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manded by the toll gatherer, the company may, by warrant from any justice of the peace, recover from the owner or person in possession of such articles, or subject of toll, five dollars for each offence.
SEC. 10. Be it enacted, That if said campany shall not Time of comple begin said work within two years after said company shall have been formed, or shall not have completed the same, the whole or five miles of said road, then and in that case, all rights and interests in the said road and tolls aforesaid, hereby vested in said company, shall forever cease and determine.
SEC. 11. Be it enacted, That the said corporation shall exist and remain for the period of ninety-nine years.
SEC. 12. Be it enacted, That the persons who may be- B come subscribers for stock as hereinafter prescribed, shall be incorporated into a company to be called the Bedford and Coffee County Turnpike Company, who shall have succession and have power to build a McAdamized turnpike road from Coffee Springs in Bedford county, where the branch railroad from Shelbyville intersects the Nashville and Chattanooga railroad, by Davis' mills in said county; thence to McBride's creek; and thence up said creek until said raod shall intersect the Murfreesborough and Manchester turnpike company, with a capital of fifty thousand dollars, in shares of twenty-five dollars each.
SEC. 13. Be it further enacted, That books for the Commissioners subscription of stock in said company shall be opened on the first Monday in April next, by Jas. S. Armstrong, G. G. Osborne, Edward A. Mosby and L. C. B. W. Shaw, of Bedford county, and Martin Hancock, A. Maxwell and Alfred Jacobs, of Coffee county, at such times and places as said commissioners or a majority of them may designate, and said books shall be kept open until the first day of May thereafter, unless the amount of stock shall be sooner subscribed.
Election of Direc
SEC. 14. Be it further enacted, That whenever ten thousand dollars shall be subscribed, the stockholders tors shall elect eight persons who shall be directors in said company, four of whom shall reside in Bedford county, four in Coffee county; said board of directors shall elect one of their body president of said company.
SEC. 15. Be it further enacted, That if the amount of ten thousand dollars shall not be subscribed within the time limited above, the commissioners above named, or any one or more of them, or any agent they may appoint, may open books, at such times and places as they may designate, for the subscription of stock, and after the election of directors as herein provided, said company
Calls of Stock.
may open books, at such times and places as they may designate, for the subscription of stock.
SEC. 16. Be it further enacted, That said company may, if they see proper, commence work at any time, after ten thousand dollars may be subscribed.
SEC. 17. Be it further enacted, That the stock shall be paid by instalments of five dollars a share, whenever called for by the board of directors: Provided, Said calls are not made oftener than once in sixty days, and said company may sue for any calls that may be made, or declare the stock of delinquent stockholders forfeited.
SEC. 18. Be it further enacted, That said road shall be Style of Road. built and constructed in all things as the Nashville and Murfreesborough and Shelbyville turnpike road was required to be built; except it shall only be twenty-five feet in width, and at a grade of five degrees, and McAdamized or gravelled eighteen feet; the rates of toll charged on said road shall be the same as those charged by said company, or which may be hereafter charged by said road, and they shall have the same Tolls remedies against persons refusing to pay toll, or for avoiding the gates, as are given to the Nashville, Murfreesborough and Shelbyville turnpike company for like injuries.
SEC. 19. Be it further enacted, That said company may erect toll gates on said road, for every five miles of Gates said road which may be completed.
SEC. 20. Be it further enacted, That the election for directors shall be held at Davis' mills, in Bedford county, by a justice of the peace and clerk, and the eight persons having the highest number of votes shall be the directors; who shall continue in office for twelve months or until their successors are elected and qualified, and all elections for directors, after the first one, shall be held annually on the first Saturday in July, in each and every year, at such place as the directors may designate, and in the election of directors, each stockholder shall be entitled to one vote for every share of stock he may own in said company.
SEC. 21. Be it further enacted, That the president and directors of said company shall take an oath before some justice of the peace, to honestly and faithfully per form the duties required of them by this act.
SEC. 22. Be it further enacted, That said president and directors shall have power to elect a secretary and treasurer of said company, and require bond and securi ties of them, conditioned for the faithful performance of their duties.
SEC. 23. Be it further enacted, That whenever the
board of directors shall be organized and elected, as herein provided, they may call for so much, on each share of stock, as will enable them to have the route surveyed and an estimate made of the cost of the same.
SEC. 24. Be it further enacted, That the president and directors of said company may receive subscriptions for stock in said company, to be paid in work, or receive any subscription that may be made for stock, to the commissioners, before the organization of the company, in work, upon such terms as said president and directors, may agree to.
SEC. 25. Be it further enacted, That the stock of said company may be transferred or sold from one stockholder to another, in such manner as the president and directors may prescribe.
SEC. 26. Be it enacted, That the Lebanon and Harts- Lebanon
LANDON C. HAYNES,
Passed January 31, 1850.
Speaker of the Senate.
An Act to authorize the formation of Turnpike Companies.
SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That any number, not less than five, one half of whom shall be citizens of this State, may constitute themselves into a company to build a McAdamized, or planked turnpike road, who, before commencing business shall make, probate, and have registered in the register's office of each county through which the contemplated road is to pass, [a memorandum in writ
ing] signed by the members of the company, setting forth the name, and place of residence, of each person who has taken stock in the company; the name and style of the company; the description of the road whether McAdamized, or planked; the width of the bed, and gravel, or stone, or plank, and the grade of the road; and, also setting forth, with reasonable certainty, the contemplated points of termination, and general route of such road; the amount of capital stock to be employed in such enterprize; and the number and value of shares, or proportion of each stockholder, and a copy of the memorandum shall be filed in the office of the secretary of State.
SEC. 2. Be it enacted, That said persons so constitutIncorporation. ing themselves into a company, shall be deemed, and held a body corporate, and shall have succession for ninety-nine years, and shall sue, and be sued, in the name set forth in said memorandum; and may have a common seal. SEC. 3. Be it enacted, That any such company having for com- filed, and registed the memorandum aforesaid, shall surcompleting. vey, and locate a route of such road, and actually commence the construction thereof, within one year from the time of registration of the said memorandum, and shall bona fide, continue the making thereof, and complete the same, within five years therefrom, or within such further reasonable period, not exceeding ten years in all, as the Governor of the State may grant, if they are unable, with proper diligence, to complete the same within five years as aforesaid, which further time the Governor is authorized to grant; Provided, They are bona fide progressing with reasonable diligence.
Copy of route to. be filed
SEC. 4. Be it enacted, That any such company, shall, within the one year aforesaid, cause to be filed in the register's office of the several counties through which said road may pass, a copy of the survey of the route, and location of the road; and no alteration shall thereafter be made in the terminations, or route of such road exceeding two hundred yards from such original location, unless for good cause shown, and sanctioned by the county court of the county in which such alteration is desired to be made; and a map, or plate of such alteration, with a copy of the order of approval by the court, shall be made, and filed in the office of the register of the county wherein such alteration may be made.
SEC. 5. Be it enacted, That after such route shall have been surveyed, and located as aforesaid, if the contemplated route of said road shall run through the lands of any person who is unwilling, or incapable in law, to grant the same for such purpose, or with whom such company are unable to agree as to the price to be paid for such
land, for the use of such road, upon the application of either party by petition to the circuit court, a jury of five freeholders, disinterested, shall be summoned by the sheriff of the county, who shall (first having taken an oath a true verdict to give, which oath the sheriff is hereby authorized to administer,) assess the damages of the owner of the land, taking into consideration the advantages of the road to such person. The sheriff shall give each party five days' notice of the time, and place, of the setting of said jury; and shall return the verdict of the jury to the next term of said circuit court, which court shall thereupon enter up judgment upon said verdict, unless the same is set aside by the court for good cause shown. And if said verdict be set aside, the court shall order a new jury, who shall assess the damages in the same manner, and make return thereof, and upon final judgment being entered up, said company may enter upon, and take possession of said lands, not exceeding fifty feet in width, and may continue to hold, and use the same for the purposes of said road; Provided, That such company shall, in the first place and before such entry, pay, or tender to the owner, or his agent, the sum so assessed by the jury. The costs of the proceeding shall be paid by the company, unless they make it appear that they had offered to said person, or his or her agent, before the commencement of the proceeding in court, as large a sum as may have been assessed by the jury, in which case the costs shall be paid by the party who refused to accept the tender.
SEC. 6. Be it enacted, That whenever the route of State grants right such road shall pass through lands belonging to the State of way. of Tennessee, the exclusive use of such lands, to the extent of fifty feet in width, shall be, and is hereby granted to such company, for the purpose of constructing such road; and the free use of timber, stone, gravel and earth, on the lands of the State, convenient to any such road, is also granted.
SEC. 7. Be it enacted, That such road, if McAdam- style of Road. ized, shall be at least bedded twenty-four feet wide, the first coat of stone sixteen feet wide and six inches thick, the second coat of stone, or gravel, at least eight feet wide, and six inches thick, the stone of the last coat to be beat to the size at least of one half pound in weight; and if covered with plank, the covering of plank, shall be at least eighteen feet wide, and shall be graded to within five degrees of a level, and shall have sufficient ditches, and culverts, to drain off the water, and good bridges across the streams of water; except such rivers as the county court of the county in which that portion of the