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chains apart, and crossed by other lines, at right angles, and .of the like distance from each other, marked and numbered according to the plan prescribed by the Surveyor General.

Sec. 2. And be it further enacted, That the following shall be the description and qualification of persons entitled to a draw.under this act, to wit: every white male person of the age of eighteen years and upwards, being a citizen of.the United States and an inhabitant within the organized limits of this State three years, immediately preceding the first day of January, eighteen hundred and thirty-two, including such as shall be absent on lawful business, shall be entitled to one draw; but no person shall be entitled to a draw under this act who has a family residing out of this State, or whose family has not resided in this State for three years as aforesaid, except officers in the army or navy of the United States, provided said person has had a family so long.

All widows with like residence shall be entitled to one draw. All families of orphans of like residence except such as may be entitled in their own right shall have one draw.. And all heads of. families one additional draw in consideration of their families.

Sec. 3. And be it further enacted, That separate lists of persons entitled to a draw under this act, shall be made out and returned by the same persons authorised to take in names of persons entitled to draws by an act entitled "an act to authorise the survey and distribution of the lands within the limits of Georgia, in the occupancy of Cherokee tribe of Indians, and all other unlocated lands within the limits of said State, claimed as Creek land, and to authorise the Governor to call out a military force to protect surveyors in the discharge of their duties, and to provide for the punishment of persons who may prevent, or attempt to prevent, any surveyor from performing his duties as pointed out in this act, or who shall wilfully cut down and deface any marked trees, or remove any land mark which may be made in pursuance of this act, and to protect the Indians in the peaceable possession of their improvements, and of the lots on which the same may be situate," approved the twenty-first of December, one thousand eight hundred and thirty. And the person or persons taking in names as aforesaid, shall administer to all applicants for draws under this act, other than widows, guardians or next friend of orphans, the following oath: viz. "I do solemnly swear, (or affirm) that I am a citizen of the United States and have resided in this State three years immediately preceding the first day of January, éighteen hundred and thirty-two, except absent on lawful

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business, and am an inhabitant of the same, that I am eighteen years of age, that I have not given in my name for. any draw in the present contemplated land lottery of the Gold region, in any other part of the State, and that I did not directly or indirectly, evade the service of this State or the United States in the revolutionary war, or in the late wars against Great Britain or the Indians, so help me God." And the following oath shall be administered to all widows: "I do solemnly swear, (or affirm,) that I am a widow, that I have resided in this State three years, immediately preceding the first day of January, eighteen hundred and thirtytwo, except absent on lawful business, and am now a resident of this district, that I have not given in my name for any draw in the present contemplated land lottory of the Gold region, in any other part of the State, so help me God." And all guardians, or next friends of orphans, shall take the following oath: "I do solemnly swear, (or affirm) that the orphan or family of orphans, whom I return, is or are entitled to a draw under this act to the best of my knowledge, so help me God;" and the persons authorised to take in the names of those who are entitled to a draw under this act, shall receive twenty-five cents from such applicant for each draw; and the following oath shall be administered to all heads of families: "I, A B. do solemnly swear that I am a married man, with a family, so help me God.".

Sec. 4. And be it further enacted, That as soon as said lists are made out and returned as aforesaid, his Excellency the Governor, for the purpose of carrying the lottery into effect, shall cause the names of persons entitled to draws, together with other designatory remarks of residence, &c, to be placed on tickets as nearly similar as possible, which shall be deposited in one wheel, and the prizes on tickets of the like description, shall be deposited in another wheel, which prizes shall consist of all square lots of forty acres cach, lying in the above named districts, and from each wheel as nearly at the same time as may be, a ticket shall be drawn, and delivered to the superintending managers, and so on, until the whole number of prizes are drawn out in manner prescribed by the above recited act.

Scc. 5. And be it further enacted, That the land pointed out in this act, shall be drawn by a separate lottery, from the one contemplated in the above recited act, and shall be conducted by the same commissioners and under the same rules and regulations, as pointed out in said act, and other services required to be done by this act not particucarly spesified, shall be done by the same officers, and in the same

manner as said act prescribes, that all persons who may draw land by authority of this act, shall in the hamer res ceive a grant for the same, ça payment of the ten dolare, and also that fraudulent returns shall be subject to the same forfeitures, and prosecuted in.the same manner us pointed out in the above recited act.

Sec. 6. And be it further enacted, That nothing in this act contained, shall be so construed, as to authorise the survey or lottery of the land pointed out in this act, until the time that the above recited act is authorised to be carried in.o effect, by authority of the State.

Sec. 7. And be it further enacted, That all laws militating against this act, shall be and are hereby repealed.

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AN ACT amendatory of the act passed the twentieth December, eighteen hundred and thirty, which vests the appointment of the Patrols in the Justices of the Peace, so as to allow them compensation for certain services, and for other purposes, so far as relates to the counties of Liberty, Glynn, Bryan, Morgan, McIntosh, Effingham, Chatham and Camden; with the exception of the city of Savannah, and the hamlets thereof,

Be it enacted by the General Assembly of the State of Georgia, That for the services required by said act of eighteen

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hundred and thirty, to be performed by the Justices of the Peace the Justices of the Peace of the counties aforesaid, shall receive the fees following, to wit: For issuing every patrol commission, the sum of thirty-one and a quarter cents; for the trial of every defaulter, the sum of thirty-one & a quarter cents; for issuing every execution, the sum of thirty-one and a quarter cents, to be paid out of the funds of the county.

Sec. 2. And be it further enacted, That all moneys [collected from defaulters under the Patrol laws, shall be annually paid into the county Treasury for county purposes.

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Sec. 3. And be it further enacted, That for the failure of any Justice of the Peace to discharge the duties assigned him in the above act, he shall be dealt with in the same manner as for neglect to discharge the other duties of his office.

Sec. 4. And be it further enacted, That no Justice of the Peace shall be entitled to any of the compensation, before specified, unless he shall in writing have made oath to the account he renders against the county for the services required to be performed by him, which account so sworn to, and subscribed by the Justice rendering it, shall be filed by the clerk of the Inferior Court in his office.

Sec. 5. And be it further enacted, That each Captain of Patrol in the counties aforesaid, is hereby allowed to Patrol within any district in said counties, whenever it may appear necessary to said Captain of Patrol, and it shall be obligatory upon each individual designated to do Patrol duty whenever so required, to obey the command of the Captain of Patrol under pain of being returned as a defaulter.

Sec: 6. And be it further enacted, That the Captain of Patrol shall in every instance, return in writing and under oath, to the magistrate issuing the Patrol commission, every individual who has failed to perform the Patrol duty required of him: Provided, That he shall in no case be bound to return as a defaulter, any person who has furnished a good and competent substitute.

ASBURY HULL,

Speaker of the House of Representatives.

THOMAS STOCKS

Assented to, Dec. 27, 1831.

President of the Senate.

WILSON LUMPKIN, Governor.

AN ACT to amend the Patrol law of this State, so far as respects the county of Camden.

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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 passage of this act, the Justice or Justices of the Peace, shall have full power to commission Captains of Patrol in an adjoining district, where there is no Justice of the Peaceall laws to the contrary notwithstanding.

ASBURY HULL,

Speaker of the House of Representatives.

THOMAS STOCKS,

Assented to, Dec. 21, 1831.

President of the Senate.

WILSON LUMPKIN, Governor.

PENAL.

AN ACT to abolish Penitentiary Imprisonment in this State, except in certain cases-To change the mode of punishment for crimes and misdemeanors, and for other purposes.

Sec. 1. 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 passage of this act, it shall not be lawful to confine or imprison any person or persons within the Penitentiary of this State, for any crime or misdemeanor which he or they may hereafter commit against the laws of this State.

Sec. 2. And be it further enacted, That when any person or persons, shall hereafter commit any offence against the

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