open a turnpike road commencing at the town of Lexing ton, in Henderson county, and running down Beech river to Perryville. SEC. 12. Be it enacted, That it shall be the duty of said Williams to open said road twenty feet in width, and to be graded six degrees or less, so that the passage of horses, carriages, &c. will not be impeded. SEC. 13. Be it enacted, That the said Williams, his heirs Rates of Toll. and assigns, are authorized to erect and keep a gate on said road, and to demand and receive from any person or persons passing said road, the following rates of toll: for every wagon with eight horses, mules or oxen, 75 cents; for every wagon with six horses, mules or oxen, 50 cents; for wagon with five or four horses, mules or oxen 35 cents; each cart and horse, mule or oxen, 20 cents; each four wheel pleasure carriage 35 cents; each two wheel pleasure carriage, 20 cents; carryalls, dearborns and two horse wagons 20 cents; man and horse or mule, 10 cents; all loose horses, mules or cattle 3 cents each; hogs and sheep one cent each; and the said toll may be received at any point on said road that the proprietor may designate. SEC. 14. Be it enacted, That if any person or persons Forfeiture. shall forcibly or secretly pass said gate, without paying the above specified toll, such person or persons so offending, shall forfeit and pay twenty dollars for every such offence, to be recovered by said Williams, his heirs and assigns, before any justice of the peace. Commissioners. SEC. 15. Be it enacted, That John Harman, Philip Walker, of the county of Henderson, and John L. Houston, of the county of Perry, be and they are hereby appointed commissioners, whose duty it shall be, when satisfied from examination, that one half of said road is completed as contemplated by this act, they shall authorize the said Williams to receive one half of the toll specified by the thirteenth section of this act; and when the whole of said road shall have been completed, according to the spirit and meaning of this act, the said commissioners after examining said road, shall find the same to be in a proper state of repair, shall authorize the said Williams to receive the full amount of toll before specified. SEC. 16. Be it further enacted, That the said commissioners shall each receive one dollar for every day employed in examining said road, to be paid by the proprietor. SEC. 17. Be it enacted, That the said Christopher H. Time allowed. Williams, his heirs and assigns, shall have the term of four years, from the first of January, 1846, to complete said road. SEC. 18. Be it enacted, That the said Christopher H. Right-how Williams, his heirs and assigns, shall have and enjoy the long. rights and privileges of said road, for twenty-five years from and after its completion. SEC. 19. Be it enacted, That it shall not be lawful for any Evasion of toll. person or persons to open a road within three miles of said road, which shall have for its object the evasion of paying toll on said road. SEC. 20. That if any person or persons, shall give infor- Out of repair. mation on oath to said commissioners, that the said road is not kept in repair by the proprietor, as contemplated by this act, it shall be the duty of said commissioners forthwith, to examine the same, and if they find the road not in order as contemplated, it shall be their duty to open the gate, and the same shall remain open until the said road is put in repair; and if the said proprietor shall neglect or refuse to keep the said road in repair for twelve months at any one time, he shall forfeit all the rights and privileges herein conferred." Commissioners. SEC. 21. That if any or all of said commissioners, die or Vacancy of remove from the counties of Henderson and Perry, it shall be the duty of the county court of Henderson county to elect two, and the county court of Perry county to elect one commissioner, who shall have the same power, and whose duties shall be the same of those appointed by the fifth section of this act. SEC. 22. That if the said Williams, directly or indirect- Forfeiture. ly exacts or receives any toll from any person or persons, while the road is out of repair, and the gate opened by the commissioners, he shall forfeit and pay the sum of five dollars, to be recovered by any person before any justice of the Peace in the counties of Henderson or Perry. SEC. 23. Be it enacted, That James L. Armstrong, Matt. Martin, Jr., John W, Ragsdale, Joshua P. Scott, Samuel Haggard and Henry Holt, of Bedford county, and William S. Watterson, of Coffee county, or a majority of them, are hereby authorized to open books of subscription in a turnpike road from Shelbyville, in Bedford county, by the way of Davis's mills, to Beech Grove, in Coffee county. SEC. 24. Be it enacted, That the subscribers for stock in said road, be and they are hereby created a body politic and corporate, under the name of the Shelbyville and Beech Grove Turnpike Company, and by that name may sue and be sued, and, may make contracts with or without a common seal, and have all of the rights, and exercise all the powers and privileges conferred by the charter on the Nashville, Murfreesborough and Shelbyville turnpike company. Road from Shelbyville to Beech Grove. Incorporation. SEC. 25. Be it enacted, That the capital stock of said Capital. company shall not exceed seventy-five thousand dollars, to be divided into shares of one hundred dollars each. SEC. 26. Be it enacted, That so soon as ten thousand dol ized. When organ-lars is subscribed, a meeting of the stockholders may be called by the said commissioners, for the purpose of organ izing and having said road laid out, and taking all other necessary steps for its construction, BROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON, Passed January 21, 1846. Speaker of the Senate. CHAPTER XCIV. An Act to pay Duke Williams thirty-six dollars. Be it enacted by the General Assembly of the State of Tennessee, That the Comptroller issue his warrant to the Treasurer, to pay to Duke Williams, of Fayette county, or to his order, the sum of thirty-six dollars, for services rendered by him in bringing up the report of the commissioners of the Bank at Sommerville. BROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON, Passed January 23, 1846. Speaker of the Senate. CHAPTER XCV. An Act to relieve the State and counties from the payment of costs in certain cases. SECTION 1. Be it enacted by the General Assembly of the Clerk's fees. State of Tennessee, That hereafter no clerk of the circuit court in this State shall be entitled to any fees in any suits hereafter determined, when such fees shall become chargeable to the State or county, in consequence of any omission or defect of record by said clerk. eral's fees. SEC. 2. Be it further enacted, That hereafter no attorney Attorney Gen- general, in this State, shall be allowed any fee in any prosecution, either by presentment or indictment, hereafter determined, wherein the State or county may become chargeable in consequence of any defect in said bill of indictment or presentment. Provided, That when the judge of the court dictates the entry thus defective, the clerk shall be entitled to his costs as heretofore. Judgment part of record. SEC. 3. Be it further enacted, That judges of circuit courts, severally, in this State, shall in rendering judgment in such case, have that fact made a part of the record of said court. BROOKINS CAMPBELL, Passed January 23, 1846. Speaker of the Senate. CHAPTER XCVI. A An Act to declare Tuscumbia river navigable from its mouth, up to the State line of Mississippi. Tuscumbia riy SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That Tuscumbia river be and is hereby er navigable. declared navigable from its mouth to the line between this State and the State of Mississippi, in the county of McNairy. Proviso. SEC. 2. Be it enacted, That Rutherford's fork of the Obion Rutherford's river, be and the same is hereby declared navigable as far fork navigable. up said stream as the bridge across the same, near Waterford, the family residence of Richard Harvey; but nothing herein contained shall be so construed as to subject the owner or owners of any mill, heretofore constructed on said stream, below the point to which it is now declared navigable, to prosecution for obstructing the same by the erection or continuance of such mill, nor to subject such mill-owner to the construction of a lock, to admit the passage of boats, without reasonable compensation therefor. Nor shall any thing herein provided, be so construed as to require the commissioners for the improvement of the navigation of said river to expend any portion of the appropriation to the rivers of the Western District, above Hassel's mill, unless in the opinion of said commissioners the public good requires it. BROOKINS CAMPBELL, Passed January 23, 1846. Speaker of the Senate. Be it enacted by the General Assembly of the State of Tennessee, That whenever it shall be satisfactorily made to appear, to any county court in this State, that there is within the limits of their respective counties any indigent, decrepid person or persons, or idiots, who are unable by manual labor or physical exertions to obtain a living or support, said county court shall have power to exonerate and exempt said indigent, decrepid person or persons, or idiots, from working on public roads, or paying poll tax, or both, as to said court may appear right and just. BROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON, Passed January 24, 1846. Speaker of the Senate. females. CHAPTER XCVIII. An Act to authorize the Trustees of the Huntingdon Male Academy to appropri ate one-half of the Academy fund now on hands, or that may hereafter accrue. to the use of the Huntingdon Female Academy.. SECTION 1. Be it enacted, by the General Assembly of the for males and State of Tennessee, That the Academy at Huntingdon shall consist of two separate houses, to be known as the male and female departments, to be governed by the same board of trustees. Trustees to purchase. SEC. 2. Be it enacted, That the said trustees are hereby authorized to purchase a suitable lot in the town of Huntingdon, or in the vicinity of the same, on which to erect and contract for the building of the female department, and apply the academy fund to the male and female departments, in such proportions as said board of trustees may deem most advisable. BROOKINS CAPBELL, Speaker of the House of Representatives. H. M. WATTERSON, Passed January 24, 1846. Speaker of the Senate. |