Amount of shares.

CHAPTER 88.

AN ACT to incorporate the Memphis and Big Creek Turnpike Company; to extend the charter of Rome and Carthage Turnpike Company; and to amend the charters of the Murfreesboro' and Manchester Turnpike Company, and of the Murfreesboro' and Wilkinson Cross Roads Turnpike Company, and to incorporate the Hartsville and Puryear's Ferry Turnpike Company, and to amend the charter of the Montgomery Turnpike Road; and for other purposes.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That A. H. Douglass, W. B. Miller, George Holmes, W. A. Beckford and Dr. D. Dowell, are appointed Commissioners, all or any three of whom are authorized, on giving two weeks notice in any newspaper printed in Memphis, to open books for the purpose of receiving subscriptions, to be applied in making a turnpike road from the city of Memphis to the Tipton county line; the capital stock of said Company shall be divided into twenty-five dollars each, and as soon as forty thousand dollars are subscribed, the Commissioners aforesaid, or any three of them, giving two weeks notice in any newspaper printed in Memphis, a meeting of the subscribers shall be held, and from and after the first meeting, the subscribers aforesaid, shall be constituted a body politic and corporate by the name of the Memphis and Big Creek Turnpike Company, and by that name shall sue, and be sued, plead and be impleaded, to answer and be answered, sell and purchase, and have a common seal. The shareholders present at any meeting, either in person or by proxy, shall elect seven Directors, being shareholders, who shall elect one of their number President, and said President and Directors shall hold their offices for one year, and until their successors are elected. In all elections each shareholder shall be entitled to one vote for every share by him subscribed, except in the election of Secretary and Treasurer, if said officers are deemed necessary, who shall be chosen by a majority of the Board of Directors.

SEC. 2. Be it enacted, That the President and Directors. thus chosen, shall have power, if the said sum of forty thousand dollars is not sufficient to complete the road, to receive subscriptions for any amount necessary to completely finish said road, and they may require from time to time of the shareholders, such advances on their respective shares as the wants of said Company may require and demand, until each shareholder shall have paid in full the amount by him subscribed. In case any shareholder refuse to pay his subscription at the time and in the amounts required, and remain in default sixty days, the President

and Directors may sell, by auction, and convey to the purchaser the share or shares of such subscriber in default, giving said subscriber notice of the time and place of sale, and after retaining the sum due with costs of, to pay over the surplus to the former owner, and if the sale shall not produce the sums to be advanced, with interest and incidental charges, in that case it shall be lawful for the Company to recover the balance of the original proportion, by any suit at law or equity.

SEC. 3. Be it enacted, That the President and Directors, shall be authorized to locate the line of the road, and in case said Company and the person or persons over whose land said road shall run, cannot agree as to the amount of the damages, said person or persons may, any time within three years after the completion of the road, apply to the County Court for a writ ad quid damnum to ascertain the damages sustained, which said suit shall be directed to the Sheriff, commanding him to summon five disinterested freeholders to meet on the premises, who shall view the land, make in writing a statement of the damages sustained by the owner of the land, and give in the same at the next County Court, which Court shall, upon motion, enter up judgment against the Company for the amount of damages thus assessed: Provided, that ten days' notice be given the President of said Company, of the meeting of said jury, of view, on the premises, and also, that either party have the right of appeal from said judgment. In the assessment of damages, the enhanced value given to the remainder of the owner's land by the location of the turnpike road is not to be estimated.

SEC. 4. Be it enacted, That said road shall not be less than twenty feet wide, and the President and Directors may let out to or contract with others to build said road, or any part thereof, erect bridges when necessary, and for the construction of said road may use earth, stone, gravel, sand, plank or any other material necessary to make the road good and substantial.

May erect toll

SEC. 5. Be it enacted, That as soon as five miles of the
road from Memphis is completed, the Company may erect
one toll-gate, distant not less than one mile from the Cor-
poration line of Memphis, and one gate for each additional gate.
five miles, as the same may be completed, the second gate
being not less than five miles from the corporation line of
Memphis, and the following rates of toll may be charged
at each gate, to wit: For each pleasure carriage, twenty- Rates of toll.
five cents; for each four wheeled buggy, fifteen cents; for
each wagon, with four or more horses, mules, oxen or other
animals, twenty-five cents; for each wagon, carryall or

dearborn wagon, with two horses, mules or other animals, fifteen cents; for each gig, cart or two wheeled vehicle, ten cents; for every person, and the animal he or she rides, five cents, and for each head of cattle, hogs, horses, mules, or sheep, jacks and jennetts, two cents. When the entire road is completed from the corporation line of Memphis to the Tipton county line, if the distance between the last gate and the Tipton county line is more than seven miles and a half, another gate may be erected at the distance of five miles, but only the one-half of the aforesaid rates of toll may be charged at said gate.

SEC. 6. Be it enacted, That any person refusing to pay toll at the time of offering to pass any gate, or if any person shall fraudulently pass said gate, or in any manner evade the payment of tolls, such person shall forfeit to the Company five dollars for every such offence, to be recovered by suit in the name of the Company.

SEC. 7. Be it enacted, That should any part of said road be and remain out of repair for twenty days in succession, it may be lawful for any person to apply to the County Court to appoint three disinterested freeholders to examine said road, and report on oath, and if said three freeholders report on oath that the road is not in such Shall keep road order and repair as is required by this act, the County

in repair.

May transfer stock.

Dividends.

Court shall direct the Sheriff to open the gate nearest to the point or place out of repair, and stop the collection of tolls at said gate until the road shall be repaired, when the gate shall again be closed by the sheriff, and tolls received, and the Company shall pay the costs of the proceedings; but if it shall appear that the road is in good order and repair, as is required by this act, the case shall be dismissed at the cost of the informers.

SEC. 8. Be it enacted, That shares in said Company shall be considered personal property, and stockholders may have the right of transferring the same by sale, gift or otherwise, and the liability of no stockholder shall in any event extend beyond the payment of the amount of stock by him subscribed.

SEC. 9. Be it enacted, That no dividends shall be declared until the road is completed from the corporation line of Memphis to the Tipton county line, and that even then, nor at any subsequent time shall any dividends be divided, unless the President shall, at the term of the County Court next preceding the intended division of dividends, appear in open Court and make an affidavit, setting forth the amount of dividends that the President aud Directors intend to declare, and that he does not know or believe that any debt or debts, then or thereafter to become due for

construction, or repairs, or otherwise, are outstanding against the Company, and that in truth he can see no reason why a dividend should be withheld from the stockholders, which affidavit shall be transcribed on the minutes of the Court, for which service the Campany is to pay the clerk one dollar.

SEC. 10. Be it enacted, That when the Directory have completed the first five miles from Memphis, they may apply to the County Court, and have two Commissioners appointed, who shall view the section of five miles, and upon their report to the Court, which shall be entered on the minutes, that said section has been completed; one gate may be erected and the tolls aforesaid received, and as soon as other sections of five miles are completed, application may be made in similar manner, and tolls received at other gates.

SEC. 11. Be it enacted, That said Company may rent or purchase real estate not exceeding one acre for the use

of each toll-gate.

SEC. 12. Be it further enacted, That the Carthage and carthage and Rome Turnpike Company have the further time of two Rome Turnpike. years to build their road.

SEC. 13. And be it further enacted, That the charter. of the Murfreesboro' and Manchester Turnpike Company

ter of Murfrees

chester Turnpike.

be so amended, as to permit the Company to keep a toll- Amending chargate within one mile of the corporate limits of the town boro' and Manof Murfreesboro: Provided, that the residents of the city shall not be required to pay toll at the gate unless they travel two miles on the road, and the Company shall not be required to keep the road equal to the Nashville, Murfreesboro' and Shelbyville road, but in good traveling order.

Amending char

son's Road Turn

SEC. 14. And be it enacted, That the charter of the Murfreesboro' and Wilkinson's Cross Road Turnpike Company, be so amended as to permit the Company to erect and keep a toll-gate east of the West fork of Stone's river -and further, the Company may, for the purpose of ma- te: of Murfrees king and keeping the road in order, cut, dig or quarry, and boro' and Wilkintake from the land of any person, within one mile of said pike. road, such timber, rock, earth or gravel, as may be necessary for said purpose, and if any person or persons from whose lands such material may be taken, shall desire compensation for the same, he, she or they, may apply to any justice of the peace in the county, who shall appoint three disinterested freeholders for the purpose of valuing such timber, stone or gravel, and they shall grant a certificate upon oath, to the injured party or parties, and the amount or amounts may be collected from said Company before any tribunal having cognizance thereof.

Incorporating
Hartsville and
Puryear's Turn-
pike Company.

Chartering the
Wolf river and

pike.

SEC. 15. Be it further enacted, That Samuel W. Lesueur, James D. Bennett, John P. Wilson, A. G. Branhour and Robert M. Potts and their associates, and those who may hereafter become associated with them, be and they are hereby declared to be a body politic, with powers to sue and be sued, under the name and style of the "Hartsville and Puryear's Ferry Turnpike Company; and they are hereby authorized and empowered to open and construct a Turnpike Road, leading from Puryear's Landing, on Cumberland river, in the county of Sumner, intersecting the Hart's Ferry Turnpike Road, near Winslow Hart's residence; the same to run upon the most practical route between said two points.

SEO. 16. Be it further enacted, That said Company shall have the power to erect one toll-gate upon said land whenever they shall have completed the entire road, they shall likewise have the power to receive the toll, shall construct said road in conformity with the requirements of, and be liable to all conditions and restrictions imposed by, and shall have all the benefits conferred by the act incorporating the Knoxville and Rutledge Turnpike Company, passed February 27th, 1856, chapter 181, section 34.

SEC. 17. Be it further enacted, That said Company shall have five years in which to construct said road, and all the rights and privileges herein granted, shall continue to said Company and their successors, for the period of ninety-nine years.

SEC. 18. WHEREAS, John Stanfield, and John H. Briant, the owners of the Montgomery Turnpike Road, have sold all that portion of said road lying in Fentress county, to Eli F. Johns and R. Hurst, Therefore, SEC. 1. Be it enacted, That the portion of the Montgomery Turnpike road, lying in Fentress county, be disconnected from the balance of said road and be known by the name of the Wolf River and Clear Fork Turnpike, and that Eli F. Clear fork Turn- Johns and R. Hurst, be and they are hereby constituted a body corporate, with all the powers and privileges and subject to all the penalties and liabilities, and in every way to be governed by the act of the General Assembly, chartering the Montgomery Turnpike Company; the said Johns and Hurst to keep up, according to the original charter, all the road in Fentress county, and receive all the tolls by law receivable at any gate or gates, in Fentress county, and that R. P. Herendon be, and he is hereby appointed Commissioner on the Wolf River and Clear Fork Turnpike Road, to act in connection with the Commissioners on the Montgomery Turnpike Road.

Charlotte and
Jones' creek

Turnpike.

SEC. 19. Be it enacted, That the charter of the Char