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ing said site; should there be two or more places put in nomination and voted for, the place receiving a majority of all the votes taken in, shall thereupon be declared by said commissioners, the seat of justice of Union county; Provided, Said commissioners shall have the right to hold elections from time to time, until one place receives a majority of all those voting.

SEC. 11. That the commissioners of said county, shall Sale of Lots. sell the lots in said town, on a credit of at least twelve months, first giving due notice thereof, in some one or more newspapers, and shall take bond with sufficient security from the purchasers of said lots, payable to themselves and their successors, in office, and shall make title in fee simple as commissioners to the respective purchasers of said lots.

SEC. 12. That the proceeds of the sales of the lots aforesaid, shall be a fund in the hands of said commissioners, for defraying the expense incurred in the purchase of said tract of land, on which the said seat shall be located, and also for defraying the expense of erecting the public building for said county of Union.

SEC. 13. That the commissioners, shall superintend the erection of such public building, as the county court of said county shall order and direct to be built, and shall let the same out, shall take bonds from undertakers, with ample penalties and sufficient securities, payable to themselves and their successors, conditioned for the faithful performance of his or their contracts; that the balance of any of the proceeds, arising from the sales of the lots, herein authorized to be laid off and sold, remaining in the hands of the commissioners, after defraying the expense of purchasing the town site, for the county seat, and the cost of the public building, ordered to be built, by the county court, shall be paid over, by said commissioners, to the trustee of said county of Union, to be held, applied and accounted for, by him, as other county funds.

SEC. 14. That said commissioners shall also appoint Civil Districts. five suitable persons, as commissioners, whose duty it shall be, to divide and lay off said county of Union, into civil districts, designate the places of holding elections therein, and do and perform all the duties relative thereto, which, by the laws of the State, such commissioners are authorized or required to do.

zation

SEC. 15. That the county of Union, shall form one Military organi- reginent, and shall be known and designated as the 162d regiment, and shall be attached to the 4th brigade, the militia officer or officers, highest in command, included in said county of Union, shall, at such time and place, as he

or they may determine upon, call all the commissioned officers together, and such of them as shall attend, are hereby authorized and empowered to lay off said county, into battalions and companies, and provide for holding said elections, for the purpose of electing all officers in said regiment, in the manner prescribed by law.

SEC. 16. That should the boundary line of Union county, as designated in the second section of this act, approach nearer to the county seat of either of the old counties, from which the territory constituting the county of Union is taken, than is prescribed by the constitution, it shall be the duty of the comissioners, herein appointed, to appoint some surveyor, who shall re-run and mark such line or lines, so as not to violate the constitutional rights of said old county, and said surveyor, shall make a report, to the county court of Union, which report shall be recorded by the clerk of said court, and such line, so run, shall be the established line of said county.

SEC. 17. That the commissioners of Union county, be and they are hereby authorized to exercise all the powers conferred in this act, and such other powers, as may be necessary and proper, to the complete organization of the said county of Union.

SEC. 18. That before the said county shall be established, said commissioners shall be satisfied from the survey already made, or from actual survey to be made, that said county contains not less than three hundred and fifty square miles, and a population of four hundred and fifty qualified voters, and that said counties of Grainger, Claiborne, Campbell, Anderson and Knox, will not be reduced below their constitutional limits; Provided, The survey provided for by this section, may be dispensed with if there is no opposition to the organization of the county, on an alledged reduction of the county or counties below their constitutional limits, from which the county of Union is stricken.

SEC. 19. That if the new county of Union, shall fail to organize against the first Saturday in March next, and consequently, fail to elect necessary county officers, as prescribed in the seventh section of this act, they shall proceed to elect their county officers on the second Saturday in July next thereafter, under the same rules and regulations as are now prescribed by law, and such officers, so elected, shall hold their offices until the regular time of electing officers in this State, and no longer.

SEC. 20. That the commissioners, herein appointed, in Church purposes; laying off the town, shall reserve as many lots as they may deem necessary, to be given to the different religious denominations, on which to erect houses of public wor

ship, and said commissioners shall also reserve two lots, upon which to build a male and female academy, of such size as they may think suitable for said purposes.

SEC. 21. That the said commissioners shall keep a fair and regular statement of all the moneys by them received and expended, which statement, when required, shall, from time to time, be laid before the county court, and when all the public buildings are completed, the said commissioners shall, by order of the county court, pay over all surplus money, if there be any, to the county trustee for county purposes, and they shall be allowed, by the county court, a reasonable compensation for their services. SEC. 22. That the line of Union county, shall not approach the county seat of any old county, nearer than twelve miles, any thing in this act to the contrary notwithstanding.

LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY,

Passed January 3, 1850.

Speaker of the Senate.

CHAPTER LXII.

An Act to incorporate the North Carolina and Virginia Turnpike Company, and for other

purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That J. Hampton, sr.. J. J. Wilson, N. Smith, L. W. Hampton, Thos. J. Powell, Gen. James S. Carter, C. W. Nelson, J. Cameron, J. Alexander, and Gen. Joseph Powell, of the county of Carter, and J. J. James, Sam'l Rhea, John S. Gains, George S. McClelland, Joseph Spurgin, James Cross, Mich'l Massingal, Jno. B. Hampton, Jno. Shaver, and Rob't Patton, of the county of Sullivan, be and are hereby appointed Commissioners to open books for the subscription of stock for the purpose of constructing a Turnpike road from the North Carolina line near the Cranberry Iron Works, through Elizabethton, Carter county, and through Sullivan county to the Virginia line, near the Moccasin Gap, Scott county, Virginia, to be known by the corporate name of the North Carolina and Virginia Turnpike Company.

SEC. 2. That whenever the sum of five thousand dol- Election of Board lars is subscribed in shares of thirty dollars each, and after giving twenty days notice at three or more public places in each county, a meeting of the stockholders may be had, for the purpose of electing seven directors for said road, one of whom shall be President, and said President and Directors shall have power to appoint such other officers as may be necessary to conduct the business of said company; Provided, however, That no office shall be filled by any person unless he be a stockholder. The said President and Directors shall hold their offices for twelve months, or until their successors are elected, and have power to fill any vacancy that may occur by death, resignation or removal.

select route.

SEC. 3. That the President and Directors shall have Commissioners to power to appoint six commissioners, three of whom shall reside in each county, to view and lay out the nearest and most practicable route for said road. Two of the number residing in each county, may be competent to act in their respective counties, with such compensation as may be agreed on by the company, or if the company should think best, they may employ a competent engineer to view and lay out the entire route.

Subscriptions of

paid in work.

SEC. 4. That persons taking stock in said road may have the privilege of paying their subscription in work; stock may be Provided, They shall become contractors to build any portion thereof; the value of the work to be determined by three of the directors, or, if preferred, by three of the stockholders, who may be considered competent judges, or they may do so without becoming contractors upon agreement between themselves and the contractors.

SEC. 5. That said company may erect any number of Rates of Toll. toll gates on said road, not exceeding five, and provided the toll for the entire route, shall not exceed the following rates; for each four or six horse wagon and team, one dollar and twenty-five cents; for each four wheeled pleasure carriage, if drawn by two or more horses, one dollar and twenty-five cents; if drawn by one horse, sixty-two and a half cents; for each two wheeled pleasure carriage, fifty cents; for each two or three horse wagon, seventy-five cents; for each man and horse or mule, twenty-five cents; for each led or loose horse or mule, ten cents; for each head of cattle, hogs or sheep, five cents; and the directors have power to regulate the rates of toll to persons residing on or near the line of said road.

SEC. 6. That if any person or persons shall pass said gates arbitrarily, or within one mile thereof, for the pur

pose of evading the toll, such person or persons shall forfeit and pay, for every such offence, to the company, the sum of five dollars; to be recovered by action of debt before any justice of the peace for this State.

SEC. 7. That whenever there is twelve miles of said road completed, said company have the privilege of erecting one toll gate, and of requiring the payment of one-fifth of the toll, as provided in the fifth section of the act, and so on for each succeeding twelve miles.

SEC. 8. That no lateral turnpike, or other road, shall be constructed within three miles of said road, without the consent of the directors, and the time of this charter shall extend to fifty years, and shall be completed in five years from the date of the charter.

SEC. 9. That the President and Directors shall have Opening Books, power to open books at such times and places as they may think best for the subscription of the remainder of the stock, necessary to build said road; and they shall also have power to make contracts for opening and constructing said road; and may, from time to time, require such advances upon the shares of stock subscribed as the wants of the company may require; Provided, No call shall be made for more than two dollars on each share at any one time, of which twenty days public notice shall be given.

SEC. 10. That said President and Directors shall be, Incorporation. and are hereby made a body politic and corporate, may sue and be sued, plead and be impleaded, by the name and style of the name aforesaid.

Company.

SEC. 11. That said company shall open, build and make said road equal to a first class road, according to the laws of Tennessee, at all places where the ground over which said road passes, will admit of it being done.

SEC. 12. Be it enacted, That Wm. S. Wheeler, Baptist Obion Lumber Boyt, John Crocket, and David W. Knight, and all and every other person who shall become associated with them, in the manner hereinafter prescribed, shall be, and they are hereby incorporated by the name of the Obion Lumber Company, and as such shall have succession, and may have and use a common seal, and be able and capable to sue and be sued, plead or be impleaded in any court of law or equity, and may do every act and thing necessary to carry into effect this act, or promote the design and object of this corporation.

Capital Stock

SEC. 13. Be it enacted, That the capital stock of said company shall consist of one hundred and fifty thousand dollars, to be divided into shares of one hundred dollars each, of which the lands of William S. Wheeler, in Gibson and Obion counties shall constitute a part, at such

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