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after prescribed: Provided nevertheless, this charter shall not infringe upon the rights of any charter heretofore granted by the Legislature of Georgia.
SECTION 2. And be it further enacted, That the persons thus associating shall, in their articles of association, distinctly set forth the kind of road which they propose to make, and the commencement and the terminus thereof, and shall cause an abstract of their said articles of association to be published in one or more newspapers printed in the vicinity, giving notice that application will be made to the Inferior Court of the county in which said road is to be made, at least four weeks before such application.
SECTION 3. And be it further enacted, That whenever persons thus associated shall make application to the Inferior Court of any county or counties in which they propose to make a road as aforesaid, the said Court, if in their opinion the making of such road will be for the public good, shall order the said articles of association to be recorded; and such order shall vest in the said associates, their heirs, successors and assigns, all rights, powers and privileges of a corporation, with authority to construct and maintain such road: Provided, that nothing therein contained shall authorize banking privileges.
SECTION 4. And be it further enacted, That when the associates aforesaid shall have obtained the order of the Court as aforesaid, they, or a majority of them, may proceed to organize their company by electing not less than three nor more than seven Directors, who shall be charged with the management of the affairs and business of the company, and whose powers and duties or term of service shall be prescribed in the articles of association.
SECTION 5. And be it further enacted, That in all cases where land, timber or other materials necessary for the construction or repair of said road cannot, for want of agreement between the parties, be purchased from the owner or owners thereof, the same may be taken at a valuation to be made by three disinterested persons to be appointed by the Inferior Court of the county in which the same may be, who shall notify the parties of the time and place of making such valuation, by writing or by publication in some newspaper published in the vicinity.
SECTION 6. Be it further enacted, That before making such valuation, the persons thus appointed shall subscribe the following oath: "I, A. B. do solemnly swear that I will render a true verdict according to the circumstances of the case now submitted to me, taking into consideration the benefits arising to the owner or owners of the property by the construction of the said road in his or her neighborhood, as well as the damage done thereby."
SECTION 7. And be it further enacted, That the award of
the valuers aforesaid shall be certified by them to the Inferior Court, and shall operate as a judgment against the parties, and may be enforced by the order of said Court: Provided, that either party may have an appeal to be tried at the next term of the Superior Court of the county; and these proceedings when concluded shall vest in the company the fee-simple, if it be land: Provided further, the said company may at any time within twenty days after the rendition of final judgment, abandon the right to the property condemned, by filing a notice to that effect in the office of the Clerk of the said Court, in which case the judgment shall be void except
as to costs.
SECTION 8. And be it further enacted, That the said road and the appurtenances thereto shall not be subject to be taxed higher than one per centum on its nett annual income.
SECTION 9. And be it further enacted by the authority aforesaid, That any person injuring the property of said company, or who shall throw earth, stones, trees, logs, rubbish, or any other matter or thing whatsoever, upon said road or its appurtenances, or shall dig up or in any manner destroy said road or any of its bridges, gates, houses or other appurtenances or appendages of the same, shall be punished by indictment for a misdemeanor, and on conviction may be fined and imprisoned at the discretion of the Court, and shall also be liable for three times the amount of such damages as may be occasioned thereby, to be recovered by action at the suit of said company, or of any person aggrieved, in any Court having jurisdiction.
SECTION 10. And be it further enacted, That said company shall power to erect such number of toll-gates upon said road, and at such places as they may judge best and most convenient for the collection of toll, and may charge and collect such rates of toll for the use of their said road as they may from time to time fix and establish: Provided nevertheless, such rates of tolls shall be published in such manner that the same may be known: And provided also, that the said Inferior Court may at any and at all times require the said company to make an exhibit of the cost of making and keeping the said road in repair, and if it shall appear that the receipts from tolls have been more than sufficient to pay a dividend of fifteen per cent. on the cost of construction over and above the repairs of said road, then the said Court may reduce the rates of toll so as that the dividends shall not be greater than fifteen per cent. per annum on the cost of construction, and over and above the repairs of said road after the payment of incidental expenses: Provided, that said Court shall not reduce the rates of toll below the following schedule on animals and articles as herein set forth: On neat caitle, one quarter of a cent per mile per head; on hogs," one-eighth of one cent per head
per mile; on sheep and goats, one-sixteenth of one cent per head per mile; on loose horses one-half cent per head per mile; on saddle horses, one cent per mile per head; on carts or wagons drawn by one horse, mule or other animal, one and a quarter cents each per mile; on road wagons drawn by two animals, three cents per mile; on wagons drawn by a greater number of animals than two, one and a half cents per mile for each additional animal; on one-horse private pleasure carriages, two cents per mile; on private pleasure carriages drawn by a greater number of horses, two cents per mile for each additional animal.
SECTION 11. Be it further enacted, That said companies are authorized to construct toll bridges in connection with said road or roads, over water courses, and charge such rates of toll as may be agreed upon at or before the erection of said bridge or bridges, with the Inferior Court of the county wherein the same may be located.
SECTION 12. And be it further enacted, That the road authorized and granted by this act, shall vest in said company, their heirs and assigns in fee-simple.
Approved, February 23, 1850.
AN ACT to alter and amend an act to incorporate the Southern Mutual Insurance Company, approved the 29th day of December, 1847.
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 second section of the above recited act shall be altered and amended so as to read as follows, to wit:
SECTION 2. And be it further enacted, That at all meetings of said corporation every matter shall be decided by a majority of votes, each member holding a policy for one year or longer being allowed one vote, and if his policy exceed *one thousand dollars, an additional vote for every thousand: Provided, That insurers under open policies shall be entitled to vote in proportion to the amount actually insured under their policies; And provided further, That no insurer under an open policy shall be entitled to more than ten votes, with the right of voting by proxy; and such corporation may choose such officers and for such length of time as they may deem necessary, but no policy of insurance shall be issued by said Company until the sum subscribed to be insured shall amount to fifty thousand dollars.
SECTION 3. And be it further enacted by the authooity aforesaid, That the third section of the act of which this is amend
atory, shall be altered and amended so as to read as follows, to wit:
Said corporation may insure, for any term not exceeding ten years, any houses, goods, or other species of property, against loss or damage by fire or water, and the lives of slaves against death, such damage, loss or death, not resulting from the carelessness, negligence or design of the party insured, and to any amount not exceeding three-fourths of the value of the property insured, property on shipboard or in storage not subject to this limitation, and not exceeding ten thousand dollars on any one block of buildings or stock of goods. Said corporation shall further have the power of insuring the lives of white persons for any term of years or for life, may grant annuities, and make any and every contract in which the risk of life shall be a part thereof. And said corporation shall further have the right and power to make the sum insured in any life policy payable to the wife of the person insured, or to his wife and children; and in these cases the sums insured shall be payable to the said wife or wife and children, as the case may be, for their sole use and benefit, free from the claims of the representatives or the creditors of the party insured: Provided, The annual premium shall not exceed three hundred dollars.
The Directors of said corporation are hereby further empowered at any time to make the insurance of the lives of white persons, and the granting of annuities, a separate department of their business; and all the contracts, liabilities, claims, receipts, expenses and investments of the life department shall be distinct from the other business of the corporation, as much as if they belonged to another compa
And the officers of said corporation shall invest the funds belonging to the life department only in stocks of the United States, or of the several States, or in bonds and mortgages on unincumbered real estate worth in the opinion of the Directors at least four times the amount loaned thereon.
And be it further enacted by the authority aforesaid," That the fourth section of the act of which this is amendatory, shall be so altered and amended as to read as follows, to wit: Whenever said corporation shall make insurance on any property, the member so insured shall pay the required premium in cash, or give his note or bond, well secured, for the amount of the insurance money, payable one day after date, and shall deposite in money with the Treasurer of the corporation at least ten per cent. of said note, which shall be entered as a credit thereon; and the fund thus raised may be applied to the ordinary expenses of the corporation; and the Directors may, at any time thereafter, when the liabilities of the company require it, collect such further sums as may be necessary, by making assessments on said notes,
in proportion to the original amount of each note, giving thirty days' notice by mail to each member.
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, December 21, 1849.
AN ACT to establish and regulate the inspection of Flour and Corn Meal at Dalton.
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 there shall be an inspection of flour and corn meal established in the city of Dalton, and that the Mayor and Common Council of Dalton shall immdiately after the passage of this act appoint, and semi-annually thereafter, one person of good repute, and a skilful judge of the quality of flour and corn meal, to be inspector of flour and corn meal in Dalton, and to continue in office for two years.
SECTION 2. And be it further enacted, That in case of the death of the person so appointed, or of his failing or refusing to act, the Mayor and Common Council shall appoint some other suitable person as inspector aforesaid.
SEC. 3. And be it further enacted by the authority aforesaid, That it shall be the duty of such inspector personally to inspect all flour and corn meal intended for exportation beyond the limits of this State, before the same is packed in barrels or tierces, and to superintend in person the packing of the same, and to make [mark] on the barrel, tierce or hogshead, as the case may be, the degree, or quality, or fineness of the flour or meal, which he may determine the same to be, distinguishing the same as follows: Superfine, fine, middling, and ship stuff, for flour; and superfine, fine, middling, grits and coarse, for meal; marking also the weight of flour or meal in each barrel, tierce or hogshead, and also the tare on the head of each barrel, tierce or hogshead; for which trouble the inspector shall have and receive five cents per barrel from the manufacturers.
SECTION 4. And be it further enacted, That it shall not be lawful for any inspector directly or indirectly to purchase any flour or meal whatever, other than for his own family use and consumption, under the penalty of thirty dollars for every barrel by him purchased, to be recovered upon information by any informer before any Justice of the Peace of the county, one-half of which shall belong to the informer, and the other half to the county.
SECTION. 5. And be it further enacted, That the inspector