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given to the subscribers, and when convened may proceed to elect five directors who shall be stockholders, and three of whom shall constitute a quorum to do business, to pass by-laws and organize the company, and commence the construction of said road, and so soon as five miles shall be completed, the said President and Directors shall have the power to erect one toll gate, and for every additional five miles completed by them, they may erect an additional gate at each of which they are hereby authorized to charge and receive the same rates of toll allowed by the Nashville and Murfreesborough turnpike company, and it shall not be lawful to open or construct any other road to run parallel to, and so near the said turnpike as materially to injure the same.
SEC. 5. Be it enacted, That at the first meeting each stockholder shall be entitled to one vote for every share of stock subscribed by him. The Directors so elected shall elect one of their number President, one Secretary, and another Treasurer, and it shall be the duty of the President and Directors to have the said road constructed, and shall have the entire management of the same. They shall hold their offices for one year and until their successors shall be elected, and said election shall be held about the 1st of January in each year, but it shall be the duty of the President to give at least ten days notice of the time and place of holding such 'election.
SEC. 6. Be it enacted, That for the purpose of making said road and keeping it in repair, the Directors or their agents may cut, dig and quarry, and take from the lands of any person within one mile of said road, such and so much timber, rock, earth or gravel, as may be necessary for said purposes, and if any person or persons over whose lands said road shall pass, or from whose land such materials may be taken, shall derive compensation therefor, and in the event they cannot settle and agree with the said directors as to the damages done their lands, or the value of such materials so taken, he, she or they, may apply to any justice of the peace in the county, who shall appoint three disinterested freeholders, whose duty it shall be to estimate the value of such materials or of the damages so occasioned, and make out a report or certificate thereof in writing upon oath to the injured party or parties, taking into view always the advantages and disadvantages of said road to said lands, and such assessment of damages or valuation of materials, if any, may be recovered before any tribunal having cognizance thereof.
SEC. 7. Be it enacted, That said road shall be graded Style of road. at least twenty-two feet wide, with sufficient ditches on either side to carry off the water and drain the same, and shall be substantially graveled or paved sixteen feet wide and averaging nine inches deep, shall gradually descend from the middle to the ditches, and in all respects to be completed in a faithful turnpike road manner.
Penalty for read
SEC. 8. Be it enacted, That should said road not be kept in good repair for ten days in succession, it may be out of repair. lawful for any person to apply to a justice of the peace in the vicinity of the road, and inform him of the condition of the road, and it shall be the duty of said justice of the peace to appoint three disinterested free holders to examine said road and to report upon oath, and if they so report or any two of them, that the road is not in good repair as required by this act, the said justice of the peace shall direct the constable to open the nearest gate and stop the collection of tolls, until the same shall be duly and fully repaired, as required by this act, and the said President and directors shall pay the cost of this proceeding, but if it shall appear that the road is in good repair, the case shall be dismissed at the cost of the informant.
SEC. 9. Be it enacted, That if any person shall refuse Penalty for aor neglect to pay the toll hereby granted, but shall pass said gate without paying the same, the toll gatherer may lawfully refuse to such person a passage, and said toll gatherer may by warrant from any justice of the peace, recover from such person so refusing, the sum of five dollars for each such offence for the use of the com-' pany, and if any person shall travel on said road and come near to a toll gate, and then turn off the same and go around the gate and return to said road beyond such gate for the purpose of avoiding the payment of toll, he shall be subject to the same liabilities as set forth in this section, concerning persons passing such gate and refusing to pay his toll.
SEC. 10. Be it enacted, That the stockholders shall Transfer of stock have the right of transfering their stock by sale, gift or otherwise, as they may desire, and the assignee or assignees of said stock so transferred shall be entitled to all the rights, privileges and immunities, and subject to all the responsibilities and liabilities of the original members of the company.
SEC. 11. Be it further enacted, That when Samuels. W. Atkinson's W. Atkinson shall complete the bridge over big Harpeth river on the road from Nashville to Charlotte, and free it from debt by his own means, and by the aid of
such subscriptions as may have been heretofore made, and extend the graded road towards Charlotte in Dixon county, so as to make full fifteen miles of graded road from the end of the Charlotte turnpike road, he may charge and collect at his gate, about one mile east of said Harpeth river, double the rates of toll allowed by law at his gate on the ridge, or by each gate on the Charlotte turnpike road; Provided, that said bridge shall remain open and free for the passage of all persons free of toll; and provided further, that he have but the one gate on said last ten miles of said road.
SEC. 12. Be it further enacted, That if any person or persons will pay or cause to be paid said Atkinson, on or before the 1st day of January, 1851, a just and reasonable compensation for his work done on said bridge and in extending said graded road, (such compensation to be ascertained by each party concerned choosing one disinterested freeholder, and the two thus chosen shall choose a third who shall examine said work and estimate the value of the same, and their decision or any two of them shall be binding upon the parties and recoverable before any jurisdiction having cognizance thereof,) then and in that case, upon the payment of such estimation-all the privileges and immunities herein granted to said Samuel W. Atkinson shall for
LANDON C. HAYNES,
Speaker of the Senate.
Passed, January 24th, 1850.
An Act giving further time to perfect Titles to Lands in this State.
Be it enacted by the General Assembly of the State of Tennessee, That further time be given until the first day of September, 1851, for making Surveys, and attaining Grants on all entries heretofore made in any of the land offices in this State.
LANDON C. HAYNES,
Passed January 24, 1850.
Speaker of the Senate.
An Act to alter and change the dividing line between the counties of Smith and DeKalb.
SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the dividing line between the counties of Smith and DeKalb, be so altered and changed as to include Nicholas Smith, Andrew Vantreece, and John Robinson's residences and farms, and others, in the county of DeKalb, to wit: Beginning at the south bank of Smith's Fork, where the line of DeKalb county leaves said creek, (John Reynold's northeast corner,) thence down said creek with its meanders, to where the road crosses the same, some three or four hundred yards below said Smith's mill, and thence east with said road to said Robinson's northwest corner, and thence east with said Robinson's north boundary, to the top of the ridge-and thence north-east with the dividing ridge between the waters of Long Branch and Cove Hollow, to Caney Fork river, near the mouth of Cove Hollow, and thence up said river to the DeKalb county line.
Sec. 2. Be it enacted, That the line between the counties of Smith and DeKalb, be so changed as to include the farm and residence of John F. Goodner, in the county of DeKalb, to wit: Beginning at Jesse D. Allen's north-east corner, running north-east with said Goodner's line to his north-east corner, and thence south-east with said Goodner's line to the DeKalb county line.
LANDON C. HAYNES,
Passed, Feb. 1, 1850.
Speaker of the Senate.
An Act to incorporate the Trustees of Dixon Springs Female Academy, and for other purposes.
SECTION 1. Be it enacted by the General Assembly of Incorporation the State of Tennessee, That David Burford, Henry Brooks, William S. Alexander, James H. Vaughan,
Hugh H. Bradley, H. S. Crain, and Archibald DeBow, be and they are hereby constituted a body politic and corporate, by the name of the Dixon's Springs Female Academy, and shall have perpetual succession, and be capable in law or otherwise, to purchase, receive and hold to themselves and their successors, any lands, tenements, goods, or chattels, which may be given, granted, or devised to them, or purchased by them for the use and benefit of said Academy, and to appropriate, use, and dispose of the same, in such manner as to them, may seem fit and proper for the use and benefit of the Academy aforesaid; and the said Trustees and their successors by the name aforesaid, may sue and be sued, and be impleaded, in any court of law and equity in this State, or elsewhere.
SEC. 2. Be it enacted, That the Trustees aforesaid, and their successors, shall have power to hold such meetings at the said Academy, at such times as may be agreed upon from time to time, by a majority of the board of Trustees aforesaid, and their successors, to appoint a President, Secretary, and Treasurer, of said board, and fill all vacancies that may happen by death, resignation, or otherwise; also to adopt such rules and regulations from time to time, as to them may seem right and proper for the election of their successors in office, and who shall be entitled to vote for said Trustees, a majority of said Trustees being present at the adoption of such regulations; and a quorum of not less than three members, shall transact any business relating to the management, interest, or .government of said institution.
SEC. 3. Be it enacted, That the Stockholders of said Trustees elected Academy elect Trustees annually, and in case they fail to elect Trustees, that the trustees then in office, be and remain until an election shall take place.
SEC. 4. Be it enacted, That said board of Trustees, May make by and their successors in office, together with their Secretary and Treasurer, shall have power from time to time, to make such by-laws, rules and regulations relative to said Academy, and the government thereof, and their own proceedings, as a majority of said board may deem right and proper, Provided, they are not inconsistent with the constitution and laws of the United States, and of the State of Tennessee.
SEC. 5. Be it enacted, That a body corporate and poPanters Manu- litic, is hereby created, by the name and style of the Planters' Manufacturing Company, to be located in the county of Rutherford.