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of the county in which said lands lie, shall appoint three disinterested freeholders of said county, who after being sworn to do justice between the company and person or persons, shall proceed to estimate the value of said lands so entered upon, and shall also estimate the advantage of said road to the remaining portion of said lands, and take the same from the damages, and the balance, if any, shall be declared to be the quantum of damages sustained by said owner or owners of lands as aforesaid, and it shall be the duty of the company to pay the same immediately, and in case of failure, the county court aforesaid, may enter up judgment on motion in favor of said owner or owners, and against said company for the amount so found as aforesaid, and on which judgment execution shall issue; Provided, always, that either party shall be entitled to an appeal to the circuit court of the county on giving bond and security, as in other cases when appeals are allowed by law.
SEC. 10. Be it enacted, That so soon as five miles of Gates. said road shall be completed, the said company shall have the right to erect a toll gate upon the same, and one gate for each additional five miles, as the same may be completed, until said company shall have erected three gates upon said road, after which there shall be no other gates established thereon, until the entire road be completed. Said company shall be authorized to erect five gates upon said road when the same is finished; Provided, no toll gates shall be erected nearer than two miles to Huntingdon or Camden. And the said company shall be authorized to receive the follow- Tolls. ing rates of toll at each gate, to wit: for each road wagon with four or more horses, mules or oxen, twenty five cents; for each two horse wagon, fifteen cents; for each cart, ten cents; for each four wheeled pleasure carriage, twenty-five cents; for each gig or sulky, fifteen cents; for each carryall or dearborn wagon, fifteen cents; for each man and the animal he rides, ten cents; for each head of cattle, hogs, sheep, horse, mule, jack or jennet, two cents.
SEC. 11. Be it enacted, That after said road shall be Dividends. completed, the President and Directors shall semi-annually declare and make such dividends of nett profits from the tolls herein grated to the proprietors of the stock of said company, in proportion to their respective shares.
SEC. 12. Be it enacted, That if any person or per- Penalty sons, shall wilfully impair or destroy any part of said juring road. road, or its fixtures, such person or persons, shall be
subject to indictment in the circuit court as in other cases of misdemeanor, and upon conviction shall be fined in a sum not exceeding one hundred dollars, and imprisoned not exceeding six months, and shall also be subject to an action for damages at the suit of said. company in any court having cognizance of suits of a like character.
SEC. 13. Be it enacted, That at the regular annual Officers to report meetings of the stockholders of said company, it shall be the duty of the President and Directors in office for the preceding year, to exhibit a clear and distinct statement of the affairs of the company; and that at any called meeting the stockholders may require a similar statement.
SEC. 14. Be it enacted, That if any person or persons, Penalty for eva shall refuse to pay the toll hereby granted, at the time of offering to pass any gate, or if such person or persons, shall fradulently pass such, or in any manner evade the payment of such tolls hereby allowed; the toll gatherer may, in the name of the company, by warrant before some Justice of the Peace having cognizance thereof, recover from such person so liable for toll as aforesaid, the sum of five dollars for each offence.
out of repair.
SEC. 15. Be it enacted, That the county courts of Carroll and Benton counties, shall each appoint two commissioners, and whose duty it shall be, after notice to them given by said company, that five miles of said road has been completed, to proceed and examine the same, and if they shall find said portion of road completed, according to the provisions of this act, to issue to the company a certificate of that fact, and upon said certificates being given, the first gate may be erected as provided for in the 10th section of this act, and in like manner shall the remaining portions of said road be examined preparatory to the erection of the several gates thereon. Said commissioners shall be allowed one dollar per day for such services, to be paid by the company; and the county courts aforesaid, are hereby authorized to fill all vacancies that may occur in said board of commissioners, either from death, resignation or removal.
SEC. 16. Be it enacted, That said commissioners, before entering upon the discharge of the duties in this act prescribed, shall take an oath for the faithful discharge of the same to the best of their skill and ability.
SEC. 17. Be it enacted, That it shall be the duty of Penalty for road said committee or a majority of the same, when notified that said road is out of repair to examine the same, and if they find the same out of repair it shall be their
duty to open the gate at the nearest point from said unrepaired place in the road, and to keep the same open until the same shall be fully repaired, according to the intent of this act, and said company shall moreover be liable to any person or persons, who may be injured in his or her person or property, by reason of any portion of said road being out of repair, the same to be recovered in any court having jurisdiction thereof.
SEC. 18. Be it enacted, That said company shall com⚫ mence said road in twelve months from the passage of this act, and complete the same by the first day of January, 1855, or this charter shall be declared forfeited and void.
SEC. 19. Be it enacted, That James Felton, William Fayetteville and Bauns, R. A. McDonald, A. F. Nicks, Charles McKin- pike road ney, Thos. Hind, R. P. Shaphard, Samuel E. Gilleland, Peyton Wells and John M. Bright, or any five of them, be and they are hereby appointed commissioners to open books to receive subscriptions for the purpose of building a turnpike road from Fayetteville to the Alabama state line, at a point on or near the Meridian road, and' at such point there as the President and Directors of said company may designate; the said subscription may be made payable in money or in work to be performed on the said road to an amount sufficient to build the same. So soon as subscriptions shall be made sufficient to build five miles of said road, a meeting of the stockholders shall be called by the commissioners at such place as they may select, after which meeting the said stockholders and those who may thereafter become stockholders, shall be and are hereby constituted a body politic and corporate by the name of the Fayetteville and Alabama turnpike company, and shall possess and enjoy all the rights, powers and privileges, and be subject to all the conditions, restrictions and limitations granted and imposed upon the Shelbyville and Fayetteville turnpike company, by an act passed 24th November, 1835.
SEC. 20. Be it enacted, That the grade of said Fayetteville and Alabama turnpike road, shall not exceed an elevation of five degrees.
SEC. 21. Be it enacted, That said road shall be commenced and completed within four years from the passage of this act.
SEC. 22. Be it enacted, That A. F. Buckner, William Hillsboro', Wil Watkins, D. M. Godloe, Harvey Hodge, James H. liamsport and Webster, Wm. H. Webb, A. W. Walker, Samuel S. Tarnpike Co Porter, Wm. D. Williams, Powhattan Gordon, Robert Church, E. H. Spencer, Thompson Cunningham, or any
five of them, are hereby appointed commissioners to open books at such times and places as they may think proper, for the purpose of receiving subscriptions, either in work or money, to build a turnpike road commencing at the termination of the turnpike west of Hillsboro, in the county of Williamson, and to run from thence either on the ridge or down Leepers creek, as a majority of the stockholders may determine, and to cross Duck river at Williamsport, and from thence on the most practicable route to intersect the central turnpike road at or near Mt. Pleasant in Maury county.
SEC. 23. Be it enacted, That the capital stock in said company shall be one hundred and fifty thousand dollars, or any sum sufficient for its completion, which shall be divided into shares of twenty-five dollars each, and that upon the subscription of twenty thousand dollars, or any sum either in cash or work sufficient to build five miles of said road, said commissioners shall call a meeting of the stockholders at Williamsport, after giving twenty days notice, who shall proceed either by vote or proxy, to elect seven persons, all of whom shall be stockholders, as directors, which directory, shall elect one of their number as president and shall also appoint a secretary and treasurer, all of whom, shall hold their office for one year, and until their successors are elected and qualified, which president, directors, and stockholders, are hereby constituted a body corporate and politic, under the name and style of the Hillsboro, Williamsport and Mt. Pleasant turnpike company, and in that name may sue and be sued, plead and be impleaded, have, hold, buy, and sell, both personal and real property, for the use and benefit of said company, and use a common seal, and have succession for ninetynine years.
SEC. 24. Be it enacted, That so soon as said company shall have been organized, as contemplated in the section of this act, said Directors shall proceed to locate said road either on the ridge or in the valley of Leeper's creek, as a majority of the Stockholders may have agreed; and if it is determined that said road shall be located on the ridge, they shall thereupon, by advertising ten days, proceed to let out the building said road, which shall be a graded road, and compare in all respects with the Central turnpike, or the graded portion thereof, to the lowest bidder, in lots not exceeding a mile in length; or if said company prefer to locate said road in the valley of Leeper's creek, they shall cause said road to be equal to a graveled or McAdamized Turnpike, through all the valleys, and in all respects be to built as required in the Columbia and
Hampshire Turnpike, to be let out in lots as before mentioned; but if any subscriber for stock should prefer to subscribe to do so much work, he shall have the right to do so, designating the amount and distance, thus by him. or them agreed to be built; which, when completed, as contemplated by this act, shall be valued by three disinterested freeholders, whose duty it shall be to examine said road, and if in their opinion on oath, that said road is in all respects built as contempleted by this act, they shall be required to place a fair cash value on such portions as may have been built by subscribers in work, which amount thus ascertained shall be, by the President and Directors, placed to the credit of said subscriber, as so much stock paid in by such subscriber, and issue to him a certificate to the amount of stock so paid, and if there be any portion of said road not subscribed for to be done in work, and there be cash enough to finish the same, the President and Directors shall let out the building of the same to the lowest bidder, in lots to suit undertakers.
SEC. 25. Be it enacted, That said company shall not Ferry. be required to build a bridge across Duck river, but shall keep a good ferry boat for the accommodation of travelers and others passing; and for ferriage shall receive the usual tolls. The said road shall be built from thence to the Central Turnpike road, in all respects to correspond with the Columbia and Hampshire Turnpike road.
SEC. 26. The Commissioners, required by this act, to value and examine said road, shall be appointed by the Stockholders, and it shall be their duty, on the completion of any five miles of said road, and any other additional five miles, to examine as before, and if they find said road to be built as contemplated by this act, to certify the same to the county court of Maury county, for that portion of said road situated in said county of Maury, and to the county court of Williamson for the portion situated in Williamson the same; and the county courts of Williamson and Maury, or either of them for any five miles that may be done; shall authorize said company to erect gates and receive tolls for each five miles of graveled or sanded Turnpike, or one gate for each ten miles of graveled Turnpike, the same tolls that are allowed on the Central Turnpike. The said Commissioners shall be allowed two dollars per day, and be paid by said company.
LANDON C. HAYNES,
JOHN F. HENRY,
Passed, Feb. 1, 1850.
Speaker of the Senate.