may seem reasonable to facilitate the speedy completion of said road; and said directors, or commissioners, are authorized to receive subscriptions for stock in said road, to be paid either in money or work, in such proportions as said commissioners shall authorize or direct, and in case any stockholders shall do work on the road, and a difference should arise as to the true value, and worth of the same, or any materials furnished, then said board of directors shall appoint one person on the part of the Company, in nowise interested in the road, which said appointee, in connection with some one appointed by the party or parties doing work or furnishing materials, and the two appointed shall have power to fix the value of the labor done, or materials furnished, or in case of disagreement, to call in a third party disinterested, and the result of such judgment in any case, shall be certified by the parties in writing to the board of directors, and parties in interest.

Russelville,

SEC. 8. Be it enacted, That the third section of an act to incorporate the Clarksville and Russelville Turnpike Clarksville and Road Company, which relates to the condition of such Lebanon and stock as may have been subscribed, when the same is called for by the proper authority, and not paid, be and the same is herein adopted.

SEC. 9. Be it enacted, That the 9th, 10th, and 11th sections of an act to incorporate the Lebanon and Coles' Ferry Turnpike Company, passed February 16, 1854, be and the same is hereby adopted.

SEC. 10. Be it enacted, That the president and directors of said road, shall have power to adopt and ratify all acts, and doings already had, for the building and benefit of said turnpike road, in the way of organization, subscription or labor done, if in their judgment the same shall be deemed prudent, and for the interest of the Company, and their adoption and acceptance of the same shall make all such acts valid and of full force.

SEC. 11. Be it enacted, That if said Company shall not begin said road within two years after the passage of this act, and complete the same in three years thereafter, in the manner herein directed, this charter shall be void, unless further time be allowed for the building of the road by the proper authority.

DANIEL S. DONELSON,

Speaker of the House of Representatives.
JOHN C. BURCH,

Speaker of the Senate.

Cole's Perry.

Passed November 20, 1857.

CHAPTER 17.

AN ACT to incorporate the Davidson and Wilson County Turnpike Company.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That R. B. Hayes, S. Jeviman, J. W. Heugly, Ira McFarland, S. B. Hardy, J. W. Hardy, A. W. Thompson, C. H. Cooke, B. P. Casselman, Hollis Wright, W. S. Baird, John S. Radford, B. F. Lain, James Tindall, Thomas B. Stroud, Josephus Walker, J. F. Clemmons, E. Clemmons, H. C. Neal, John Clemmons, John J. Haraldson, Richard Ray, William Ray, T. G. Cook, G. Crawford, Clinton Bard, James Rogers, William Tatum, Henry Bard, Isaiah Gibson, Charles Heugley, Lewis Jenkins, Col. J. W. Hengley, Thomas L. King, James Thompson, Z. Waraldson, A. G. Rogers, Maj. Haraldson, Wesley Martin, John Martin, T. B. Moore, G. F. Gleaves, Shelton Pride, Thomas B. Neal, Lewis Lindsley, W. T. Haraldson, Jesse Poiner, Samuel Hinton, G. W. Carver, Jeptha Clemmons, James Bashaw, J. W. Cawthorn, S. H. Hearkreader, N. C. Haraldson, W. B. Goldson, Eli Goldson, Wm. Lain, Jr., David Lain, Robert Gregg, A. Carver, W. Askew, Zed Baird, C. W. Bidwell, Jerry Maury, J. B. Baird, C. L. Baird, W. Hancock, Murit Caraway, Samuel C. Anderson, W. H. Johnson, R. Gleaves, G. T. Gleaves, G. W. Hager, G. W. Congill, George Hager, Jane Cooke, B. F. Gleaves, Wm. Donaldson, and William Bingley, be, and they are hereby appointed commissioners to open books for subscription at any time and place they may choose, for the subscription of stock, to be used in the construction of a McAdamized road, beginning at or near the Clover Bottom Bridge, on the Lebanon and Nashville Turnpike, and from thence, via the plantation of B. F. Gleaves, Tate's Spring, R. T. Hays, the plantation of Hugh Campbell, J. W. Hardy, Walker's shop, John Clemmons, to the terminus on the Lebanan and Murfreesboro' Turnpike road at the mills of J. B. Baird.

SEC. 2. Be it enacted, That the capital stock of said Company shall be twenty thousand dollars, and divided into shares of fifty dollars cach, with the privilege of increasing said stock at discretion.

SEC. 3. Be it enacted, That so soon as ten thousand dollars of the stock in said road shall be subscribed for, in cash or labor, any three of said commissioners may call a meeting of the stockholders of said Company, at Hardy's Store, in Wilson county, by giving said stockholders five days'

notice of the time and place of such meeting, and at such meeting the subscribers for stock in said road, shall elect from their number nine directors, one of whom shall be president. Said directors shall choose a Secretary and Treasurer, from their number; said directors shall hold their offices for twelve months, and until their successors are appointed.

SEC. 4. Be it enacted, That the president and board of directors may, in such manner as they may think best, solicit and procure additional subscription, for stock, and shall either by themselves, or some competent person appointed by them, mark, lay out, and locate said road, according to the provisions of the first section of this act, provided that said road be graded within five degrees of a level.

SEC. 5. Be it enacted, That the president and directors shall have power to let out and put under contract said road, in parcels great or small, as they may think best for contractors, for cash, or for stock in said Company.

Davidson and

SEC. 6. Be it enacted, That the said president and board of directors shall be, and they are hereby made a body politic and corporate, may sue and be sued, plead Wilson counts and be impleaded, contract and be contracted with, by the Central Turnname and style of the Davidson and Wilson County Central Turnpike Company.

SEC. 7. Be it enacted, That the directors of said Company shall have power to call in the assessment on the capital stock at such times, and in such amounts as they may deem necessary, and shall have power to make such bylaws, for the regulation of said board of directors, and government of said Company, as they may think best for the interest of said Company, not only in the subscription, and collections of stocks, and construction of said road, but all other business pertaining thereto.

SEC. 8. Be it enacted, That said Company may erect a gate at, or within one-half mile of the Lebanon and Nashville Turnpike road, charge and receive tolls on said road so soon as they shall have completed five miles of said road; and may continue to erect gates and receive tolls, at three additional gates thereon, which shall be located at as near equal distances apart as may be practicable, with the privilege of erecting a gate upon each section of five miles of new road, whenever such section of five miles shall be completed.

SEC. 9. Be it enacted, That the stockholders in said. Company shall have the right of transferring their stock in said Company, by sale, gift, or otherwise, as they may desire, and assigns or assignees shall be entitled to all the

pike Company

Tolls.

rights, privileges, and immunities, and be subject to all the liabilities and responsibilities of the original members of said Company.

SEC. 10. Be it enacted, That the said Company shall be entitled to all the benefits that are granted to the Lebanon and Trousdale's Ferry Turnpike Company by the act of 8th December, 1849, chapter 41; that all the provisions of said act are hereby adopted for the government of the Company herein incorporated, except in relation to the collections of stock, and such parts of said act as may conflict with any express provisions of this act.

SEC. 11. Be it enacted, That said Company shall be allowed the term of two years from the passage of this act to complete said road, and that said Company shall be entitled to all the benefits of the charter, for the term of ninety-nine years, from and after the passage of this act. DANIEL S. DONELSON,

Speaker of the House of Representatives. JOHN C. BURCH,

Passed November 27, 1857.

Speaker of the Senate.

CHAPTER 18.

AN ACT to amend an act passed February 29th, 1856, entitled, "An act to amend the Charter of the Nashville aud Cincinnati Railroad Company," and the acts amendatory thereto, and for other purposes

WHEREAS, It appears that the first section of thirty miles of the Edgefield and Kentucky Railroad route includes, and runs over what is known as the Cumberland Ridge, a very difficult and laborious point to overcome by railway, requiring at least four times the amount of work and expenditure of means as would be necessary to prepare and make ready for the reception of cross-ties and rails of any equal average distance upon said section of thirty miles; And, whereas, in consideration of this obstacle, by the above cited act, the Legislature gave said Company the privilege of grading their road to the southern foot of said Ridge, and there to pass upon the north side thereof and grade a sufficient number of consecutive miles to make thirty miles with that portion upon the south side of said Ridge; And, whereas, the required number of consecutive miles upon the north side of said Ridge just crosses a large stream, rendering it necessary to build a bridge and to cut down the northern bank of said stream and carry the exca

vated dirt and rock further on, in order to make a fill, which will require the building of an additional mile or more of said road. Hence the difficulty intended to be removed by the Legislature was not accomplished, but another equally onerous burthen unintentionally imposed; And, whereas, it further appears that said Company have already performed considerable work upon said Ridge section, estimated to be more than double the amount necessary to complete the grading of an average section of equal distance of the first thirty miles of said road, and that there has been done upon the entire thirty miles work sufficient to grade and prepare for the ties and iron any section of thirty miles running from the city of Nashville, not crossing said Ridge. And to require said Company to either cross said Ridge or stream with their road, before they were entitled to State aid, is more than ought to be exacted under the circumstances and as was contemplated under former legislation. And, whereas, it further appears that said Company have already expended a fraction over two hundred thousand dollars in the grading of said road; therefore,

Kentucky Rad

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the fifth section of an act passed February 29, 1856, entitled, "An act to amend the charter of the Nashville and Cincinnati Railroad Company, and the acts amendatory thereto, and for other purposes," be so amended as to entitle the Edgefield and Kentucky Railroad Company to all the privileges of the act of February 11, 1852, entitled, "An act to establish a system of Internal Improvements in this State," and the acts defield and amendatory thereto, whenever they shall have prepared road. their road (excepting the Ridge section) for iron rails to the distance of thirty miles from its Nashville terminus, including said Ridge section in the estimate of distance; Provided, it shall be made to appear to the satisfaction of the Road Commissioner before said aid is granted, that as much work has been done on said Ridge section as would be necessary to complete the grade of an average section of equal distance of said road, and that the cost and labor of construction from Nashville to the terminus of the first thirty miles are as much as would be required to grade the same distance of road over an ordinary country, leaving out the amount of unfinished grading on the Ridge section at the time of the completion of the balance of the first thirty miles of said road, all of which he shall certify to the Governor in his certificate. And,

WHEREAS, The Louisville and Nashville Railroad Company have expended on the forty-five anl one-half miles in