loaded wagon fifteen cents; for every man and horse or mule five cents, at each and every gate erected on said road. Provided, said road shall be completed within five years from and after the first day of May next. SEC. 19. Be it enacted, That if any person shall fail or Refusal to pay refuse to pay the toll hereby granted, at the time of offering toll. to pass, the toll-gatherer may lawfully refuse a passage to such person or persons, or other things subject to toll as aforesaid, or if any article or thing liable to toll, shall by any means pass without payment when demanded by the toll-gatherer, the company may by warrant, from any justice of the peace, recover from the owner of, or person in possession of the article or subject of toll, five dollars for each offence, to be sued for in the name of the President of the board of directors for said company. pair road. SEC. 20. Be it enacted, That if said company shall fail Failure to reto keep said road in good repair for the space of ten days, and information shall be given to any justice of the peace in the neighborhood, he shall issue his warrant to a consta ble, commanding him to summon three freeholders to meet at a certain time, and at the place complained of, reasonable previous notice in writing having been given to the president or some one of the directors of said board; and if on report of said freeholders, on oath, it shall be found in the presence of said magistrate, that said road is out of repair according to the intent and meaning of this act, the toll hereby granted shall cease to be demanded, until such defective part of said road shall be put in good repair. with rock, grav SEC. 21. Be it enacted, That the said president and di- Road covered rectors may, at their discretion, cover said road with lime-el or charcoal. stone rock, broken and prepared upon the McAdam plan, twenty-five feet wide, or with gravel the same width, either of which shall be twelve inches in thickness, or they may, at their discretion, cover the whole or a portion of said road with charcoal of a sufficient depth. SEC. 22. Be it enacted, That the capital stock of said Capital stock. road shall be seventy thousand dollars, in shares of fifty dollars each, and in all elections each share shall be entitled to one vote. The payment of said stock shall be called for at the discretion of the President and Directors of the Company, and upon failure to pay according to the calls as aforesaid, said President and Directors may declare the stock of said delinquent to be forfeited to said company, or may sue for and recover the amount before any tribunal having jurisdiction thereof, at their election. Provided further, That at least thirty days notice of such call shall be given the stockholders of said company, by advertisement in some public newspaper published nearest the locality of said road. SEC. 23. Be it enacted, That on the first Monday in March, ing and elee tions. Annual meet in each and every year, there shall be a meeting of the stockholders, at such place as the President and Directors may appoint, for the purpose of taking into consideration the general condition of said company, and for the purpose of electing directors for the ensuing year, who shall hold their offices for one year, and until their successors are elected and qualified, and should no election take place then, it shall take place at any such time thereafter as the President and Directors may designate, whose duty it shall be immediately to designate the time and place of holding an election, giving thirty days notice thereof in some newspaper published nearest to said road. of officers. SEC. 24. Be it enacted, That said President and Directors Appointment shall have power to appoint all such officers, agents, and servants as they may deem necessary, and determine by their by-laws the manner of adjusting all accounts against the company, and also the manner and evidence of transfers of stock in said company, and may pass all by-laws, not contrary the laws and constitution of this State or the United States. rectors. SEC. 25. Be it enacted, That the President and Directors Powers of Di shall have power at any time after one-third of the stock in said road shall have been subscribed for, to let out the cuting out, grading and completing so much of said road as the amount subscribed will pay for, and in such amounts as they choose, and upon the plan of only grading said road, or covering it with limestone rock upon the McAdam plan, or with gravel or charcoal, as herein above set forth and specified, as said President and Directors shall and may determine, reserving, however, such portion of the subscription as they may deem necessary for incidental expenses on said road, and at any time thereafter may let out the balance subscribed for in the same manner. Provided, That the stockholders shall have the preference in taking such jobs over all other persons at the same rates at which others who are not stockholders will take them, and in all cases of letting out such jobs, or parts of work to be done on said road, reasonable notice shall be given in some newspaper published nearest said road. And the grade of said road shall in no place be over three degrees elevation. SEC. 26. Be it enacted, That said road shall commence Route of road. at the end of the turnpike road near the top of Snow's hill, east of the town of Liberty, in DeKalb county, passing through Smithville, and terminating at the town of Sparta, in White county. Provided always, That it shall be the duty of said President and Directors, to cause to be mile-marked said road with permanent and substantial materials, and upon failure thereof, shall be subject to presentment or indictment, and liable to all the penalties to which overseers of public roads are liable for similar offences. SEC. 27. Be it enacted, That this charter shall exist and Charter. be in full force for the full space and term of one hundred years, from and after the first day of January next. SEC. 28. Be it enacted, That at all points on said road, Width of road. embracing the bluffs on the Caney Fork, on either side of said river, the road shall be made only twenty-five feet wide, with a ditch on the upper side of sufficient capacity to carry off the water, with a sufficient number of culverts, built of stone in a substantial manner under said road, securely covered with rock to pass the water down the hills, at the discharging point to be built of rock at an angle of forty-five degrees after it passes beyond the outside of the road. Provided also, That all persons and carriages, in going to and returning from church, muster or mill, shall pass without the payment of toll. SEC. 29. Be it enacted, That should the President and To pass free. Directors determine to grade said road only, and not to cover the same with limestone rock, upon the McAdam plan, or with gravel or charcoal, as herein before specified, then it shall only be lawful to erect gates and receive toll thereon for every ten miles of said road so finished and completed as aforesaid, with the right to demand and receive at each gate the rate of tolls herein above mentioned. SEC. 30. Be it enacted, That, provided, nothing in this act shall be so construed as to require the Governor to subscribe for stock in any of said roads. BROOKINS CAMPBELL, State not to take stock. Passed Dec. 12, 1845. Speaker of the Senate. CHAPTER XXXIV. An Act for the relief of Elijah Embry, and to secure the Academy fund due from him. Whereas, It is represented to this General Assembly that a judgment was obtained against Elijah Embry and his securities in the circuit court of Washington county, for about the sum of forty-three hundred dollars and costs due to the Academy fund in this State, on which judgment there has been paid, about the sum of two thousand dollars; and whereas, the said Elijah Embry has proposed terms of settlement of said judgment, wherefore: SECTION 1. Be it enacted by the General Assembly of the May give new State of Tennessee, That said Elijah Embry may settle the note. balance due on the judgments aforesaid, in the following Notes to be satisfactory to Bank. manner to wit: the said Elijah Embry and all the securities against whom judgment has been obtained, may put in their note with additional security or endorsers payable in one of the Branches in East Tennessee, of the Bank of Tennessee, for the amount due on said judgment with interest up to the time oftaking said note and renewable every six months, paying the interest in advance, and at every second renewal they shall pay one fourth of the principal until the whole is discharged; Provided, that said Embry before he avails himself of the benefit of this act, shall pay all the costs which have been incurred in said suit; And provided further, that this act and the notes which are taken, in consequence of it shall not release the judgment aforesaid, but the same shall remain in full force until the whole sum is paid. SEC. 2. Be it enacted, That before the Directory of the Bank is authorized to discount said note and before it is received as collateral security for the payment of said judgment, the Directory shall be satisfied that the drawer and endorsers thereof are undoubtedly good and solvent, and should any of the persons against whom the said judgment was obtained, die or be dead at the passage of this act, the survivors may give their note under the first section of this act; Provided, they and their endorsers are esteemed undoubtedly good and solvent, and upon the punctual compliance of the foregoing conditions, the said Elijah Embry and his securities shall be entitled to the stay of execution until the whole sum is paid and the judgement discharged; And provided also, that all of the securities against whom said judgment is rendered, shall agree in writing to said stay of execution as provided by the provisions of this act, which agreement shall be entered upon the records of the Court where said judgment is rendered. BROOKINS CAMPBELL, Speaker of the House of Representatives. H. M. WATTERSON, Passed December 24th, 1845. Speaker of the Senate. County court to CHAPTER XXXV. An Act to authorize the County Court of Jefferson county to appoint a Revenue SECTION 1. Be it enacted by the General Assembly of the appoint revenue State of Tennessee, That the county court of Jefferson be and collector. are hereby authorized to appoint a revenue collector, to collect the County and State taxes that are due from said county for the year 1844. SEC. 2. Be it enacted, That said revenue collector shall Powers. have the same powers and authority with which sheriffs and collectors are vested in other cases. SEC. 3. Be it enacted, That said revenue collector shall Duties. be required by this act, to collect and make return of said taxes within the time, and under the same regulations and restrictions prescribed by law in other cases. Pro SEC. 4. Be it enacted, That all persons who have paid Exemptions. their taxes, or any part thereof, for the year 1844, shall be, and are hereby declared exempt from the re-payment of the whole, or a part, as the case may be, of said taxes. vided, They shall, upon the presentation of said claim by said revenue collector, produce a receipt for the whole, or a part, as the case may be, of his, her or their County or State taxes for the year 1844, from under the hand of the then acting sheriff of said county, or his deputy. BROOKINS CAMPBELL, An Act to authorize William Walker, of Bledsoe county, to keep open a turn pike road. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That William Walker, of Bledsoe coun- Open road, ty, be authorized to keep open a turnpike road, leading from George Reel's, in Bledsoe county, to the foot of Walden's Ridge, in Hamilton county. SEC. 2. Be it further enacted, That the said William Wal- Priviliges ker have the same privileges that were granted to Charles Gamble and others, by an act of 1825, on said road. SEC. 3. Be it further enacted, That the said William Walker shall have privilege to keep open said road, and have the above named privilege for twenty years from the passage of this act. BROOKINS CAMPBELL, Speaker of the Senate. Passed December 31, 1845. |