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(From an Act of Dec. 3, 1832)
AN ACT to add parts of the counties of Habersham and Hall
to the county of Cherokee, and to divide said county of Cherokee
into ten counties and to provide for the organization of the
same.
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 so much of the counties
of Habersham and Hall, as lies west of a line beginning at the
Mouth of Leathers' Spring Branch, in said county of Hall, and
running up said branch until it crosses the road leading from
Leathers' Ford to Habersham, by way of George Garmons -- Thence
with said road to the fork of Tessentee road -- thence with said
Tessentee road to the Habersham line -- thence with said line
to a line dividing lots number twenty-four and twenty-five, in
the first district of said Habersham county -- thence due north
to a line dividing the first and fourth districts -- thence west
to a line between lots numbers forty-eight and forty-nine, in
said fourth district -- thence due north until it intersects
the line of the county of Cherokee; shall form and become a part
of Cherokee county.
Sec. 2. And be it further enacted, That the first, second,
third and fourteenth districts of the first section of said county
of Cherokee, shall form and become one county, to be called Forsyth.
Sec. 3. And be it further enacted, That so much of the said
county of Cherokee as lies within the fourth, fifth, twelfth,
thirteenth, fifteenth, and such parts of the sixth and eleventh
districts of said first section, as lies south of the mountains,
to be more particularly designated by a line hereafter to be
run including such parts of the counties of Hall and Habersham
herein-before added to said county of Cherokee, shall form and
become one county, to be called Lumpkin.
Sec. 4. And be it further enacted, That the seventh, eighth,
ninth, tenth, sixteenth, seventeenth, eighteenth and nineteenth,
and so much of the sixth and eleventh districts of the first
section, as lies north of the mountains, and of the before-mentioned
line to be run, shall form and become one county, to be called
Union.
Sec. 5. And be it further enacted, That the first, sixteenth,
seventeenth, eighteenth, nineteenth and twentieth districts of
the second section, and so much of the first, second and third
districts, as lies east of a line to be run, commencing at the
centre of the north line of the third district in said third
section and running due south to the south line of the first
district in said section, shall form and become one county, to
be called Cobb.
Sec. 6. And be it further enacted, That the second, third,
fourth, thirteenth, fourteenth and fifteenth and such parts of
the twenty-third, twenty-second and twenty-first district of
the second section as lies east of a line to be run, commencing
at the centre of the north line of the twenty-third, and running
due south to the south line of the twenty-first district, shall
form and become one county, to be called Cherokee.
Sec. 7. And be it further enacted, That the fifth, sixth,
seventh, eighth, ninth, tenth, eleventh, twelfth and such parts
of the twenty-fourth and twenty-fifth districts as lie east of
a line commencing at the centre of the south line of the twenty-fourth,
and running due north to the north line of the twenty-fifth,
and so much of the twenty-sixth and twenty-seventh districts
of said second section, as lies east of a range of mountains
running north and south through said district, shall form and
become one county, to be called Gilmer.
Sec. 8. And be it further enacted, That such parts of the
twenty-seventh, twenty-sixth, twenty-fifth and twenty-fourth
districts of the second section, as lie west of the lines herein-before
designated, and the seventh, eighth, ninth, tenth, eleventh,
twelfth, thirteenth, fourteenth, twenty-fifth, twenty-sixth,
twenty-seventh and twenty-eighth districts of the third section,
and the sixth, seventh, eighth, ninth, tenth, eleventh, twelfth,
thirteenth, eighteenth and nineteenth districts of the fourth
section, shall form and become one county, to be called Murray.
Sec. 9. And be it further enacted, That such parts of the
twenty-first, twenty-second and twenty-third districts of the
second section as lie west of the line herein-before designated,
and the fourth, fifth, sixth, fifteenth, sixteenth and seventeenth
districts of the third section, shall form and become one county,
to be called Cass.
Sec. 10. And be it further enacted, That the twenty-second,
twenty-third and twenty-fourth districts of the third section,
and the third, fourth, fifth, fourteenth, fifteenth and sixteenth
districts of the fourth section, shall form and become one county,
to be called Floyd.
Sec. 11. And be it further enacted, That so much of the first,
second and third districts of the third section, as lies west
of the line herein-before designated, and eighteenth, nineteenth,
twentieth, twenty-first districts of the third section, and the
first, second and seventeenth districts of the fourth section,
shall form and become one county, to be called Paulding.
Sec. 12. And be it further enacted by the authority aforesaid,
That on the first Monday in March next, the persons who may be
resident in said counties, entitled to vote for members of the
Legislature, may meet together at the several places herein-after
designated in their respective counties, and under the superintendance
of three suitable and capable persons, elect five justices of
the Inferior Court, a clerk of the Superior and Inferior courts,
a Sheriff, a Tax Collector, a Tax Receiver and a county Surveyor,
and Coroner for each county -- who shall hold their respective
offices, for and during the time hereinafter prescribed in the
seventeenth section of this act.
Sec. 13. And be it further enacted, That the places of holding
elections for said counties, shall be as follows:
In the county of Forsyth, at the place where William Hammons
now lives.
In the county of Lumpkin, at the place where William Dean
now lives.
In the county of Union, at the place where Isaac N. Greer
now lives.
In the county of Cobb, at the place where John Pace now lives.
In the county of Cherokee, at the place where John Lay now
lives.
In the county of Gilmer, at the place where Ned Tucker recently
lived.
In the county of Cass, at the place where Chester Haws now
lives.
In the county of Murray, at New Echota.
In the county of Floyd, at the place where James Cunningham
now lives.
In the county of Paulding, at the place where John Witcher
now lives.
Sec. 14. And be it further enacted, That the said suitable
and capable persons presiding at said elections respectively,
shall certify under their hands to his Excellency the Governor,
the persons elected, who shall by him be commissioned under the
rules and regulations pointed out by law for commissioning of
such officers throughout the State, except as provided for in
the thirteenth section of this act.
Sec. 15. And be it further enacted, That the Justices of the
Inferior courts in their respective counties or a majority of
them, shall designate the site for the necessary county buildings
as they may think most conducive to the public good, and they
shall have power of erecting all necessary county buildings.
Sec. 16. And be it further enacted, That the said Justices
shall, as soon as practicable lay off their respective counties
into Captain's districts, and when said districts may be defined,
they shall advertise, and one or more of said Justices shall
superintend the election for two Justices of the peace in each
Captain's district, giving fifteen days notice of said election
at two or more public places in said district, which said justices
of the peace when elected, shall be commissioned by the Governor.
Sec. 17. And be it further enacted, That the county officers
elected under, and by virtue of this act, shall be commissioned
for, and hold their offices until the first day [of] January
then next, and until their successors are elected and qualified
and no longer.
And be it further enacted, That an election shall be held
on the first Monday in January eighteen hundred and thirty-four,
at the various places for holding elections in the said counties
for all county officers in said counties in terms of the law
now in force in this State, and the persons elected are to be
commissioned, and hold their several offices so as to end at
the same time that the commissions of the county officers of
the old counties of this State will end, according to the laws
now in force, so that all the county officers in this State may
be hereafter elected at the same time.
Sec. 18. And be it further enacted, That it shall be the duty
the said justices of the peace, after they shall be commissioned
by the Governor as aforesaid, to advertise in their respective
districts an election for [Illegible Text] and subaltern officers
as required by the militia laws now in force; and said Captains
shall as early as practicable make out a complete roll of all
such persons in the respective districts as are liable to do
militia duty, and return the same to the inferior courts.
Sec, 19. And be it further enacted, That so soon as the militia
officers of the said several districts in their respective counties
shall be elected and commissioned, it shall be the duty of the
justices of the inferior courts to advertise the election of
field officers for each county, giving fifteen days notice thereof
in one or more public places in each captains district -- and
it shall be the duty of two or more justices of the peace to
superintend said elections and certify the same as required by
the militia laws now in force.
Sec. 20, And be it further enacted, That the justices of the
inferior courts of the respective counties shall, as soon as
practicable proceed to the selection of grand and [Illegible
Text] jurors in the manner pointed out by the laws now in force.
Sec. 21. And be it further enacted, That it shall be the duty
of the county Surveyors jointly, of the counties between which
according to the provisions of this act lines are to be run and
marked, under the order and direction of the respective inferior
courts, with such aid as they may grant, to run and mark said
lines, and to return to their respective courts plats thereof
plainly designating the said boundary lines which plats shall
be by the Clerks of the Inferior Court placed upon the county
records.
Sec. 22. And be it further enacted, That the several counties
hereinbefore organized, shall form and become a judicial circuit
to be called Cherokee -- and that so soon as may convenient after
the passage of this act there shall be elected for said circuit
a Judge of the superior courts, and a Solicitor General.
Sec. 23. And be it further enacted, That the times of holding
the superior courts in the Cherokee circuit shall be as follows:
In the county of Cherokee, on the second Monday in February
and August in each and every year.
In the county of Forsyth, on the third Monday in February
and August in each and every year.
In the county of Lumpkin, on the Thursday after the third
Monday in February and August in each and every year.
In the county of Union, on the fourth Monday in February and
August in each and every year.
In the county of Gilmer, on Thursday after the fourth Monday
in February and August in each and every year.
In the county of Murray, on the first Monday in March and
September in each and every year.
In the county of Floyd, on the Thursday after the first Monday
in March and September in each and every year.
In the county of Cass, on the second Monday in March and September
in each and every year.
In the county of Paulding, on the Thursday after the second
Monday in March and September in each and every year.
In the county of Cobb, on the third Monday in March and September
in each and every year.
That the times of holding the inferior courts in the Cherokee
Circuit shall be as follows:
In the county of Cherokee, on the second Monday in April and
October in each and every year.
In the county of Forsyth, on the third Monday in April and
October in each and every year.
In the county of Lumpkin, on the fourth Monday in April and
October in each and every year.
In the county of Union, on the first Monday in May and November
in each and every year.
In the county of Gilmer, on the second Monday in May and November
in each and every year.
In the county of Murray, on the third Monday in May and November
in each and every year.
In the county of Floyd, on the fourth Monday in May and November
in each and every year.
In the county Cass, on the first Monday in June and December
in each and every year.
In the county of Paulding, on the second Monday in June and
December in each and every year.
In county of Cobb, on the third Monday in June and December
in each and every year.
Sec. 24. And be it further enacted, That the places of holding
the superior and inferior courts in the several counties of Cherokee
Circuit, shall be the places designated in this act, for the
elections of county officers until the inferior courts of the
respective counties shall otherwise order and direct.
Sec. 25. And be it further enacted. That nothing herein contained
shall be so construed as to prevent the commencement of suits
in the several courts of said county of Cherokee as heretofore
organised, until the officers of the several counties shall be
elected and commissioned in conformity to the provisions of this
act, Provided, that so soon as said counties are organised, all
suits shall be transferred by order of the several courts to
the courts of the counties to which they respectively belong,
and in which the defendant resided at the time of the institution
of the same.
Sec. 26. And be it further enacted, That all officers civil
and military, who have been heretofore elected and commissioned
for the county of Cherokee, shall continue in office in the counties
and districts into which they may be thrown until the expiration
of the term for which they may have been commissioned, and that
no election shall be held in the county or district where said
officers shall reside, unless the same becomes vacant, until
the regular time of elections throughout the State.
ASBURY HULL,
Speaker of the House of Representatives.
THOMAS STOCKS,
President of the Senate.
WILSON LUMPKIN, Governor.
Approval Date: Assented to, Dec. 3, 1832.
Source: Ga. Laws 1832, p. 56.
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