency the Governor and his [Illegible Text] in office, twelve months alter the date thereof which bonds they shall transmit to the Treasurer of this state whose duty it shall be to issue his execution, for the collection of the same: Provided, they are not paid within three months after said bonds become due.

3. And be it further enacted by the authority aforesaid, That the rents shall be made at the places following: all [Illegible Text] and Islands lying in the county of Dooley and twelfth district of Houston, at Hartford -- all Fractions and Islands in Houston, at the house of John Keener -- all [Illegible Text] in Monroe, at Indian Springs -- all lying in Henry, at the house of Stokely Morgan, in Jasper county -- all lying in Fayette, at the Standing Peach Tree.

4. And be it further enacted by the authority aforesaid, As a full compensation for the services to be rendered by said Commissioners, as pointed out by this act, they shall be and they are hereby authorized to deduct not [Illegible Text] twenty per cent, on the amount of rents, and take the note or notes of the persons renting, with security, payable to themselves, twelve months after date.

5. And be it further enacted by the authority aforesaid, That from and after the passing of this act, if any person or persons shall commit waste, by cutting down the timber or opening land on said Fractions or Islands, or [Illegible Text] other trespass to the injury of said Fractions or Islands, such person or persons for each and every offence, shall forfeit and pay the sum of fifty dollars, to be recovered by any person who may sue for the same, the one half for the informer and the other to the state, and be subject to indictment.

6. And be it further enacted by the authority aforesaid, That the Justices of the Inferior Court, or a majority of them, in the counties of Telfair, Early, Irwin and Appling, be and they are hereby [Illegible Text] and required to rent out at the Court-Houses or places of [Illegible Text] Courts in their respective counties, for the year eighteen hundred and twenty-two, all the Fractions lying in the counties aforesaid, according to the provisions of this act, providing [Illegible Text] renting out the Fractions in the counties of Dooley, Monroe, Houston, Henry and Fayette, and shall be allowed the same per centum, as allowed the Commissioners heretofore named in this act, and persons committing waste or [Illegible Text] shall be subject to like pains and panalties, as herein [Illegible Text] for waste and trespasses.

DAVID ADAMS,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

Approval Date: Assented to, 25th December, 1821.
 



Source: [Title, See Below], [Georgia Legislative Documents], [Georgia Department of Archives and History], presented in the Digital Library of Georgia

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILE, AT AN ANNUAL SESSION, IN NOVEMBER AND DECEMBER, 1822. 
COUNTIES. 

1822 Vol. 1 -- Page: 21

Sequential Number: 017 
Type: AN ACT 
Full Title: To lay out four new counties from the counties of Houston, [Illegible Text] Monroe, Jones, Henry, Fayette and Gwinnett, and to attach said new counties to the Flint circuit.

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 immediately after the passage of this act, Houston, Twiggs, Monroe, Jones, Henry, Fayette and Gwinnett counties shall be divided as hereinafter pointed out, viz: Beginning at the Gwinnett corner on the Newton line, thence along the Hightower trail to where the Peach-tree road crosses said

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trail, from thence a direct line through Gwinnett county, to the lower corner of fractional lot on the Chatahochie river, No. 344, in the 6th district of said county, thence down said river to the boundary line near Sand town, thence along said boundary line to the district corner between the districts No. 9 and 14 in the south-west corner of Newton county on the Ocmulgee river, thence along the line dividing Newton and Henry counties, to the beginning corner on Hightower trail, forming one new county to be called De Kalb.

Sec. 2. And be it further enacted by the authority aforesaid, That all that tract of country hereinafter pointed out, viz. Beginning at Waller's or Torrentine's Ferry on the Ocmulgee river, running a direct line to the corner of the 12th and 13th districts of Mouroe county on the line dividing [Illegible Text] and Houston counties, thence due south to lchucconna creck, thence down said creek to where it enters in to the Ocmulgee river; then beginning at Waller's or Torrentine's ferry, running down the Ocumulgee river to the mouth of a small branch just below William W. Brown's shoals, thence a direct line to the [Illegible Text] of the reserve near Mrs. Lavinia Hawkins' old mill, thence down the reserve line to the corner, thence to the corners of lots [Illegible Text] and 86 in the 7th district of Baldwin originally, now Twiggs county, thence a direct line to Stone creek, thence down said creek [Illegible Text] [Illegible Text] strikes the dividing line of lots Nos 108 and 107, thence a direct line to the [Illegible Text] river, thence down said river to the mouth of [Illegible Text] creek, forining another county to be called Bibb.

Sec. 3. And be it further enacted by the authority aforesaid, That all that [Illegible Text] of country hereinafter pointed out: Beginning at [Illegible Text] [Illegible Text] ferry on the Ocmulgee river, and running a direct line to the corner of the 12th and 13th districts of Monroe, on the [Illegible Text] viding line of Houston and Monroe, thence up said county line [Illegible Text] to the centre line of the 11th district of Monroe, thence up said [Illegible Text] north and the 7th and 3d districts to the line dividing Henry and Monroe, thence said line east to the Ocmulgee river, thence down said [Illegible Text] to the beginning, and form a county retainirg the name of Monroe.

Sec. 4. And be it further enacted by the authority aforesaid, That all that ract of country hereinafter pointed out, viz: Beginning at the [Illegible Text] line of the eleventh district of Monroe, running west on the line dividing Houston and Monroe to the corner of the first and [Illegible Text] [Illegible Text] of Houston, thence a direct line to the mouth of [Illegible Text] creek, then up Flint river to the county line dividing [Illegible Text] and [Illegible Text] then on said line east to the centre line of the third [Illegible Text] of Monroe, then south on said line and the centre lines of the seventh and eleventh districts of Monroe, to the beginning, forming another county to be called Pike.

Sec. 5. And be it further enacted by the authority aforesaid, That all [Illegible Text] [Illegible Text] of [Illegible Text] hereinafter pointed out, beginning at the corner of [Illegible Text] and thirteenth [Illegible Text] of Monroe, thence due south [Illegible Text] [Illegible Text] creek, [Illegible Text] down said creek to the district line dividing the fourth and fifth districts of Houston, thence from the corner of

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said fourth district, a direct line touching the south-east corner of the seventh district Houston to Flint river, thence up said river to the mouth of Big [Illegible Text] creek, [Illegible Text] a direct line to the corner of the first and sixteenth [Illegible Text] of Houston on the county line, thence east on said line to the [Illegible Text] making one other county, to be called Crawford.

Sec. 6. And be it further enacted by the authority aforesaid, That all the balance of Houston county form one other county and [Illegible Text] the name of Houston.

Sec. 7. And be it further enacted by the authority aforesaid, That all civil officers that may be residing in the aforesaid new counties, shall continue in office.

Sec. 8. And be it further enacted by the authority aforesaid, That the counties of De Kalb, Bibb, Pike, and Crawford, shall be attached to, and form a part of the Flint Circuit.

ALLEN DANIEL,

Speaker of the House of Representatives.

MATTHEW TALBOT,

President of the Senate.

JOHN CLARK, Governor.

Approval Date: Assented to 9th December, 1822.



Source: [Title, See Below], [Georgia Legislative Documents], [Georgia Department of Archives and History], presented in the Digital Library of Georgia

COUNTIES. 

1822 Vol. 1 -- Page: 23

Sequential Number: 018 
Type: AN ACT 

Full Title: To organize the counties of De Kalb, Pike, Crawford and Bibb, and to define the places of holding courts in the counties of Monroe, Houston, Henry and Fayette, and to authorise the commissioners appointed to lay off the town of Macon, to lay off four acres in said town for the erection of the public buildings in the county of Bibb, and to add the county of Newton to the Flint circuit.

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 it shall be the duty of any two or more justices of the peace or justices of the [Illegible Text] court, not being themselves candidates, in each of the counties aforesaid, to hold an election for the [Illegible Text] of the [Illegible Text] court, to fill up the number that may be necessary to make the number of five in each county, [Illegible Text] at least twenty days notice 
when said election shall be held, at the places designated by this act for the temporary holding of the Superior court of said counties, and the said justices of the peace, or justices of the Inferior court, shall certify under their hands to the Governor, the persons so elected, who shall [Illegible Text] be commissioned by the Governor,

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and who shall hold their offices until the next election for the justices of the Inferior court throughout the state, unless their office may sooner become vacated by law; except in the county of Pike in which county the following persons shall act as commissioners to hold the election for justices of the Inferior court of said county, to wit: Willis Whatley, Neal Erquet, John Hammel, William Towers and [Illegible Text] Bonner, who shall advertise and hold their elections under the same rule as is pointed out in this act for the justices of the peace or justices of the Inferior court in the other counties.

Sec. 2. And be it further enacted by the authority aforesaid, That the justices of the Inferior courts of each county aforesaid, or a majority of them, shall and they are hereby appointed commissioners, to fix on a public site for the court-house and jail in their respective counties, which shall be as near the centre of the county as convenience will admit, except the county of Bibb, which shall be in the town of [Illegible Text] and the said justices, or a majority of them, are hereby authorised to purchase one square or lot of land for that purpose, and shall be authorised to lay out a county town on said lot, and dispose of lots under such rules and regulations as they may think most conducive to the interest of said [Illegible Text] except as before excepted, who shall have a lot of four acres only, which shall be laid off by the commissioners of said town of Macon; and said justices of the Inferior court as aforesaid, shall as soon as convenient, contract for and have [Illegible Text] a court house and jail for their respective counties.

Sec. 3. And be it further enacted by the authority aforesaid, That the said justices of the Inferior courts of the counties aforesaid, shall as soon as practicable, lay off the said counties into [Illegible Text] Districts, as many as in their discretion may be proper; and whenever said districts may be laid off and defined, the justices of the peace or justices of [Illegible Text] Inferior court, or any two of them, shall advertise and superintend the election in each captain's district, for two justices of the peace, giving fifteen days notice 
thereof, who shall be commissioned by the Governor, to continue in office until the next election for justices of the peace throughout the state, unless their office may sooner become vacant by law.

Sec. 4. And be it further enacted by the authority aforesaid, That it shall be the duty of the justices of the peace, after they shall have been commissioned as aforesaid, to advertise in their respective districts the election of captains and subaltern officers, as required by the militia laws in force in this state; the said elections to be superintended and certified agreeably to the provisions of said militia laws.

Sec. 5. And be it further enacted by the authority aforesaid, That the justices of the Inferior courts in the counties [Illegible Text] [Illegible Text] a majority of them, are hereby authorised and required to advertise at least fifteen days at three or more of the most public places in each of the aforesaid counties for the election of Clerks of the Superier and Inferior courts, [Illegible Text] Coroners, Tax Collectors, Receiver of tax returns of [Illegible Text] [Illegible Text] and County Surveyors, where it may be necessary to elect 
[Illegible Text] [Illegible Text] or [Illegible Text] which said elections shall be held at the place

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hereafter designated by this act, and it shall be the duty of the Governor to commission all officers both civil and military, who may be elected agreeably to the provisions of this act.

[Illegible Text]

[Illegible Text]

Sec. 8. And be it further enacted by the authority aforesaid, That the counties aforesaid shall be added to the Flint circuit, together with the county of Newton.

[Illegible Text]

Sec. 10. And be it further enacted by the authority aforesaid, That the above named places, shall be the place of holding the [Illegible Text] and Inferior courts, until the justices of the [Illegible Text] [Illegible Text] of the aforesaid counties, shall have selected a [Illegible Text] [Illegible Text] that purpose agreeably to this act, and have made such [Illegible Text] as will be in their opinion sufficient to accommodate the said [Illegible Text] [Illegible Text] [Illegible Text] the said Inferior courts shall give public notice.

Sec. 11. And be it further enacted by the authority aforesaid, That the Surveyor of Fayette county be, and he is hereby authorised to run and mark the dividing line between the counties of De Kalb and Gwinnett, and that the county of De Kalb defray the expense of running said line; and James [Illegible Text] surveyor of the county of [Illegible Text] be and he is hereby authorised to run and mark the dividing lines between the counties of Pike, [Illegible Text] Bibb, Monroe, [Illegible Text], Jones and Houston, and that the counties of Pike and Crawford defray the [Illegible Text] equally for running the line between said [Illegible Text]; and the


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counties of Crawford and Bibb defray the expence equally for running the line between said counties; and the counties of Bibb and Monroe defray the expense equally for running the line between said counties: and the county of Bibb defray the expense of running the lines between Bibb, Jones and Twiggs; and the counties of Houston and Crawford defray the expense of running the dividing line between them equally; and the said, surveyors be allowed as a compensation for then services the sum of four dollars per mile, to 
be paid out of the first monies in the aforesaid county funds.

Sec. 12. And be it further enacted by the authority aforesaid, That all laws or parts of laws militating against this act, be and the same are 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: [Title, See Below], [Georgia Legislative Documents], [Georgia Department of Archives and History], presented in the Digital Library of Georgia

ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED AT MILLEDGEVILLE, AT AN ANNUAL SESSION; IN NOVEMBER AND DECEMBER, 1823. 

COUNTIES. 

1823 Vol. 1 -- Page: 56

Sequential Number: 038 
Type: AN ACT 

Full Title: To alter and amend the first section of an act entitled an act to lay out four new counties from the counties of Houston. Twiggs, Monroe, Jones, Henry, Fayette and Gwinnett, and to attach said new counties to the Flint circuit.

Whereas, the said first section of the before cited act laying out the county of De Kalb is not sufficiently definite in prescribing the boundaries of the said county -- For remedy whereof,

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 immediately after the passing of this act, the section of the before recited act shall be altered and amended so as to give to the said county of DeKalb the following boundaries, to [Illegible Text]: Beginning at the Gwinnett corner on the Newton line, thence along the Hightower trail to where the peach tree road crosses said trail, from thence a direct

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line through Gwinnett county, to the lower corner of fractional lot on the Chatahoochie river, number three hundred and forty-four, in the sixth district of said county, thence down said river to the boundary line near Sandtown, thence along said boundary line to the district corner between district number nine and fourteen, on the Chatahoochie river, thence a due east course along the district lines of thirteen and twelve to the corner of Newton county on the south Ocmulgee river, thence along the line of Newton county to the beginning corner on the Hightower trail, any law to the contrary notwithstanding.

DAVID ADAMS,

Speaker of the House of Representatives.

THOMAS STOCKS,

President of the Senate

G. M. TROUP, Governor.

Approval Date: Assented to, Dec. 20, 1823.


Source: [Title, See Below], [Georgia Legislative Documents], [Georgia Department of Archives and History], presented in the Digital Library of Georgia

ACTS OF THE GENERAL ASSEMBLY OF THE State of Georgia, PASSED IN MILLEDGEVILLE AT AN ANNUAL SESSION IN NOVEMBER AND DECEMBER, 1828. 

Counties. 

1828 Vol. 1 -- Page: 56

Sequential Number: 040 

Full Title: AN ACT to form a New county out of the counties of Coweta, Carroll, DeKalb and Fayette, and for other purposes.

Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, [Illegible Text] it is hereby enacted by the authority of the same, That a New county shall be formed as follows, that is to say: beginning on the west side of Line creek, between the counties of Fayette and Coweta, at the corner of fractions No. 162 and 163, in the seventh district, according to the plan of the survey of the county of Coweta, running thence due west, on the line from said fractions in the plan of said district, intersecting the eighth district of said county, at the corner between lots number fourteen and fifteen in said district, on the district line, thence due west, on the line dividing said lots, to the Chattahoochee river, interesecting with said river, at the corner of fractions No one hundred and seventy-two, one hundred and seventy-three and one hundred and seventy-four, in said eighth district, thence crossing the river to the corner of fractions No ninety-three and ninety-six, in the third district of Carroll county, thence due north [Illegible Text]


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the [Illegible Text] running from said fractions through said district, intersecting the district No. two, at the corner of lots No. nine and ten, in said district, thence running due north, on the line between said lots, to the Cherokee line, thence east on the Cherokee line, to its intersection, with the Chattahoochee river, at or near to Ruzzard Roost Island, crossing said river, in a straight line to the corner of fractions No. fifty-three and fifty five, in the fourteenth district, of originally Fayette now DeKalb county, thence on the line running due south, from said corner, to the Fayette county line, intersecting said line, at the corner of lots No. one hundred and seventy-seven and one hundred and seventy-eight, in the ninth district, of the county of Fayette, thence in a direct line, to the corner of fractions No. twenty-nine and thirty, in said ninth district, on Line creek, and thence down Line creek to the beginning, and all that part of the counties of Coweta, Carroll, Fayette and DeKalb, comprehended within the lines aforesaid, shall form a new county, to be known by the name of Campbell county, (in the memory of Col. D. G. Campbell.)

Sec. 2. And be it further enacted, That all officers, civil and military, who may be comprehended within the county of Campbell, shall hold their respective commissions in like manner, as if they had been commissioned for said county.

Sec. 3. And be it further enacted, That the said county of Campbell, is hereby attached to, and constituted a part of the Chattahoochee circuit.

Sec. 4. And be it further enacted, That the said county of Campbell, is hereby attached to the first Brigade, of the ninth division of Georgia [Illegible Text].

Sec. 5. And be it further enacted, That the Superior and Infeferior courts, and Elections of said county, shall be held at the house of John S. Beavers, 'till such time as the same may be made permanent, by the Justices of the Inferior court of said county; and that James Black, Jesse Harris, Robert O. Beavers, Thomas Moore, and Littlebury Watts be, and they are hereby appointed commissioners, with authority to superintend the election of Justices of the inferior court and other county officers, and to do and perform all other acts, preparatory to the organization of said county of Campbell.

Sec. 6. And be it further enacted, That all lines hereinbefore mentioned, in the plan of the districts hereinbefore described, shall become, and are hereby established as the permanent lines of said county of Campbell, and that the line as described in this act, running through the ninth district of the county of Fayette, shall be run and plainly marked by the county Surveyor, of the county of [Illegible Text], who 
shall be allowed a reasonable compensation therefor, to be paid by the said county of Campbell, and that [Illegible Text] the same shall take place, and the organization hereinbefore [Illegible Text], the [Illegible Text] of [Illegible Text] [Illegible Text], DeKalb and Fayette, shall exercise their several


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functions, and that so soon as the said line shall be run, and marked as aforesaid, all writs, processes, recognizances, and other matters of what kind soever, which by law, ought to be tried in either of the aforesaid counties of Coweta, Carroll, DeKalb and Fayette, and which is hereby ceded to the said county of Campbell, according to the laws now in force in this State be, and the same is hereby transferred to the Superior, Inferior, and other courts of said county of Campbell, and the Clerks of the Superior, Inferior, and 
courts of ordinary, of the counties of Coweta, Carroll, DeKalb and Fayette, are hereby directed to certify, and send up the same accordingly.

Sec. 7 And be it further enacted, That all laws and parts of laws, militating against the true intent and meaning of this act, is hereby repealed.

IRBY HUDSON,

Speaker of the House of Representatives.

THOMAS STOCKS,

President of Senate.

JOHN FORSYTH, Governor.

Approval Date: Assented to -- Dec. 20, 1828.


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