Spalding County, Georgia History

Act/Resolution 28 of 184
ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN MILLEDGEVILLE, AT A BIENNIAL SESSION IN NOVEMBER, DECEMBER, AND JANUARY, 1851-'2.

PART I - PUBLIC LAWS.
COUNTIES AND COUNTY LINES. TITLE VII

1851 Vol. 1 -- Page: 58

Sequential Number: 028
Law Number: (No. 28.)

Full Title: An Act to lay off and organize a new County from the Counties of Pike, Henry and Fayette.

24. SEC. I. 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 authority of the same, That there shall be a new county laid out and formed from the counties of Pike, Henry and Fayette, to be bounded as follows:

Beginning on the line now separating the counties of Henry and Butts, where the Towaliga river crosses the said line, and running up the middle of the stream of said river to the point where the western line of lot of land number one hundred and eighteen in the original second district of Henry county crosses the same; thence north


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along the line as run by the Surve or in laying off said district into lots, to the north-east corner of lot number one hundred and forty-nine in the said district; [Illegible Text] [Illegible Text] on the original surveyed line to the south west [Illegible Text] of lot number one hundred and eighty-two, in the original third district of Henry county; thence north across two ranges of lots; thence west along the surveyed line to [Flint river in Fayette county; thence down the middle of the main stream of said river to the south line of the eighth range of lots in the county of Pike; thence east along the surveyed line to the principal branch of the Potatoe Creek, in Pike county; thence down the run of the creek across one range of lots;] thence east along the surveyed line to the line now separating the counties of Pike and Monroe; thence north along the said line to the south-west corner of Butts county; thence with the line separating Butts from Pike and Henry counties, to the beginning; that the territory thus included shall form a new county, to be called the county of Spalding; that the same shall be attached to the Flint Judicial circuit, to the third Congressional district, to the thirty-second Senatorial district, and to the second Brigade of the eighth Division Georgia Militia.

25. SEC. II. And be it further enacted, That the qualified voters within said new county, shall on the first Monday in February next, at the several election precincts now established by law, and which are included within the said new county, proceed pursuant to the election laws now of force, to elect all county officers necessary for the organization of the said new county, according to the laws of this State; and the Inferior Court thereof, so soon as commissioned, shall lay off the said new county into Militia Districts, and advertise for the election of the requisite number of Justices of the Peace, and the Governor on being duly certified of the elections aforesaid, shall commission the persons elected according to law.

26. SEC. III. That the Inferior Court of said new county shall select and locate a site for the public buildings thereof within the limits of the city of Griffin, and provide for the erection of the same, and make such temporary arrangements for the transaction of the public business of said new county in the meantime as may be necessary and proper.

27. SEC. IV. All officers now in commission who shall be included within the limits of said new county, shall hold their commissions and exercise the duties of the several offices within said county, until their successors shall have been elected and qualified.


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28. SEC. V. That all mesne process, executions, and other final process in the hands of the Sheriffs, Coroners, and Constables of the counties of which the new county may be formed, and which properly belong to said new county, and which may have been levied or in part executed, and such proceedings therein not finally disposed of at the time of passing this Act, shall be delivered over to the corresponding officers of said new county, and such officers are hereby authorized and required to proceed with the same and in the same manner as if such process had been originally in their hands; Provided, That in all cases, publication of the time and places of sale and proceedings of the like character in the new county shall be made for the time now prescribed by law, and all such process which properly belong to the counties out of which said new county may be framed, which may be in the hands of the officers of said new county, shall in like manner be delivered over to the officers of said counties to be executed by them in the manner herein prescribed.

29. SEC. VI. And be it further enacted, That all actions now pending in either of the counties from which the said new county is taken, wherein the defendant or defendants may be included in said new county, shall be transferred with all papers relating thereto, and trial had in said new county where the defendant resides. *

30. SEC. VII. And be it further enacted by the authority aforesaid, That the Inferior Court, Clerk of the Superior and Inferior Courts and Sheriffs of said new county, shall as soon as convenient after their qualification, from the best information they may be enabled to procure, make a selection of the Grand and Petit Jurors, and proceed to the drawing thereof as pointed out by law, for the ensuing Superior and Inferior Courts.

31. SEC. VIII. And be it further enacted by the authority aforesaid, That the Inferior Court of said new county shall have power to levy and collect an extra tax for county purposes, in each of the years eighteen hundred and fifty two and eighteen hundred and fifty three, of such per cent, on the State tax, as to the said Court may seem necessary and proper.

32. SEC. IX. And be it further enacted, That the Superior Courts of said new county shall be held on the fourth Mondays in February and August, *and the Inferior Courts on the fourth Mondays in May and November.


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32. SEC. X. And be it further enacted by the authority aforesaid, That all laws and parts of laws militating against this Act, be and the same are hereby repealed.

Approval Date: Approved, December 20th, 1851.

Source:   Digital Library of Georgia

 


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