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AN ACT to incorporate the North-eastern Plank or Rail Road Company of the State of Georgia, and to punish persons for violating the same.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority of the same, That for the purpose of constructing a Plank or Rail Road from the town of Washington in Wilkes county, to the town of Elberton in Elbert county in said State, Tinsley W. Rucker, Alfred Hammond, Henry P. Mattox, James Lofton, Robert Hester, Jefferson Bowman, Robert McMillan, William W. Bowen and John D. Watkins, of the county of Elbert, William Andres, B. W. Fortson, Henry P. Wooten, John Winn William Jordon and Samuel Winn, of Wilkes county, and their associates and successors in office, and assignees, be and they are hereby created a corporate body politic, by the name and style of the North-eastern Plank or Railroad Company, with vested rights and privileges, and by said corporate name and style shall be capable in law to purchase, accept, hold and sell and convey real and personal estate, make contracts, sue and be sued, to make by-laws, appoint all necessary officers and prescribe their duty, and to do all lawful acts properly incident and connected with the objects of the said corporation and necessary for the government and transaction of its business in the purposes of its incorporation, and to make and use a common seal, and the same to alter and destroy at its pleasure: Provided, that their bylaws be not repugnant to the Constitution and laws of the United States and of this State.
SEC. 2. And be it further enacted, That the capital stock of said company shall not exceed one million of dollars, to be divided into shares of one hundred dollars each; the Board of Directors shall prescribe the mode and conditions of the subscriptions for the stock in said company, and issue certi ficates for the same.
SECTION 3. And be it jurther enacted, That for the organization of the said company, the said persons herein before named, or a majority of them, shall appoint the times and places at which the subscriptions for stock in said company inay be made, and 'shall in a short time thereafter appoint a convenient time and place for the meeting of the subscribers for stock, of which they shall give notice in one of the public gazettes of the city of Augusta, and the Washington gazette, at which time and place they shall proceed to the election of seven Directors, who shall form and constitute the first Board of Directors, one of whom, said Directors shall elect as President thereof; and said President and Directors shall hold their offices for the term of one year, and shall prescribe in their by-laws the manner of holding the subse
quent annual elections for Directors and Presidents, and in all cases the stockholders shall be allowed to vote in person or by proxy, under power of Attorney duly executed, and each stockholder shall be entitled to as many votes as he or she may hold shares, in his or her own right, or as Trustee; the said Board of Directors shall have power to fill all vacancies which may occur in their Board, or other office, until the regular annual election by the stockholders, and shall fix the compensation of the President of said Board, and all other officers of said corporation; not less than four Directors shall constitute a Board for the transaction of business, of whom the President shall always be one, except in cases of sickness or necessary absence, in which case his place may be supplied by any one of the Directors present, to be elected President pro tem. by a majority of the Board present.
SECTION 4. Be it further enacted, That the said Board of Directors shall have power to select and take or receive, as donations, such strips and portions of land, not exceeding two hundred feet in width, for the construction, convenience and protection of said Plank or Rail Road; and in case of disagreement between the owner or owners, and the said Board of Directors, in relation to the damages or price of any such strip or strips, portion or portions of land, it may and shall be lawful for said Board of Directors to appoint one disinterested freeholder as an appraiser, and the owner or owners of such land another disinterested freeholder, if he, she or they should think proper, and the Justices of the Inferior Court, or a majority of them, of the county in which such land or lands may lie, shall appoint another disinterested freeholder, but if such owner or owners shall decline to appoint an appraiser on his, her or their part, then the Justices aforesaid shall appoint two, all of whom shall be sworn by a Justice of the Inferior Court, or Justice of the Peace, to make and return to said Inferior Court, a just, true and impartial valuation of the damages or value of such strip or strips, portion or portions of land thus required by said company, and their award shall be in writing, signed by at least a majority of said appraisers, and accompanied by a plat and full description of said land, which shall be considered as a judgment against the company for the amount awarded, and may be enforced by an execution from the said Inferior Court, and the said plat and description of said land shall be recorded in the said county in the same manner as deeds, and shall vest the fee-simple right to the said strip or strips, portion or portions of land in the said corporation: Provided, that if either party shall be dissatisfied with the award of the appraisers, he, she or they may appeal to the Superior Court of the county where the land lies, and have the damages ascertained by the verdict of a special jury at the first term, and such verdict shall be conclusive and binding on both parties.
SECTION 5. Be it further enacted, That the said company shall build and keep in good order substantial bridges or ways of passage across said Plank or Rail Road, whenever it may cross a public road; and if any person or persons shall wilfully and maliciously destroy or in any manner hurt, damage, injure or obstruct said Plank or Rail Road, or any of the appurtenances or appendages thereunto belonging or appertaining, such person or persons so offending shall be liable to be indicted for a misdemeanor, and on conviction thereof shall be imprisoned at hard labor in the Penitentiary, at the discretion of the Court, for a term not less than four years, and shall further be liable to pay all expenses for repairing or rebuilding the same.
SECTION 6. Be it further enacted, That the books, papers and correspondence, and the funds of said company shall at all times be subject to the inspection of the Board of Directors and the stockholders, at every meeting thereof, if required, and all bonds, notes or other evidences of debt, or contract, or liability or engagement on behalf of said company, shall be binding and obligatory on said corporation, when the same shall be signed by the President of said company and countersigned or attested by the Secretary thereof; and the funds of said company shall in no case be held responsible for any contract or engagement, unless the same shall be so signed, countersigned or attested as aforesaid.
SECTION 7. Be it further enacted, That said road shallcross Broad river at Anthony's Shoals, or any other point the said company may deem most practicable, and that said company shall have power to construct a bridge across said river in such style and manner as they may think fit, both for the purposes of said road, and for the passage of every description of travel that may wish to cross on said bridge; the President and Directors of said company shall have power to fix the rate of toll for passing said bridge: Provided, the rates be not greater than is allowed by law to the ferry across said river at Petersburg.
SECTION 8. Be it further enacted, That though the said road may finally pass through the Rabun Gap " to the northern line of the State, yet said company shall have power to construct one or more branches; they may also begin the construction of their road at any point that may seem most fit to the President and Directors; nevertheless, if such company shall not organize and commence the construction of its road in three years from the passage of this act, then the rights, powers and privileges conferred shall cease and determine.
SECTION 9. And be it further enacted, That the 9th section of an act to incorporate the Gainesville Rail Road Company, approved 28th December, 1847, shall become and be a part and parcel of this act.
Approved, December 21, 1849.
AN ACT to authorize the Savannah and Albany Railroad Company to make and use a Plank Road and branches in connection with their Railroad and branches or in lieu thereof.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by authority of the same, That the Savannah and Albany Railroad Company be authorized to construct and use Plank Roads in connection with their Railroad and branches; or if the company shall deem it expedient, they make and use Plank Roads in lieu of the Railroad and branches.
Approved, February 21, 1850.
AN ACT to incorporate the stockholders of the Cherokee Rail Road or Plank Road Company.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly_met, and it is hereby enacted by the authority of the same, That R. S. Simmons, Seaborn J. Johnson, Joshua R. Simmons, James Lake, William K. Posey, Oliver P. Fannin, James Alexander, Josiah Gill, Joel Dean, A. T. Hardin, Isaac Anderson, William Johnson, Robert Ihley, Sterlin Combs, James M. McIntire, Daniel R. Mitchell, Daniel S. Printup, A. A. Anderson and William E. Alexander, or such of them as shall associate under the name, or such other persons as shall associate under said name, shall be and are hereby incorporated and made a body politic, with all the rights and privileges common and necessary to such corporations, under the name of the Cherokee Rail or Plank Road Company.
SECTION 2. And be it further enacted, That said company shall be authorized to build a Railway or Plank Road, as to them may seem most desirable, from the Alabama line through Cave Spring to Rome, Georgia,charging upon every mile thereof as completed, such amount for freight or travel as may be deemed expedient; and for procuring stock in the same, to open books and procure subscriptions of stock at the rate of twenty dollars per share, at such times and places as may be thought proper; to elect Presidents and Directors, agents and servants, to borrow money, make contracts and hold real or personal estate to and for the use of said road.
SECTION 3. And be it further enacted, That in all cases. where a question of right of way shall arise and the parties be unable to agree, the Sheriff of the county of Floyd shall summon a jury of twelve jurors, freeholders of the county, who shall assess the damages to be paid by said company,
for running said road over the land of any citizen, saving to either party the right of appeal to the Superior Court, under the laws now regulating appeals to that Court, and in all instances such jurors shall in addition to the usual oath, be severally sworn in assessing damages, to take into the account the prospective value of the road to the land and premises through which it may run, and to hear evidence touching the same.
SECTION 4. And be it further enacted, That said company shall be authorized to make such contracts for, and to appropriate all lands for the right of way, and materials. necessary for the construction of said road, making proper and just compensation therefor, according to the plan set forth in section the third, and to take such other measures not unlawful in themselves, as may be necessary to build said road and carry out the objects of the same.
SECTION 5. And be it further enacted, That the said company shall not be permitted to build a Rail Road until they shall first have obtained the consent of the Steamboat Company upon the Coosa river.
Approved, February 21, 1850.
AN ACT to alter and amend an act entitled an act to incorporate the Ocmulgee Railroad Company, and to punish persons for violating the provisions of the same.
SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met, and it is hereby enacted by the authority aforesaid, That the time for grading five miles of said road, as specified in the 11th section of the before recited act, be and the same is hereby revived and extended to five years from and after the passage of this act.
SECTION 2. And be it further enacted, That all laws and parts of laws militating against this act, be and the same are hereby repealed.
Approved, February 5, 1850.
AN ACT to alter and amend the third section of an act entitled an act to amend an act to incorporate the Muscogee Railroad Company, and to punish persons for violating the provisions of the same, approved December 27th, 1845, and to authorize said company to take and hold in fee simple the plat of ground granted to the same by the Mayor and Council of the city of Columbus, passed the 27th of December, 1847, so far as to change the shape of