SECTION 2. And be it further enacted by the authority aforesaid, That the moneys arising from the sale of the lands aforesaid, may be applied to any of the purposes of the Western and Atlantic Railroad, or placed in the State Treasury to be used in defraying the expenses of the State Government, whichever may be deemed most expedient.

SECTION 3. 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by the authority aforesaid, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 8, 1850.

AN ACT to declare certain lands in the county of Ware forfeited to the State, and to provide for disposing of the same; also, to repeal the second, third, fourth, fifth, sixth, seventh and eighth sections of an act approved December 30th, 1847, to declare certain lands in the county of Ware forfeited to the State, and to provide for disposing of the same, and to fix the price of certain grants..

SECTION 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, all the lands in the 12th and 13th districts of originally Appling, now Ware county, that was sold under and by virtue of an act approved 22d December, 1827, that are not granted by the first day of October next, be and the same are hereby forfeited to the State.

SECTION 2. And be it further enacted by the authority aforesaid, That it shall be the duty of his Excellency the Governor to appoint a suitable person to act as agent or commissioner, to sell at public sale, before the court-house door in the county of Ware, all the lands forfeited to the State by virtue and authority of this act, first giving notice thereof thirty days, in one of the public gazettes of this State, and at the court-house in said county, said sales to continue from day to day until all are sold or offered for sale.

SECTION 3. And be it further enacted by the authority aforesaid, That said Commissioner, before entering upon the duties of said commission or agency, shall give bond and security to his Excellency the Governor, in a sum of twenty thousand dollars, for the faithful performance of his duties as Commissioner aforesaid.

SECTION 4. And be it further enacted by the authority aforesaid. That the terms of sale shall be one-fourth cash, and one-fourth annually, until the three remaining instalments are paid, for which the said commissioner shall take notes, with approved security, payable to his Excellency the Gov

ernor, or his successors in office; and it shall be the duty of the Commissioner to give to each purchaser a certificate of purchase for each lot by him so purchased, and upon the presentation of said certificate, on the payment of the last instalment, and first paying into the Treasury, two dollars and fifty cents, shall be entitled to receive a grant in his or their own name.

SECTION 5. And be it further enacted by the authority aforesaid, That said Commissioner shall be allowed to retain five per cent. out of all monies by him collected, and two and a half per cent. on all notes by him taken as a compensation for his services as Commissioner aforesaid; and it shall be the duty of said Commissioner to pay into the Treasury of the State, within two months from the date of sale, all monies by him collected, first deducting the cost of advertising, and his own fees.

SECTION 6. And be it further enacted by the authority aforesaid, That the second, third, fourth, fifth, sixth, seventh and eighth sections of an act approved December 30th, 1847, declaring certain lands in the county of Ware forfeited to the State, and to provide for the disposing of the same, are hereby repealed, and the second, third, fourth and fifth sections of this act are hereby adopted in lieu of the said second, third, fourth, fifth, sixth, seventh and eighth sections of the above recited act of 1847.

SECTION 7. And be it further enacted by the authority aforesaid That original purchasers shall have grants at the same price that is to be paid under this act; and that all other purchasers of public lands, whether fractions, lots or islands, be allowed grants on the same terms, where the entire purchase money, with interest, has been paid, or is on deposite with the proper officer, or may be paid in the time limited by this act.

SECTION 8. And be it further enacted by the authority afore said, That all laws and parts of laws militating against this act, be and the same are hereby repealed.

Approved, February 23, 1850.

AN ACT to authorize the sale of all lands that cannot be granted under existing laws.

SECTION 1. Be it enacted by the Senate and House of Rep resentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That all lots of land in this State, which cannot be granted under the existing laws, shall be sold under the direction of the Governor, at public outcry, at the court-house of the county

in which the same lies, after being publicly advertised three months in said county, and in one of the public gazettes of

this State.

Approved, February 23, 1850.

AN ACT to provide for the disposing of certain lands in the twelfth and thirteenth districts of the county of Ware, which were sold under an act passed the 23d day of December, 1833, and which have not been paid for and granted by the purchasers under said act.

WHEREAS an act was passed on the 13th day of December, 1847, declaring certain lands in the 12th and 13th districts of Ware county, therein described, forfeited to the State, and providing for the sale of the same, and said lands not having been sold according to the provisions of said

act:

SECTION 1. Be it therefore 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 the Sheriff of the county of Ware be and he is hereby authorized and required to offer for sale, at public auction, all of the above described lands, which may remain unpaid for and ungranted on the first day of October next, first giving notice in two of the public gazettes in Milledgeville, and at the court-house in the county of Ware, at least one month prior to the day of sale, of the number of lots in each district, and the terms of sale, which shall be on the first Tuesday in the month, and between the usual hours of sale; and the said Sheriff shall give to each purchaser a certificate of purchase, free of charge, on the payment [by] said purchaser of one-third the purchase money, the balance to be paid in equal instalments of one and two years.

SECTION 2. And be it further enacted by the authority aforesaid, That said Sheriff shall be required to pay into the Treasury of the State, within three months from the day of sale, all monies by him collected as aforesaid, after deducting five per cent. for his commissions, and the actual costs of advertising.

SECTION 3. And be it further enacted, That on the payment of the last instalment, and on the purchaser presenting a certificate to the Surveyor General, attesting that the same has been paid, he shall be entitled to receive a grant for the land purchased by him, first paying into the Treasury the sum of two dollars and fifty cents.

SECTION 4. And be it further enacted, That if the purchaser shall fail to pay all and every part of the purchase money, within six months after the last instalment becomes

due, then his Excellency the Governor shall forthwith declare the lot or lots for which the same is due or owing, to be forfeited to the State, and shall cause the same to be sold in the manner prescribed in the first section of this act.

SECTION 5. Be it further enacted, That the Surveyor General be and he is hereby required to furnish the Sheriff of the said county of Ware, with a list of the lots of land in said 12th and 13th districts of Ware, which was sold under the act of the 23d of December, 1833, which may remain ungranted on the first day of October next, and that the Sheriff be allowed to continue his sales from day to day until all of said lots are sold or offered for sale.

SECTION 6. And be it further enacted, That the collection of any monies coming into the hands of the Sheriff by virtue of this act, shall and may be enforced by rule and attachment as in other cases.

SECTION 7. And be it further enacted, That nothing in this act shall be so construed as to prevent persons whose lands were declared forfeited by the above recited act of the 13th December, 1847, from paying up all sums due, including interest, and getting grants for the same, and for sum required by the third section of this act.

SECTION 8. And be it further enacted, That the purchasers of lots in the county of Ware, under the act of 1833, shall take out and pay for grants as well as the purchase money and interest for the whole number of lots purchased, and unless the said purchasers shall comply with this section, then all such shall be excluded from the benefit of this act.

SECTION 9. And be it further enacted, That in all cases where any person shall be living on a lot of the above recited lands, said persons after the purchaser has failed to take out a grant, shall be entitled to receive a grant to the same by paying into the treasury the grant fee.

SEC. 10. And be it further enacted, That all laws or parts of laws repugnant to this act, be and the same are hereby repealed.

Approved, February 23, 1850.

AN ACT to revive, alter and amend an act for preventing controversies concerning the boundaries of land, and for processioning the same, approved February 2d, 1798.

SECTION 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, the said recited act shall be and the same is hereby revived, and that it shall be the duty of the Justices of the Inferior Court of each county, or

any three of them, at the second regular term of the Inferior Court for the year eighteen hundred and fifty, and at said term of the Court every two years thereafter, to appoint three suitable persons, being citizens of this State, in every Captain's district, who shall be processioners of land for the districts in which they severally reside.

Approved, February 21, 1850.

AN ACT to incorporate Pythagoras Chapter No. 10, Hamilton Lodge No. 16, Dawson Lodge No. 67, Burns Lodge No. 56, Meridian Sun Lodge No. 26, Dalton Lodge No. 105, Magnolia Lodge No. 86, Euharly Lodge No. 97, Hiram Lodge No. 51, Marion Lodge No. 14, Philomathea Lodge No. 25, Western Lodge No. 91, Blue Mountain Lodge No. 38, and Union Lodge No. 28, and for other purposes therein specified.

SECTION 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, Pythagoras Chapter number ten, of Pike county, Hamilton Lodge number sixteen, of Harris county, Dawson Lodge number sixty-seven of Taliaferro county, Burns Lodge number fifty-six, of Macon county, Meridian Sun Lodge number twenty-six, of Pike county, Dalton Lodge number one hundred and five, of Murray county, Magnolia Lodge number eighty-six, of Early county, Euharly Lodge number ninety-seven, of Paulding county, Hiram Lodge number fifty-one, of Wilkes county, Marion Lodge number fourteen, of Marion county, Philomathea Lodge number twenty five, of Elbert county, and Western Lodge ninety-one, of Free and Accepted Masons, be and they are hereby severally made bodies corporate under their respective names and style aforesaid.

SECTION 2. And be it further enacted, That Archibald A. Gaulding, High Priest, William W. Chapman, King, and Nathan B. Johnson, Scribe, of Pythagoras Chapter number ten; that James M. Mobley, Charles Graves, and William J. Hudson, the officers of Hamilton Lodge number sixteen; that Singleton Harris, Worshipful Master, William Alexander, Senior Warden, and James R. M. Read, Junior Warden, of Dawson Lodge number sixty-seven; that William W. Corbit, Worshipful Master, Orren C. Horne, Senior Warden, and William Ansley, Junior Warden, of Burns. Lodge number fifty-six; that Jason Burr, Worshipful Master, Addison A. Wooten, Senior Warden, and William M.. Cline, Junior Warden, of Meridian Sun Lodge number twenty-six; that Francis W. McCurdy, Worshipful Mas