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Tennessee; and the Comptroller of the Treasury is hereby required to issue his warrant to the parties aforesaid for said amount.

DANIEL S. DONELSON,

Speaker of the House of Representatives.

JOHN C. BURCH,

Passed February 22, 1858.

Speaker of the Senate.

CHAPTER 79.

AN ACT to incorporate the Gainsboro' and Doe Creek Turnpike Company, the Springfield and Port Royal Turnpike Company, and to amend the charter of the Carthage and Hartsville Turnpike Company, and to incorporate the Hamner's Mill Bridge Company, and to amend the Tullahoma, Lynchburg and Fayetteville Turn pike Company, and to incorporate the White's Creek and Springfield Turnpike Company, and to incorporate the Indian Grave Gap Turnpike Company, and the Spring. field and Kentucky Turnpike Company, and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the subscribers of stock for building a road from Gainsboro' to William Davidson's, in Jackson county, Tennessee, as in this act provided, shall constitute a body corporate and politic, by the name of the Gainsboro' and Doe Creek Turnpike Company.

SEC. 2. Be it enacted, That the capital stock of the said Company shall be five thousand dollars, in shares of fifty Capital stock.' dollars each, but if a greater sum shall become necessary to complete the road, the Board of Directors may raise the capital to the necessary amount: Provided it shall not exceed twenty thousand dollars.

SEC. 3. Be it enacted, That Sampson W. Cassety, W. Commissioners. R. Kenner, Worley Young, L. J. Lowe, G. M. Ray, Robert Kirkpatrick, A. P. Green, and Andrew P. Aston, are appointed Commissioners to receive subscription to the capital stock aforesaid.

SEC. 4. Be it enacted, When the amount of five thou sand dollars shall have been subscribed the Commissioners shall appoint a meeting of the subscribers in Gainsboro', shall elect Digiving said subscribers due notice of said meeting, and at rectors. said meeting the stockholders, or as many of them as shall assemble, shall clect seven Directors, each of whom shall be a stockholder, and each shall have as many votes as he has shares, as well in the election of Directors as in all other matters in which by this act he may be entitled to

vote.

Sec. 5. Be it enacted, The first elected Directors shall continue in office until the expiration of six months from the time of their election; and the second election, and

Elections to be biennially.

gate.

the elections forever thereafter, shall be held biennially, unless regulated by the Directory, who shall adopt rules and by-laws for the government of the Company, which rules and by-laws shall, when adopted by said Directors, be submitted to the stockholders, and subject to the approval or rejection of said stockholders, by an expression of a majority of them, determined by a vote.

SEC. 6. Be it enacted, That Five Directors shall constitute a quorum for business, and said Directors shall call a meeting of the stockholders, whenever in their opinion the interests of the Company require it.

SEC. 7. Be it enacted, That when said Company shall May erect a toll have completed said road to the top of the hill above Peter G. Coxe's, they may erect a toll gate at the top of said hill and charge toll under the same rules and regulations that govern the Lebanon and Trousdale's Ferry Turnpike Company, by the act of 8th December, 1849.

Five years to

4

SEC. 8. Be it further enacted, That said Company shall complete road. have five years from the date of this charter to complete sail road, and that said Company shall exist as a corporate body ninety-nine years.

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SEC. 9. Be it enacted, That Giles Connel, John S. Hutchison, Miles S. Draughon, James Holman, D. S. Adams, Solomon Cobb, Geo. A. Washington, Levi Traughler, Joseph Kizer, C. Grimes, William Batts, Jeremiah Batts, James Byrns, C. Chambers, Lawson Fort, R. II. Izer, Josiah Farmer, T. B. Matthews, Joseph H. Long, Miles Taylor, Solomon Fiser, and Dr. Jacob T. Durden, of the counties of Robertson and Montgomery, be, and they are hereby authorized, at such time and place as they may appoint and designate, to proceed to open books to receive subscriptions to a Turnpike road, commencing at Springfield, in Robertson county, running thence by such route as a majority of said Commissioners may designate, which Turnpike road shall be known as the Springfield and Port Royal Turnpike Company.

SEC. 10. Be it enacted, That the stock in said road shall consist of shares of twenty-five dollars each.

SEC. 11. Be it enacted, When the aforesaid Commissioners mentioned in the 9th section in this act shall have received a sufficiency of subscription of stock to build said road, as hereinafter mentioned, the said Commissioners, or a majority of them, which shall constitute a quorum, shall publicly notify the stockholders, who shall meet at such time and place as said Commissioners may designate and appoint, and proceed to elect seven Directors, being shareholders, who shall elect one of their body President

of the Board of Directors, and the President and Directors thus chosen, shall have power to elect a Secretary and Treasurer; all of the officers so elected and chosen, shall hold their respective offices for one year, and until their successors be chosen and appointed, which officers and stockholders are hereby created a body politic and corporate under the name and style of the President and Directors of the Springfield and Port Royal Turnpike Company, and in that name may sue and be sued, plead and be impleaded, may make such by-laws and regulations as shall be necessary to carry out the powers herein given, and said Company shall have perpetual succession for the period of ninety-nine years, and shall have six years within which to complete said Turnpike road.

SEC. 12. Be it enacted, That the President and Directors shall have full power to make contracts with any May contract for person or persons, for the clearing, opening, and making work. the said road, along the route which shall have been marked out by a majority of the aforesaid Commissioners mentioned in the 9th section of this act.

SEC. 13. Be it enacted, That said road shall be graded to five degrees, with such exceptions as the President and Board of Directors may make, so that the same does not extend to more than five degrees, and said Company shall build all such bridges, culverts, and other drains, in such manner as will be durable and sufficient to drain said road at all seasons of the year, and when said road is thus made, they shall be allowed the same rate of toll at their Rates of Toli? respective toll gates that is allowed on the Louisville Turnpike road.

May begin at

SEC. 14. Be it enacted, That said Company shall have power to commence the construction of said road at either either end end, when stock to the amount of five thousand dollars shall have been taken, and shall have power to erect a toll gate and charge toll, when five miles of said road shall be completed, and said Company may from time to time, when the additional sum of five thousand dollars shall be subscribed, erect a second toll gate: Provided, there are five miles more of said road completed, and so on, in the same proportion until said road shall be completed: Provided, there shall not be more than one gate for every five miles of said road, and, Provided further, that there shall not be a toll gate nearer than one mile of Springfield.

SEC. 15. Be it enacted, That the aforesaid Commissioners may demand of such subscribers as may take stock in said road, such sums as to them may seem reasonable, to facilitate the speedy construction, and completion of said road, and said Commissioners are authorized to receive

Relating to col lection of stock.

To incorporate
Gallatin and
Springfield Turn-
pike.

subscription for stock on said road, to be paid either in money or work, in such proportions as said Commissioners shall authorize or direct.

SEC. 16. Be it enacted, That the 3d section of an act to incorporate the Clarksville and Russelville Turnpike Road Company which relates to the collection of such stock, as may have been subscribed, when the same is called, by the proper authorities, and not paid, be, and is herein adopted.

SEC. 17. Be it enacted, That if any person shall refuse or neglect to pay the toll hereby granted, at the time of offering to pass, the toll gatherer may lawfully refuse a passage to such person or persons, or things subject to toll aforesaid, or if any article or things 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 or person in possession of such articles, or subject of toll, five dollars for each offence.

SEC. 18. Be it further enacted, That II. II. Orndoff, P. Payne, H. H. Kirk, Dr. W. II. Farmer, Jo. C. Stark, Thomas Knisle, John Woodward, Wilson Pitt, Willie Woodward, L. J. Henry, Jacob Pitt, David Henry, Harrison Pitt, John L. Yates, W. C. Richmond, Dr. John Patterson, Sol. Strother, William Villines, A. B. Young, S. Gilbert, John Huchinson, and Dudley E. Brooks, of the county of Robertson, and Benjamin Roney, John II. Turner, Burrell Johnson, William Wilkerson, and Miles Hoss, of the county of Sumner, be, and they are hereby constituted a body politic and corporate, by the name and style of the Springfield and Gallatin Turnpike Company, and by that name and style shall have power to sue and be sued, plead and be impleaded in any Court of law or equity in this State or elsewhere.

SEC. 19. Be it enacted, That the foregoing sections of this act, incorporating the Springfield and Port Royal Turnpike Company, shall apply to the Springfield and Gallatin Turnpike Company, and that said last named Company be authorized to locate said Turnpike road, commencing at or near the terminus of the present Turnpike leading from Gallatin in the direction of Springfield, and continue the same in the direction of Springfield, or to intersect the Springfield and Russelville road, at any point as far north as Joel. E. Bell's, in the discretion of the Board of Directors of said road, and they shall have power to commence the work at either end of the road whenever a sufficient amount of stock shall be subscribed.

SEC. 20. Be it enacted, That if said Springfield and Gallatin turnpike Company shall finish their road from where it crosses the Nashville and Bowling Green and May erect toll Louisville Turnpike road to Red river, about one half mile gate.

west of the Cross Plains, they shall be entitled to erect a

toll gate.

Mansker's creek

extended.

SEC. 21. Be it further enacted, That the Mansker's Creek and Springfield Turnpike Company be so amended and Springfield as to allow said Company to extend their said road to the Turnpike may be Kentucky State line, and that they have the privilege of erecting a toll gate for every five miles of said road, when the same shall be completed in accordance with the act incorporating said Company.

Extending time

to Springfield

SEC. 22. Be it further enacted, That section 17 of an act passed January 20, 1852, chartering the Springfield and Barren Plains Turnpike Company be so amended as and Barren to allow said Springfield and Barren Plains Turnpike Company the further time of six years to complete said road.

Plains Turnpike.

ville Turnpike

SEC. 23. Be it further enacted, That section 4, of an act passed November 26, 1853, to amend the charter of Amending Car the Carthage and Hartsville Turnpike Company, be so thage and Bartsamended as not to require the fills at the bridges to be Company. wider than the bridges: Provided said fills shall have railings to protect travelers.

To incorporate

SEC. 24. Be it enacted, That a body politic and corporate is hereby constituted by the name and style of the "Hamner's Mill Bridge Company," for the purpose of constructing, maintaining and using a bridge across Duck river, in Maury county, Tennessee, at or near Hamner's Mill, on said river, situate about nine and one-half miles Hamner's Mill above Columbia, and by that name may sue and be sued, Bridge Company. plead and be impleaded, and do all other acts and things which may be necessary to construct said bridge, and keep up the same, and said Company shall have succession for ninety-nine years.

Sec. 25. Be it further enacted, That said Company when organized shall have all the rights, privileges and immunities, and be subject to all the limitations, and restrictions provided and conferred upon the Knoxville Bridge Company, by an act passed February 23, 1856, unless otherwise provided in this act.

SEC. 26. Be it further enacted, That E. C. Frier- Commissioners. son, E. H. McLean, John Nicholson, Evan Jones, and Henry Zellner, be, and they are hereby constituted a Board of Commissioners, any three or whom may act, to open books at such times and places as they may choose to receive subscriptions to the capital stock of said Company, and when the sum of one thousand dollars is subscribed,

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