« ForrigeFortsett »
SECTION 14. And be it further enacted, That the aforesaid acts of incorporation in this bill shall be in force for aud during thirty years, and no longer.
SECTION 15. And be it further enacted, That one-half of the stock shall be taken in one year, the road commenced in eighteen months, and completed in'seven years from the passage of this act, or the above act of incorporation shall be forfeited.
SECTION 16. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed.
Approved, February 21, 1850.
AN ACT to incorporate the Cooper's Gap Turnpike Company of Lumpkin and Union counties, and to grant certain privileges to the same.
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 a suitable turnpike road of the proper width and dimension be constructed from Dahlonega, by way of Cooper's Gap, across the Blue Ridge, to a place known as Notley Old Town in Union county, so as to intersect and unite with the North Carolina State road at or near that point; and that Richard Beardin, Elisha Hunt, William Woody, Joseph M. Ashart, Daniel E. Jones, Robert B. Lewis, and all others who may become associated with them, be and they are hereby constituted a body politic and corporate by the name and style of the Cooper's Gap Turnpike Company, and by said corporate name shall be capable in law to buy, hold, and sell real and personal estate, make contracts, sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, and to make all by-laws necessary for the government of said corporation: Provided, the same -be not repugnant to the laws and constitution of this State, or of the United States.
SECTION 2. And be it further enacted, That two or more Justices of the Inferior Court of the counties of Lumpkin and Union are hereby made and constituted a Board of Commissioners to examine and receive the said road, and they, or a majority of them, shall prescribe the plan upon which said road shall be built; and whenever they, or a majority of them, shall say that the road has been built according to the plan so laid down, then and in that case, and not until then, the said company may establish a gate on said road for the purpose of demanding toll.
SECTION 3. And be it further enacted, That the said com
pany shall have power to erect a toll gate at such place on said road as they may think proper, and charge, demand, and collect the following rates of toll, viz: For each six, five or four horse wagon, fifty cents; for every two horse or ox wagon, twenty-five cents; for each two horse pleasure carriage, fifty cents; for each one horse carriage, buggy or sulkey, twenty-five cents; for each man and horse, ten cents; each horse, mule, or ass, led or drove, five cents; for each head of cattle, sheep or goats, two cents; for each head of hogs, one cent: Provided, That the citizens of Lumpkin and Union shall not be required to pay more than one-half of the said rates of toll."
SECTION 4. And be it further enacted, That said Turnpike road shall be commenced within six months from and after the passage of this act, and be completed within twelve months thereafter; and when finished shall vest in said ' company in fee simple.
SECTION 5. And be it further enacted, That any person or persons injuring the property of said company by cutting timbers in or across said road, or obstructing it in any way, shall be guilty of a misdemeanor, and on conviction thereof shall be fined at the discretion of the Court, and also be liable to an action for damages, at the suit of the party aggrieved.
SECTION 6. And be it further enacted, That nothing in this act contained shall be so construed as to authorize said company to exercise banking privileges. or issuing any change bills, checks or drafts in any manner whatever.
SECTION 7. And be it further enacted, 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 incorporate the Dahlonega and Marietta Turnpike and Plank Road Company; the Cumming and Atlanta Turnpike and Plank Road Company; the Cobb county and Alabama Plank and Turnpike Road Company; and the Washington Railroad or Plank Road Com: pany.
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 Barrington King, Archibald Howell, William Y. Hansell, Thomas R. Huson, Andrew J. Hansell and John M. Edge of the county of Cobb; Noah Strong, C. B. Welborn, Arthur Erwin, Hardy Strickland, Ira R. Foster, and George Kellogg of the county of Forsyth; and John W. Grady, Jo
seph J. Singleton, William Martin, Lorenzo D. Davis, William H. Graham and Robert B. Lewis of the county of Lumpkin, together with all persons who shall become stockholders pursuant to the provisions of this act, shall be and they are hereby constituted a body politic and corporate by the name and style of the Dahlonega and Marietta Turnpike and Plank Road Company, for the term of thirty years from and after the passage of this act.
SECTION 2. Be it further enacted, That the capital stock of said company shall be one hundred and fifty thousand dollars, with the privilege of increasing the same to the sum of two hundred thousand dollars, if necessary, which shall be divided into shares of twenty-five dollars each, shall be deemed personal property, and shall be assignable as the by-laws of the corporation shall direct.
SECTION 3. And be it further enacted, That the concerns and business of the said corporation shall be managed by a Board of Directors to consist of three or more as may be appointed by the stockholders, to be chosen from among themselves, each stockholder to be entitled to one vote for each and every share of stock owned by such stockholder, which vote may be given in person or by proxy duly appointed in writing; that whenever the sum of twenty thousand dollars shall have been subscribed for of such capital stock, it shall become the duty of the persons named in the first section of this act, or a majority of them, to give at least thirty days notice in the newspapers printed at Marietta and Dahlonega to call a meeting of the stockholders at the town' of Cumming in Forsyth county, for the purpose of chosing Directors of said corporation; and the persons chosen at such meeting shall hold their offices until others are elected in their stead, and in every succeeding year the Directors shall be elected by said stockholders, at said place, on the first Tuesday in January.
SECTION 4. And be it further enacted, That the corporation: hereby created is authorized to construct a Plank, McAdamised or Paved Road, or portions thereof of either description, the grade of which in no instance to exceed one foot in ten; to commence at such point or points on said road as the Directors may prescribe and determine; the track of said road shall be smoothly graded, and shall be constructed of timber and plank or of stone and gravel; and when constructed of timber and plank the carriage way of said road shall be at least eight feet wide, but the particular manner of building said road shall be in all other respects determined by the Directors of said corporation.
SECTION 5. And be it further enacted, That said corporation shall within five years from the passage of this act construct one-half or at least thirty miles of said road and complete the same within ten years, and keep and maintain the
said road in good condition and repair, and if said thirty miles shall not be constructed within five years, or on failure to complete the same within ten years, then and in that case said corporation shall be deemed and considered as dissolved and its rights hereby granted wholly cease.
SECTION 6. And be it further enacted, That the said corporation may use for the construction of said road the, route of any public highway or public road on said route without. obstructing in any manner the said public highway or road; and when the said Turnpike or Plank Road shall pass over the lands of any private individual and not along the tract of such public highway, and any damage shall be claimed by such individual by reason of said road passing over his land or premises and the amount of damage cannot be agreed upon by such individual and the proper agent of the company, that the said agent may select one disinterested person and the owner of such premises another disinterested. person to assess such damage, the said arbitrators being first duly sworn to decide the same equitably and justly between the parties, and if the said arbitrators should disagree as to the amount of damage, they may and are hereby required to select an umpire who is wholly disinterested and who shall be in like manner duly sworn, and whose decision shall be final and conclusive between, the parties, and the right of way so in dispute shall be vested in said corporation during the continuance of their charter.
SECTION 7. And be it further enacted, That whenever any five continuous miles of said road shall be completed, it shall be lawful for said corporation to erect a toll gate thereon and appoint a toll collector for the same, and to do the same as often as any additional continuous five miles of such road shall be completed, but no such toll gate shall be erected within one mile of either of the Court-houses at Marietta, Cumming or Dahlonega; at each of said gates when erected in pursuance of this act, the said corporation and the toll collectors thereof may demand and receive such rates of toll as the Board of Directors may determine as reasonable and proper.
SECTION 8. And be it further enacted, That any person who shall wilfully injure, break or throw down any gate which shall have been erected on said road pursuant to the provisions of this act, or dig up or wilfully injure or spoil any part of said road or any thing thereunto belonging, or *shall drag along or across such road any log, timber, wood or stone, or other material so that the same shall come in contact with the even surface of said road, or forcibly or fraudulently pass any such gate without the payment of the legal toll, or shall with his team, carriage, sled or other vehicle or animal turn out of said road and pass any gate thereon on ground adjacent thereto and again enter on such road,
shall for any such offence forfeit to such corporation a sum not less than ten dollars in addition to the damages of such wrongful act, which penalties may be recovered by said corporation in an action of debt in any court having cognizance thereof.
SECTION 9. And be it further enacted, That the said corporation hereby created shall possess the general powers and be subject to the general restrictions, provisions and liabilities usually conferred on corporations by the existing laws of force in this State, and may make and enforce all such by-laws, rules and regulations as the Directors thereof may from time to time adopt: Provided, that nothing contained in the said acts of the said corporation shall conflict with the laws and constitution of this State: And provided further, that no banking powers or privileges shall be exercised by said corporation.
SECTION 10. And be it further enacted by the authority aforesaid, That Noah Sturgis, Alexander Nuckles, Jacob Martin, and Clarke Howell of the county of Forsyth; Edward Payne, B. F. Bomar, J. O. McConnell and J. Norcross of the county of DeKalb, together with all persons who shall become stockholders pursuant to the provisions contained in the foregoing clauses of this act as provided for the Dahlonega and Marietta Turnpike and Plank Road Company, shall be and they are hereby constituted a body politic and corporate by the name and style of the Cumming and Atlanta Turnpike and Plank Road Company, with full power to construct a Plank, McAdamised or Paved Road from the town of Cumming in Forsyth county to Atlanta in DeKalb county, said last mentioned company to be subject to all the restrictions and liabilities and to have all the privileges, powers, &c. in every respect as are imposed, given, granted and conferred by the preceeding sections of this act on the Dahlonega and Marietta Turnpike and Plank Road Compa
SECTION 11. And be it further enacted, That James Branon, John H. Glover, Edward Denmead, Samuel Lawrence, Charles J. McDonald, Thomas Kirkpatrick, George D. Rice, Samuel N. Maloney, David Irwin, Charles C. Bostwick, James F. Cooper, William Root, Noel B. Knight, William T. Winn, William P. Young, N. B. Green, J. N. Heggie, John S. Anderson, J. J. Northcutt, J. S. Morris, N. G. Slaughter, Isaac Sewell, N. M. Caulder, Jonathan Lindley, A. J. Hansell, W. J. Kiser, E. H. Lindley, and W. P. Kiser and all such others as may become stockholders in said company, be and they are hereby made a body corporate under the name and style of the Cobb county and Alabama Plank and Turnpike Road Company, with all the rights, powers, privileges, franchises and immunities herein before granted to and conferred upon the Dahlonega and Marietta Turnpike