election of Directors as in all other matters in which, by this act, he may be entitled to vote. He may vote in person, or by proxy-the proxy to be a stockholder, authorized in writing, conferring the general power to vote as his representative, or a special power to cast his vote in the particular way directed; and the Directors thus elected shall appoint one of their members President, who shall hold their office for two years, and until their successors are elected. SEC. 5. Be it enacted, That, on the election of the first Directors, they shall proceed, in such manner as they think best, to solicit and procure additional subscription for stock, and shall, either by themselves or some competent person appointed by them, survey, lay out and locate said road, and do whatever else that may be necessary and proper to have said road built. SEC. 6. Be it enacted, That not more than five dollars shall be called on each share at any one time, of which the stockholders shall have twenty days notice. SEC. 7. Be it enacted, That any person, over whose land the road may run, may petition the Circuit Court, whereupon the Court shall order the Sheriff to summons a jury of five freeholders to assess the damage according to law; upon the return of the report to the Court, if confirmed, judgment shall be rendered and execution shall issue. SEC. 8. Be it enacted, That materials may be taken by said Company, or its agents, from any land adjacent or convenient to the road, for the making and repairing thereof; or, if damages are claimed therefor, they shall be recovered as provided for in Section 7: Provided further, That the President and Directors may purchase and hold five acres of land adjacent to each toll-gate. SEC. 9. Be it enacted, That the road shall be graded sixteen feet wide, with sufficient ditches and culverts to drain the water, and shall be within five degrees of a level, covered with beaten stone or gravel, the first coat of gravel or stone to be twelve feet wide, six inches thick; the Width of road. second coat to be eight feet wide, five inches thick, of the usual size that is common on turnpike roads. SEC. 10. Be it enacted, That said Company, so soon as they have completed five miles of said road, may erect a gate on any point of said road the Directors may deem proper, charge and receive toll the same as the Clarksville and Port Royal Turnpike Company receive, and may continue to erect gates and receive tolls for every five miles, when the same is completed, provided they are not placed nearer than five miles of each other; and they may sue and be sued, plead and be impleaded, by the name and Gates and tolls. Brown's Creek and Robertson Academy Turn style of the Woodford and Turnersville Turnpike Company, and shall have all the privileges, rights, powers, and immunities, given by law to the Clarksville and Port Royal Turnpike Company, and said Company shall have succession for ninety-nine years. SEC. 11. Be it enacted, That the Directors and Stockholders, when appointed, shall have power to pass all necessary by-laws, and that the Company shall have five years to commence and five years to build said road. SEC. 12. Be it enacted, That the President and Directors shall elect three freeholders not interested in said road, directly or indirectly, who, after being duly sworn, shall examine and value said portion of said road as may be built by the labor of said stockholders and undertakers, and return the same to the President and Directors of sail Company, who shall issue a certificate of stock to such stockholders or undertakers for the amount of the valuation returned as aforesaid. SEC. 13. Be it enacted, That Felix R. Rains, N. P. Corbitt, West H. Humphreys, A. G. Payne, C. W. Nance, Thomas Chilton, William B. Ewing, and Wm. H. Hagans, or any three of them, be, and they are hereby constituted, pike Company. a body corporate and politic, with power to lay out and construct a macadamized or gravel turnpike road, beginning at, or near, the crossing of the Nolensville turnpike, over Brown's creek, and to run in a south-easterly direction, the most practicable route to Robertson Academy, under the name and style of the Brown's Creek and Robertson Academy Turnpike Company. Commissioners. SEC. 14. Be it further enacted, That said Company shall have and enjoy all the rights, privileges and immunities given by law to the Nolensville Turnpike Company, the Mill Creek Valley Turnpike Company, and the Owen and Winston Turnpike Company, so far as the same are consistent with the provisions of this act, and be subject to all laws governing said Companies. SEC. 15. Be it enacted, That Isaac G. Coles, A. M. Turner, Robert Lawrence, J. G. Frazer, Sidney Smith, James Tompkins, Jesse Hunt, A. Kennedy, and Jackson, or any five of them, be, and they are hereby appointed Commissioners to open books for the subscription of stock to the amount of ten thousand dollars, in shares of twenty-five dollars, to be used in building a turnpike road, beginning on the Lebanon and Nashville turnpike road at or near Mrs. Clay's, running north via Jesse Hunt's and R. Lawrence's, intersecting the Lebanon and Cole's Ferry turnpike at or near Samuel Cole's, with the privilege of extending said road to Cole's ferry, and erecting one gate upon the same at any point they think best. SEC. 16. Be it enacted, That, so soon as five thousand dollars shall have been subscribed, a meeting of the subscribers for stock shall be held at Johnson's school-house, of which ten days notice shall be given, and the said subscribers for stock shall then, or at some subsequent meeting by them appointed, elect from their number five Directors, who shall elect such officers as they may think necessary. SEC. 17. Be it enacted, That said subscribers for stock, when thus organized, shall constitute a body corporate, by the name of the Rockwood Turnpike Company, and by Rockwood Turnthat name may sue and be sued, plead and be impleaded, pike Co. contract and be contracted with, and make all necessary rules and regulations for the government of said Company; shall have all the powers and privileges, and be governed by the same rules and restrictions as is the Statesville and Caniesville Turnpike Company, so far as they may be applicable to, and not conflicting with, any of the express provisions of this act, and shall have two years in which to complete their road. SEC. 8. Be it enacted, That this act shall take effect from and after its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. Passed March 20, 1858. Speaker of the Senate. CHAPTER 174. AN ACT for the further relief of the securities of W. B. Holden, late Sheriff of Marshall county, and for other purposes. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That an act passed December the 18th, 1855, chap. 10, entitled, An act for the relief of the securities of William B. Holden, late sheriff of Marshall county, be so amended that the further time of one and two years from the second Monday in June, 1858, be given to said securities to pay the liabilities of said Holden to the State of Tennessee, for the revenue by him. collected for the year 1853, upon the said securities on or before the second Monday in June, 1858, paying the onethird part of said revenue, and all the interest, to said second Monday in June, 1858, then and in that case it may be lawful for the said securities to renew their notes, payable to the State of Tennessee for the balance or twothirds of said revenue, payable in equal amounts, in one and two years, upon the further condition that they give Holden's securi- good and sufficient security upon said notes, to be approved by the clerk of the Circuit Court of Marshall county, and by the Attorney General of the 8th Judicial Circuit, each note to bear interest from date. Nothing in this act shall ever be construed to lessen the liability of the securities of said Holden, until the whole of said revenue is paid. ties. C. W. Cheny,, et als. SEC. 2. Be it further enacted, That it shall and may be lawful for the County Court of Marshall county, at any quarterly term, to give such time to said securities for the county revenue, as, in their judgment, the circumstances may justify. SEC. 3. Be it further enacted, That the Attorney General for the State be authorized and directed to dismiss, or Nol. pros. as to enter a nolle prosequi, with the consent of the Supreme Court of this State, in the suits now pending in said Court against C. W. Cheny, A. C. Colwell, Wm. M. Folwell, and J. B. Kirtland, for a violation of the act of 1827, against private banking, upon defendants' paying all Horn. Faller. securities. costs. SEC. 4. Be it further enacted, That the names of Jno. C. Horn and Howell N. Horn, of Henry county, be changed to John C. Edwards and Howell N. Edwards. SEC. 5. Be it further enacted, That the 6th section of an act passed on the 22d of February, 1856, chapter 161, be so amended as to read Nathaniel W. Carter instead of Nathaniel C. Carter. SEC. 6. Be it further enacted, That the name of Vincent Faller, of Hamilton county, be changed to Vincent Fallen. SEC. 7. Be it further enacted, That it shall be lawful T. Hamilton & for the securities of Thomas Hamilton, late tax collector of Tipton county, to execute their notes, with good and sufficient security, under the supervision of the District Attorney General, to be approved by him and the clerk of the Circuit Court of Tipton county, for the State revenue, collected by the said Hamilton, and still due from him, which note shall be made payable two years after given, bearing interest from date, and shall be drawn payable to said clerk of the Circuit Court of Tipton county and his successors in office, for the benefit of the State of Tennessee, and shall be collected by said clerk, when due, and the proceeds accounted for by him, as other public moneys: Provided, That nothing in this act shall be so construed as to release either the said Hamilton or any of his securities, or lessen their liabilities until the whole amount is paid. SEC. 8. Be it further enacted, That Edward West, for- Edward West. mer sheriff and collector of the county of Union, pay over to the county commissioners of said county whatever of balances in his hands of revenue by him collected for the years 1854 and 1855, to be applied, as the county court of said county may direct, in defraying the expenses in the erection of the public buildings of said county. SEC. 9. Be it further enacted, That David Taylor, Jr., David Taylor, jr. of the county of Monroe, in this State, who has some Cherokee blood in his veins, is hereby declared to be a competent witness in all judicial proceedings. His oath, though subject to be impeached on the ground of credibility, as that of other competent witnesses is liable to be, shall be taken. SEC. 10. Be it further enacted, That this act shall take effect from and after its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. Passed March 20, 1858. Speaker of the Senate. CHAPTER 175. AN ACT to make good certain entries South and West of the Congressional Reservation SECTION 1. Be it enacted by the General Assembly of SEC. 2. Be it further enacted, That this act shall take effect from and after its passage. DANIEL S. DONELSON, Speaker of the House of Representatives. Speaker of the Senate. Passed March 20, 1858. |