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

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


Page: 59
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.

Page: 60

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. 

Page: 61

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: [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, 1858. 
PART I.--PUBLIC LAWS. 
TITLE VIII. NEW COUNTIES AND COUNTY LINES.*

* For act to locate and define the line between the counties of Berrien and Coffee. see Cities and Towns, 
Title III, No. 139; being an act to amend the several acts of force in relation to the incorporation of the town 
of West Point, in Troup, &c. &c..... &c.—Section XI.

And for adding certain lots of Land, in the 4th district of Irwin, to the county of [Illegible Text .—See same 
title and number, section X.

1858 Vol. 1 -- Page: 26

Sequential Number: 019 
Law Number: (No. 17.) 

Full Title: An act to lay off and organize a new county out of the counties of Henry and Fayette to be 
called' Clayton county; to attach the same to the Coweta Judicial Circuit, to the fourth congressional 
district, and to the 2d Brigade and Fifth Division Georgia Militia, and to locate the county site of the same, 
and for other purposes herein mentioned.

1. SECTION 1. Be it enacted, That from and after the first day of January next, a new county shall be laid 
out and organized from the counties of Henry and Fayette, to be called Clayton county, and the county site 
of said new county to be located in the town of Jonesboro, (now in the county of Fayette.) The lines *and 
boundaries of said new county shall be as follows: Commencing at the northwest corner of lot of land 
Number six (6) in the original thirteenth (13th) district of Henry county now Fayette, the dividing line 
between the counties of Fayette and Fulton. Thence due east along said line to the north-east of lot of land 
Number two hundred and forty-eight (248) in the original twelfth district of Henry county. Thence due 
south to the south-east corner of lot of land Number seventy-three (73) in said district of said county. 
Thence due west


Page: 27
to the south-east corner of lot of land Number seventy-five (75) in said district. Thence due south to the 
south-east corner of lot of land Number one hundred and fifty-five (155) in the original sixth district of said 
county of Henry. Thence due west to the county line between Henry and Fayette. Thence down said line 
south to the Spalding county line. Thence due west along said line between Fayette and Spalding to the 
middle of Flint River. Thence up the stream of said river to the point where Camp Creek empties into said 
Flint river. Thence up said Camp Creek to the south-west corner of lot of land one hundred and eighty-five 
(185) in the original thirteenth (13th) district of Henry but now Fayette county. Thence due west, and that 
the said south line running west terminates at the south-west corner of lot of land Number 187 in 13th 
district of Fayette. Thence north to Fulton line between lots Numbers five and six in the 13th district of 
Fayette, to the beginning point. 

2. SEC. II. And be it further enacted, That the said county of Clayton shall be attached to the Coweta 
Judicial Circuit, the fourth congressional district, and to the Second Brigade of the Fifth Division, Georgia 
Militia. 

3. SEC. III. And be it further enacted, That the persons included within the new county of Clayton entitled 
to vote for Representatives of the General Assembly shall, on the second Monday in January next, proceed 
to elect five Justices of the Inferior Court, a Clerk Superior Court, a Clerk of the Inferior Court, a Sheriff, 
Coroner, a Receiver of Tax Returns, a Tax Collector, and an Ordinary. The election for said officers shall 
be held at Jenesboro in said new county, and at the several precincts now established by law within said 
new county, and shall be conducted in the manner as now prescribed by law, and the same being certified 
to, the Governor shall commission such persons as may be returned to him as elected at such elections, to 
hold their respective offices for and during the terms prescribed by law; and any one of the Justices of the 
Peace now acting under commissions within the limits of said new county, shall be authorized to qualify 
said Justices of the Inferior Court; and the said Justices of the Inferior Court, after they shall have been 
commissioned and sworn in, shall have full power to select a lot or lots in the town of Jonesboro, and 
contract for the same for the purpose of erecting public buildings for said new county; also to assess a tax 
not exceeding one hundred per cent on the State tax for county purposes, and to proceed at once to have 
said new county of Clayton laid out 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 such elections, shall 
commission them according to law. 

4. SEC. IV. And be it further enacted, That all Justices of the Peace and Bail ffs within the limits of said 
new county of Clayton, shall hold their commissions and exercise their usual official duties until their 
successors shall have been elected and qualified. 

5. Sec. V. And be it further enacted, That all mesne process, executions


Page: 28
and other final process in the hands of the Sheriff, Coroner and Constables of the counties out of which the 
county of Clayton is formed, and which properly belong to said Clayton county, which may be levied or in 
part executed and such proceedings therein not finally disposed of at the time of the passage of this Act, 
shall be delivered over to the proper officers of said county of Clayton; and such proper officers of said 
county of Clayton are hereby authorized and required to proceed with the same, and in the same manner as 
if said process had been originally in their hands. Provided, that in all cases that publication be given 
according to law. 

6. Sec. VI. And be it further enacted, That all actions now pending in the counties from which said new 
county of Clayton is taken, shall be transferred with all papers relating thereto, and trial shall be had in the 
county where the defendant or defendants reside; provided, that in every case no causes shall proceed 
without the certificate of the Clerk of the Court from whence said causes came, that the papers in the cause 
are the original papers from the file of his office; and upon making such certificate said Clerk shall be 
entitled to have from plaintiff or plaintiffs, all cost which may have accrued in the cause; and the amounts 
of accrued costs shall be set forth in the Clerk's certificate; which shall make a part of the costs to abide the 
final result. 

7. Sec. VII. And be it further enacted, That the Inferior Court, Clerks of the Superior and Inferior Courts 
shall, as soon as convenient after their qualifications, from the best information that they may be enabled to 
procure, make a selection of the Grand and Petit Jurors and proceed to the drawing of the same, making a 
record of such drawing upon the records of the Inferior Court, and the jurors so drawn shall be summoned 
as now required by law. 

8. Sec. VIII. And be it further enacted, That the Superior Court for said county of Clayton shall be held on 
the first Monday in May and November, and the Inferior Court on the first Monday in February and July. 

9. Sec. IX. Repeals conflicting laws.

Approval Date: Assented to Nov. 30th, 1858.