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and Plank Road Company, with the right of creating and raising a joint stock fund in the name of said corporation not exceeding the sum of one hundred and fifty thousand dollars, to be appropriated and used by said company in erecting a Plank or Paved or Macadamized road from the the town of Marietta in the county of Cobb, to such point as they may select on the Alabama line in the county of Benton or Cherokee, under such rules, regulations, restrictions, limitations and provisions as the said Company may prescribe. by its by-laws or resolves: Provided, that no by-law or resolve, rule or regulation of said company shall contravene or conflict with any provision of the Constitution of the United States, or of the Constitution and laws of the State of Geor-, gia; And provided also, that the said company shall cause the said road to be erected so as to pass by or near the Powder Springs in Cobb county, and by or near a place called New Babylon in the county of Paulding, and on the best and most practicable route from thence to the Alabama line, and that said company shall complete said road within five years from and immediately after the passage of this act, under the penalty of a forfeiture of all the rights, privileges and immunities herein granted.
SECTION 12. And be it further enacted, That A. S. Wingfield, Thomas Semms, Charles L. Batton, Aaron A. Cleveland, John H. Pope, Fielding L. Ficklin, Joseph J. Robinson, and their associates and assigns, be and they are hereby authorized to build, construct and keep up a Plank or Rail Road from the town of Washington in Wilkes county, to some point on the Georgia Rail Road and Banking Com-. pany's Road, and for that purpose shall be authorized to create and receive by subscription, a capital stock not exceeding two hundred thousand dollars, and shall be authorized to exercise all the powers and privileges conferred by the act of the General Assembly, passed in the year 1933, to incorporate the Georgia Rail Road Company, and under all the liabilities and restrictions therein contained. Approved, February 5, 1850.
AN ACT to incorporate the Elijay Turnpike Company, and to grant certain privileges to the same.
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 a turnpike road of thirty feet clear of timber on side digging sixteen feet solid ground, not to rise more than one foot in timber, shall be established from the North Carolina State line, commencing at the end of the North Carolina State
road, then the nearest and best way to Elijay, in Gilmer county, then the nearest and best way to the Federal Road in Cass county, at such place as the commissioners may think proper, the proprietors of which may dispose of a capital stock of ten thousand dollars, divided into shares of hundred dollars each.
SECTION 2. And be it further enacted, That the subscription for constructing and collecting the capital stock of said company or incorporation shall be opened on the first Monday in August next, at the town of Elijay, under the direction and superintendence of Benjamin Johnson, John Parks, William Kelley, Davis Collens, and Robert Kercado; and the books of subscription shall be kept open for twelve days, during which time it shall and may be lawful for any person or copartnership to subscribe for any number of shares, not exceeding ten: Provided, That if the whole number of shares are not taken up within twenty days as aforesaid, it shall be lawful for any person or copartnership to subscribe for any number of shares unsubscribed for.
SECTION 3. Be it further enacted, That when said subscription be filled, the stockholders may proceed to the election of five commissioners to manage the affairs of said company; said election to be held at Elijay, under the direction and superintendence of the persons herein appointed to open books at that place after they have been notified that the stock has been taken up, and after they have given twenty days' notice of the time of said election at the place where the books of subscription were opened; the number >> of votes that each stockholder shall be entitled to shall be regulated by the number of shares which he may hold-one → share shall entitle the holder to one vote, two shares, and ⚫ not exceeding five, to two votes: Provided, that no person shall be entitled to more than seven votes.
SECTION 4. And be it further enacted, That all those who shall become subscribers in said company, their successors. and assigns, shall be and they are hereby created and made a corporation and body politic by the name and style of the Elijah Turnpike Company, and are hereby made capable in law to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended in any court whatsoever; to make and have a common seal, and also to ordain, establish and put in execution such by-laws, ordinances and regulations as may be necessary for the government of said corporation: Provided, the same be not repugnant to the laws and constitution of this State and of the United States.
SECTION 5. And be it further enacted, That the said commissioners shall continue in office for the term of one year from the day of their election; and they shall have power to fill any vacancy that may occur by death, resignation or oth
erwise, and at the end of their term of office to hold an election for commissioners at such place and under such regulations as the by-laws may direct.
SECTION 6. And be it further enacted, That when said board of commissioners shall be elected and organized in manner aforesaid, they are hereby empowered to call in any sum not exceeding twenty-five per cent. on the amount of subscription, on giving twenty days' notice of the time such payment is required to be made, and to make such further call upon the stockholders as they may think proper, provided the same be not oftener than once in three months; and if there shall at any time be a failure to pay the first sum so called for by said board, the person or persons so failing shall forfeit the shares for which they have subscribed, and the Board may dispose of the same; and the subscribers so failing shall forfeit and pay to said Board, for the use of said company, five dollars for each share he, she or they may have held, to be recovered in any Court having jurisdiction thereof; for any further failure there shall be a forfeiture of the shares and the amount paid in.
SECTION 7. And be it further enacted, That any person or persons injuring by cutting timbers in or across said road, or obstructing it in any way, shall be guilty of a misdemeanor, and on conviction be fined at the discretion of the Court, and also be liable for damages at the suit of the party aggrieved.
SECTION 8. And be it further enacted, That said company shall have power to erect two toll gates at such place on said road as they may think proper: Provided, That one gate shall be north of Elijay, and the other south of Elijay; and may charge, demand and collect the following rates of toll, to wit: At each toll gate, for every five or six horse or ox wagon, sixty cents; for each four horse or ox wagon, fifty cents; for a two horse or ox wagon, twenty-five cents; for one horse or ox wagon, fifteen cents; all two horse four wheel pleasure carriages, fifty cents; for all one horse pleasure carriages, thirty cents; for each man and horse, ten cents; for each head of horses, mules or asses led or driven, five cents; for each head of cattle, two cents; for each head of hogs, sheep, or goats, one cent: Provided, however, That the citizens of the county of Gilmer shall not be required to pay toll at said gates.
SECTION 9. And be it further enacted, That said Turnpike Road shall be commenced within twelve months from the passage of this act, and shall be finished within one year thereafter, and when finished shall vest in said company in fee simple for the term of twenty years.
SECTION 10. And be it further enacted, That said company shall not be permitted to charge toll unless they shall have finished said road agreeably to the charter herein before sta
ted, nor shall they charge toll unless the rates of toll are published and stuck up at said toll gates.
SECTION 11. And be it further enacted, That the private property of the stockholders of said company shall be jointly and severally bound for the debts of said company as in case of common partners: Provided, That nothing in the above recited act shall be so construed as to authorize said company to exercise banking privileges, or issue any change bills, checks or drafts in any manner whatever.
SECTION 12. And be it further enacted, That the Justices of the Inferior Court of the county of Gilmer, or a majority of them, are authorized, and it is hereby made their duty, if said road is not kept in good and sufficient repair, according to the true intent and meaning of this act, to order and direct the Sheriff of said county, and it is hereby made his duty, to throw and keep open the several gates, until the said road shall have been put in good repair, to be adjudged of by the Justices aforesaid.
SECTION 13. And be it further enacted, That all laws and parts of laws militating against this act, be and they are hereby repealed.
Approved, February 25, 1850.
AN ACT to incorporate the Griffin and West Point Plank Road Company for the purpose of constructing a Plank Road from Griffin to the town of West Point in Troup county, and to punish those who may wilfully injure the
SECTION 1. Be it enacted by the Senate and House of Repre sentatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That for the purpose of constructing and keeping up a Plank Road communication from the city of Griffin in the county of Pike to the town of West Point in the county of Troup, the subscribers for the capital stock herein after mentioned and their assigns shall forever hereafter be a body politic and corporate by the name and style of the Griffin and West Point Plank Road Company, and by said corporate name shall be capable in law to purchase, accept, hold, and sell, and convey real and personal estate, make contracts, sue and be sued, to make by-laws, and to do all lawful acts properly incident to a corporation and necessary and proper for the transaction of the business and construction of the work for which it is incorporated, and to have and use a common seal, and the same to alter and destroy at its pleas
SECTION 2. And be it further enacted, That the capital stock
of said company shall be two hundred thousand dollars, divided into shares of fifty dollars each, but may be increased from time to time as may be deemed expedient by the majority of the Board of Directors of such corporation for the time being, and by such sum or sums as said Board of Directors may order and determine: Provided, that said capital stock, when so increased, shall not in the whole exceed three hundred thousand dollars.
SECTION 3. And be it further enacted, That for the organization of the company, so soon as the amount of thirty thousand dollars has been subscribed after the passage of this act, the subscribers for the stock aforesaid shall meet at the Town Hall in the city of Griffin, of which meeting ten days previous notice shall be given in the public gazettes of Griffin; at which time and place the subscribers may attend in person or be represented and vote by proxy, and no one but a subscriber shall be capable of being a proxy, and the appointment shall be in writing and signed by the appointing member; and the subscribers and the proxies, when so convened, shall proceed to elect by ballot a President and seven Directors, the election to be held and superintended by William W. Chapman, Archibald A. Gaulding, Miles G. Dobbins, William R. Phillips and William Fleming, or any three of them, as a board of managers to conduct said election; each subscriber shall be entitled to one vote for every share of stock subscribed for by him or her; the officers so elected shall serve one year and until a new election be made: And be further enacted, that the President shall always be one of the Board of Directors, and shall have a voice and vote as such.
SECTION 4. And be it further enacted, That the election of President and Directors shall be had annually according to a by-law to be made for that purpose; and at which election, and at all votings whatever by the stockholders at any stated or occasional corporate meetings, each subscriber shall be entitled to a number of votes equal to the number of shares he or she may hold in the stock of said company; and in case any vacancy occur in the Board between the stated periods of election. the Board of Directors or a majority of them, at any regular or stated meeting of the Board, may elect by ballot from among the stockholders a person to fill the vacancy until the next general election of Directors; but if it should so happen that the day of the annual election of President and Directors should pass without an election being made in whole or in part, the corporation shall not thereby be dissolved or deemed to be discontinued, but it may be lawful on any other day to hold and make such election in such manner as may be prescribed by the by-laws of the corporation, subject always to the rule prescribed in the foregoing part of this section.