That they do not thereby cause the overflow of the lands adjacent thereto; and in like manner only and for like purposes, they may improve the navigation of Poplar creek, but so as not to overflow the lands adjacent thereto, provided it shall not interfere with the machinery or springs used on said creek. The said company shall have power to own and use any water-craft or line of steamers for the transportation of coal and other minerals, salt, &c., and the right of purchase and ownership of docks, wharves and cold yards at any point of delivery, for trans-shipment or market on the line of the East Tennessee and Georgia Railroad. SEC. 6. Be it enacted, That said coal company shall have power and authority to construct a railroad from Railroad. or near the lands entered by Jordan Lively, in Anderson county, at the base of the Cumberland Mountain, by entry No. 727, through Walden's Ridge, near the salt wells recently sunk by Professor Estabrook, to the most convenient point of navigation on Poplar creek. Provided, That said company shall first obtain the consent of the owners of the lands over which said railroad may be located. SEC. 7. Be it further enacted, That the stock and property of said company, of whatever kind or nature the same may be, shall be deemed personal property; that said company shall keep a stock hook, and proper books of accounts, as well as a record of proceedings of stockholders and the action of directors by a secretary, to act officially with the president, who may be chief clerk. Said president, or president and directors, may appoint and remove at pleasure all officers, agents and superintendents employed in the business of said company, and shall report to their successors at each annual election of directors, on the first Monday of July, the transactions of the company, and amount of profit or loss; that any surplus may be applied as the stockholders may direct, by dividends or to extend the business of the company. JORDAN STOKES, Books. Passed, January 28, 1852. 11 Speaker of the Senate. Turnpike Com. cany. CHAPTER CIX. AN ACT to amend an act, entitled, "an act to amend an act, entitled an act, to appoint suitable persons to open and keep in repair that part of the road leading from South West Point to Carthage, which lies on Cumberland Mountain," pass. ed, 15th November, 1815. Passed February 15th, 1836. SECTION 1. Be it enacted by the General Assembly of the White Plains State of Tennessee, That Patrick Brady and Edward Brady, junior, be constituted a body politic and corporate, by the name of "the White Plains Turnpike Company," and in that name to sue and be sued, plead and be impleaded, and they are hereby authorized and empowered to continue that part of said road which leads from White Plains to John Stewart's old place on Cumberland Mountain, so as to intersect the Gordon road, to be under the same rules, regulations and restrictions as required by the act granting the charter to Thomas Bounds, Esq., for the same road, and to receive the same rates of toll that the said Bounds was authorized to receive, and that the commissioners appointed by this act have the same power, and shall receive the same emoluments as specified in said act of 15th of November, 1815, being the act amended by the act which this is intended to amend. Sec. 2. Be it enacted, That the said corporation shall May erect gate, have full power and authority to erect a single gate, which shall be erected and kept at the house of said Brady, where it now stands, and at which shall be received the same fees, charges and tolls as are receivable and payable under the first section of this act, and the acts of 15th November, 1815, and 15th February, 1836, of which this act is amendatory. SEC. 3. Be il enacted, That the said corporation shall have, and be entitled to said road for and during the Commissioners. space of thirty years, from and after the passage of this act, and that John Alred, of White county, and Jesse Eldridge, of Overton county, are hereby appointed commissioners on said road, and it shall be the duty of said commissioners to examine said road, at least twice a year, and see that the same is kept in the repair required by the old charter. JORDAN STOKES, Speaker of the House of Representatives. M. R. HILL, Speaker of the Senate. Passed, January 30, 1852. CHAPTER CX. AN ACT to incorporate the Dyersburg and Mississippi River Turnpike and Plank SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That Thomas J. Connell, James Fields, William. P. Foulks and Thomas Finley, of the county of Dyer, are hereby authorized, as commissioners, to open books at such time and places as they may think proper, for the purpose of receiving subscriptions to the amount of sixty thousand dollars, or less if sufficient, to be applied to the making of a plank or turnpike road from Dyersburg to the Mississippi river, which sum shall be divided into shares of fifty dollars each. Said commissioners shall meet at Dyersburg on the first Monday in May, for the purpose of opening books for the subscription of stock, and so soon as five thousand dollars of said amount of stock shall be subscribed, they may call a meeting of the stockholders, for the purpose of organizing said company, and the stockholders shall proceed to elect from their body five directors, and in voting for said directors, each share holder shall be entitled to one vote for each share. And the directors when elected, shall elect from their own body a president, and such other officers as may be necessary, for the term of two years, and until their successors are elected and qualified, which said directors and stockholders are hereby created a body politic and corporate, by the name and style of the Dyersburg and Mississippi River Turnpike and Plank Road Company, and by that name may sue and be sued, plead and be impleaded, and shall have and enjoy all the rights and privileges appertaining to bodies corporate and politic, and shall have succession ninety-nine years, the style of said road, and number of gates, shall be the same as that described in the 24th Bection of the charter of the Lexington and Clifton turnpike company, except the width, which shall be nade wider or narrower at the discretion of the direc tors of said road; the route to be laid off by said directors, and all damages, if any, to be paid by said company. The tolls to be under the directions of said president and board of directors of said company. Incorporation. SEC. 2. Be it further enacted, That this company shall be governed, and have the same privileges as are confer- Privileges, red by the 4th, 8th, 9th, 10th, 12th and 14th sections of an act, entitled "an act to incorporate the Western Central Turnpike Company," passed, December 21st. 1849. Bridge. be issued. SEC. 3. Be it further enacted, That this company shall have the right to bridge or ferry the Obion river where said road crosses the same. SEC. 4. Be it further enacted, That when said comState Bonds to pany shall be fully organized, they may call upon the Governor of this State, and it shall be his duty to issue the bonds of the State of Tennessee to the president and directors of said company, to the amount of twentyfive thousand dollars, payable in thirty years or less, as the president and directors may determine, bearing interest at six per cent. per annum, upon the following conditions: That said company shall notify the Governor, sixty days before making such application, and he shall authorize the circuit court judge of that district to appoint a commissioner on the part of the State, and he shall proceed to value and assess the value of such real estate as may be pointed out to him by the company, to the amount of forty thousand dollars, and he shall investigate the titles to said real estate, and then make his report to said judge, and said circuit judge shall proceed to take a lien or mortgage upon such real estate, and the amount of stock subscribed, together with the road, gates, tolls and fixtures of said corporation, in behalf of the State of Tennessee, as security for the payment of the above named bonds of the State. May increase Capital. Shall pay interest, SEC. 5. Be it further enacted, That 'said company may increase said capital stock to one hundred thousand dollars, and continue said road to the town of Trenton, in the county of Gibson, and that they may have three years to construct said road after the passage of this act. SEC. 6. Be it further enacted, That said company shall pay the interest on said bonds semi-annually, on the first day of January and July, in each and every year into the Treasury of the State of Tennessee, and upon failure to do so by said company, the district attorney, for said district, shall appoint a receiver, and take said road, gates and fixtures into possession, together with the books, mortgages, &c., and proceed to dispose of the same, or enough thereof to pay said interest and cost, &c. JORDAN STOKES, Speaker of the House of Representatives. Speaker of the Senate. Passed, February 5, 1852. CHAPTER CXI. AN ACT to amend the Militia Law of this State. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That so much of the 4th section. of an act, passed on the 28th day of January, 1840, entitled "an act to condense and bring into one view the militia laws of the State of Tennessee, as requires officers below the grade of captain to be commissioned by the governor," be repealed; and that, hereafter, it shall be the duty of the returning officers in said elections, to make return thereof to the commandants of the regiments in which said elections may be held, who shall commission them accordingly, and that this act take effect from and after the passage thereof. SEC. 2. Be it further enacted, That the 36th section of an act, passed 28th day of January, 1840, entitled, "an act to condense and bring into one view the militia law of the State of Tennessee," be, and the same is hereby revived and re-enacted, and that the law repealing the above section, and all laws conflicting therewith, be and the same are hereby repealed. JORDAN STOKES, Speaker of the House of Representatives. Speaker of the Senate. Passed, February 15, 1852. CHAPTER CXII. AN ACT to authorize certain changes in the Academies in White county, Teneessee. Priestley Acad. SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That Warren Leftwich, L. Carrick, Montgomery C. Dibrell, Milton Y. Brocket, and John F. Vass, Trustees of Priestley Academy, in the county emy." of White, are hereby authorized, empowered and required to pay over to the Trustees of Nourse Female Academy, any funds in their hands belonging to Priestly Academy. And they are hereby further authorized to sell the building, heretofore known and used as their academy, upon such terms as they, in their discretion, may think best, appropriating the proceeds of said sale, |