Бервіг. disabilities may be similar in all the States of Tennessee and Kentucky. SEC. 44. Any individual, or individuals, bodies corporate or States, may construct branches to unite with the main road from Nashville to Louisville, or any branch thereof, with the permission of the Legislature of the State where such branches may be situated, and by and with the written assent of the president and directors of said railroad company; and it shall be the duty of the said company, when required, to receive on their road and its branches, the fully loaded freight cars from such branches so to be united with them, and to transport the same to their point of distination, and to return them, if required, without charging the loads thereon, or charging for the transportation of the goods, wares, merchandise and produce thereon, any greater rate of freight than they charge for similar goods, wares, merchandise and produce in their own cars: Provided, That the company shall not be compelled to receive any such cars on their road or branches, unless they are constructed in the same manner, and of equal strength with their own cars, of which the engineers of that section of the main road shall be the judge: And provided, That the company shall not be compelled to receive any car from such branches, without receiving payment for at least twenty miles transportation: And provided also, That the said company shall be entitled, in all respects, to similar and equal privileges, on any branches constructed to unite with their road, or branches subject to the same restraints. SEC. 45. The said company shall begin the construction of said road within five years from the first day of June, one thousand, eight hundred and fifty, and complete the main road from the termination at Louisville to Nashville, in fifteen years from and after the passage of this act. SEC. 46. When the road shall be completed from the When road out of termination at Louisville to Nashville, it shall be the duty of the company to keep all parts thereof, in a state for regular transportation, on the whole length thereof, and in case the said rail road shall be out of repair, or so injured in any part, as to interrupt the transportion thereon, it shall be the duty of the company, with due expedition, to repair the same; and in case the company should neglect, unreasonably, so to do, it shall be lawful for a judge of the court of last resort, having general chancery powers in the State, where such repair is required, at chambers, after due notice to the company, to make an order that no charge shall be made for transpor tation of goods, wares, merchandise or produce, on any part of said road, within twenty-five miles of said interruption, which order shall not release the company from their obligation to transport on all parts of the road which may be in repair: Provided, That no such order shall be made when it shall appear to the judge, that the company used due diligence, to make the said repair, or that the part injured is incapable of being restored, or that no other line of road, or another mode of conveyance may be beneficially to the public substituted in place of the part injured or out of repair, which order of the judge shall be continued in force, only until the expiration of ten days after the next meeting of the court of last resort, of which the said judge shall be a member, unless the same shall be confirmed by the said court; and any judge of the said court at chambers, may repeal such original or confirmed order, on evidence that the injury is repaired, or the substitute provided, and transportation is resumed on the part of the road embraced in said order. SEC. 47. That the said president and directors, or a majority of them, may appoint all such officers, agents, engineers and servants whatsoever, as they may deem necessary for the transaction of the business of the company, and may remove any of them at their pleasure; that they or a majority of them shall have power to fix and determine by contract the compensation of all the engineers, officers, agents, servants, and others, in the employment of the said company, and to regulate by their bylaws, the manner of adjusting and settling all accounts in favor or against the company; that they or a majority of them shall have power to erect buildings and depots, for the storage and safe keeping of articles entrusted to or with them, for transportation, and for workshops, offices and other purposes necessary for the business, or for the safe keeping of the locomotives, cars and other property of the company; and they or a majority, shall have power to direct the manner and by what evidence the stock in said company may be transferred. SEC. 48. The president and directors, or a majority of Board may them, shall have power to cause such examinations and survey surveys to be made for the route of such railroad and branches, as may be necessary to the selection by them, of the most advantageous line, route, course or way for said railroad, and shall, as soon thereafter as practicable, select and determine the route on which said railroad shall be constructed, and locate the same. May borrow 10 SEC. 49. That said corporation shall have power and authority, to borrow not exceeding two millions of dol-ey lars, at an interest not exceeding seven per cent. per an ble. num, and to pledge and mortgage the road or any other property, or any part thereof, belonging to the company, to secure the payment of the money so borrowed, and may issue bonds, or certificates of stock therefor, but no bond, certificate of stock, or notes shall be issued to circulate as bank notes. SEC. 50. This charter shall, from time to time, be Charter amenda- amended by the Legislatures of the States of Tennessee and Kentucky, whenever the president and directors shall unanimously petition for amendments, specifying in the petition, the nature of the amendments, and when such amendments shall be adopted by the Legislatures of the States of Tennessee and Kentucky, and submitted to the directory, and be accepted and adopted unanimously, by the president and directors, they shall be obligatory on the stockholders, and not otherwise. SEC. 51. That this act shall become a law, whenever the State of Kentucky may enact the same for the same purpose, with such modifications and amendments as they may deem right, not inconsistent with the provisions hereof: Provided, however, That if the said State of Kentucky, should not enact or co-operate in this charter during the present year, when the same is enacted, the time shall be allowed thereafter, as is now allowed to do and perform certain things required by the provisions of this act. LANDON C. HAYNES, Speaker of the House of Representatives- Passed February 9, 1850. Speaker of the Senate. CHAPTER LXXVII. An Act to reduce the expense of laying off widows' dowers. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the quarterly and quorum county courts shall have concurrent jurisdiction with the circuit and chancery courts, in applications for laying off widows' dowers. SEC. 2. That it shall and may be lawful for any widow having any claim to dower, to make application, verbally or in writing, to any one of the said courts, in the county where the husband of said widow last resided before his death, for the appointment of two freeholders of said county, unconnected by affinity or consanguinity, with those interested in the estate of said deceased; which said freeholders, in connection with the county surveyor or his deputy, shall, as commissioners, allot and set off to said widow, her dower, according to law, under the same rules, regulations and restrictions, as dower has heretofore been assigned: Provided, If said surveyor be connected with any of the parties interested, either by affinity or consanguinity, the court shall appoint some other competent surveyor in the room and stead of said county. surveyor. Executor, Guardian and Legatees to have no SEC. 3. That before making said application, the wid- Administrator, ow shall give to the executor or administrator, if. one has been appointed, and the legatees or heirs, who may reside in this State, five days' notice in writing, of her intended application; and if there be minors interested, their guardians shall be notified, and if a guardian or guardians, have not been appointed for said minor or minors, the court shall be deemed and held the guardian ad litem for said minor or minors. SEC. 4. That it shall not be necessary to give notice to non-residents by publication in a newspaper or otherwise; but such non-resident interested in the estate of said deceased, shall have three years from the date of such application for dower, within which he, she, or they, who may deen him, her or themselves aggrieved by the proceedings, to move for a rehearing of said cause; and the costs on such application for a rehearing, shall be taxed as may be deemed just by the court: Provided, Said applicant or applicants for a rehearing, shall give to the other parties interested, the same notice as is provided to be given by the widow upon her application. SEC. 5. That the notice, herein provided for, may be acknowledged by the parties, or may be served by a sheriff, his deputy, or a constable; and the return of a copy of such notice, with the acknowledgment of the party, or parties or the return of a sheriff, deputy sheriff, or constable, properly endorsed, shall be sufficient evidence of notice; or said notice may be served by any other person, and the affidavit of such person made of the fact, before the clerk, out of term time, or in open court in term time, and endorsed on the back of such copy of notice, shall be sufficient evidence of notice. SEC. 6. That the clerk of the court shall, within forty days after the adjournment of the court, deliver to said county surveyor or such person as may be appointed in his room and stead, a copy of the order or decree; and thereupon, said surveyor, or other person appointed in his room and stead, shall notify said other two commissioners, of the time and place he may think proper to designate, for the discharge of their duty; said commissioners shall, before entering upon the discharge of their duties, go before some judge or justice of the peace, and take an oath for the faithful and true performance of their duties as such commissioners. SEC. 7. That said commissioners shall, in their report, exhibit a plat of said dower, and also plainly set forth the same by metes and bounds; which said report the clerk of the court shall spread upon the records of the court, if the same is confirmed by the court. SEC. 8. That the following fees and compensation be Fees allowed for the services herein provided for, viz: For the service of each notice, twenty-five cents; to the clerk, for the order or decree, twenty-five cents; for a copy of the sa:ne to be delivered to the surveyor, twenty-five cents; for recording the report of the commissioners, fifty cents; to each of the two commissioners, one dollar; to the surveyor acting as commissioner, two dollars, where the land out of which the dower is taken, shall not exceed three hundred acres, and for every hundred acres exceeding that quantity, fifty cents; provided, it does not exceed one thousand acres, and for every hundred acres above one thousand and under two thousand acres, thirty cents; and for each hundred acres above two thousand acres, twenty cents; said surveyor shall also be allowed five cents for each mile the lands may be distant from the court house of his county. SEC. 9. That should any of the lands, of which the applicant may be entitled to be endowed, lie out of the county where the application is made, the commissioners, if so directed by the order of the court, shall take such lands into the estimate, and be allowed four cents per mile for each mile they may necessarily travel, in going to and returning from said lands. LANDON C. HAYNES, Speaker of the Senate. Passed December 17, 1849. |
