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on said road; and that if any person shall fail or refuse Penalıy for

the rates of toll herein set forth, when demanded passing by the toll gatherer, at the time of offering to pass said gate, the toll gatherer may lawfully refuse a passage to such person or persons, or other things subject to toll as aforesaid; or if any person, article or thing subject to toll shall by any means, pass any gate on said road, without payment when demanded by the toll gatherer, the company may by warrant from any Justice of the Peace, recover from the owner of, or the person or persons in possession of the article, or thing, subject to toll, five dollars, for each offence, to be sued for in the name of the President of the Board of Directors for said company.

SEC. 9. Be it enacted, That if said company shall fail Penalty for not to keep said road in good repair for the space of ten in repair. days, and information shall be given to any Justice of the Peace in the neighborhood, he shall issue his warrant to the sheriff, or any constable in the county, where such information was given, commanding that three freeholders be summoned to meet at a certain time, and at the place complained of, reasonable previous notice in writing having been given to the President of said company, or any two of the directors of said Board; and if on the report of said freeholders on oath, it shall be found, in the presence of said magistrate, that said road is out of repair, according to the true intent and meaning of this act, the toll hereby granted shall cease to be demanded, until such defective part of said road, shall be put in good repair.

SEC. 10. Be it enacted, That the capital stock of said Capital Stock. company shall be one hundred thousand dollars, in shares of fifty dollars each; and in all elections, each share shall be entitled to one vote; the payment of stock shall be called for at the discretion of the President and Directors of the company; and upon failure to pay according to the calls as aforesaid, said President and Directors may declare the stock of said delinquent to be forfeiture. forfeited to said company, or may sue for and recover the amount before any tribunal having jurisdiction thereof, at their election; Provided, that at least thirty days notice of such call shall be given the stockholders of said company, by advertisement, in some newspaper published near the locality of said road.

Sec. 11. Be it enacted, That on the first Monday in March, in each and every year, there shall be a meeting President and of the stockholders, at such place as the President and Directors may appoint, for the purpose of taking into consideration the general condition of said company,

Election of

Directors.

Board.

and for the purpose of electing Directors for the ensuing year, who shall hold their offices for one year, and until their successors are elected and qualified; and should no election take place then, it shall take place at any such time thereafter, as the President and Directors may designate, whose duty it shall be immediately to designate the time and place of holding an election, giving thirty days notice thereof in some newspaper published nearest to said road.

SEC. 12. Be it enacted, That the said President and Powers of Directors shall have power to appoint all such officers,

agents and servants as they may deem necessary; and determine by their by-laws the manner of adjusting all accounts against the company; and also the manner and evidence of the transfers of stock in said company; and may pass all by-laws not contrary to the laws and constitution of this State or the United States.

SEC. 13. Be it enacted, That the President and DiStock may be rectors shall have power, at any time after one fourth of paid in work. the stock in said road shall have been subscribed for, to

let out the cutting out, grading, and completing so much of said road as the amount subscribed will pay for, and in such amounts as they may choose, and upon the plan of only grading said road, or covering it with limestone rock upon the MacAdam plan, or with gravel or charcoal, as hereinbefore set forth and specified, as said President and Directors, by and with the advice and consent of at least so many stockholders as may hold in their own right two thirds of the stock in said road, shall and may determine; reserving, however, such portion of the subscription as they may deem necessary for incidental expenses on said road; and at any time thereafter, may let out the balance subscribed for in the same manner; Provided, that the stockholders shall have the preference in taking such jobs over all other persons, at the same rates at which others who are not stockholders, would undertake to do and perform the same, to the extent of the stock owned by such stockholder, so undertaking to open and finish said road, so far as the amount of his stock extends; but shall not have a preference over others, unless it be agreed that said work shall be done in the payment of stock in said road; and in all cases of letting out such jobs, or parts of work to be done on said road, reasonable notice shall be given, in some newspaper published nearest said road.

SEC. 14. Be it enacted, That said road shall comLocation of

mence at the town of Sparta, in the county of White, thence as the President and Directors of said company shall and may designate, passing through the town of

road.

uary next.

Rates of toll

McMinnville, in the county of Warren, the town of Manchester, in the county of Coffee, thence to the Nashville and Chattanooga rail road, and thence to the town of Winchester, in the county of Franklin; Provided always, that it shall be the duty of said [Board] to cause to be mile marked said road, with permanent and substantial materials; and upon failure thereof, shall be subject to presentment or indictment, and liable to all the penalties to which overseers of public roads are liable for similar offences.

Sec. 15. Be it enacted, That this charter shall exist and be in full force, power, and effect for the term of one hundred years from and after the first day of Jan

Sec. 16. Be it enacted, That should the President and Directors, and Stockholders owning two thirds of the when graded

only. stock in said road, determine to grade said road only, and not to cover said road with limestone upon the MacAdam plan, or with gravel, or charcoal, as herein before set forth and specified; then and in that case, it shall only be lawful to erect gates and receive toll thereat for every ten miles of said road, so finished and completed by grading only as aforesaid, with the right to demand and receive at each gate the rate of tolls herein above mentioned; Provided, that all persons and carriages, of every description, in going to and returning from church, muster or mill, shall pass

without the payment of toll.

F. BUCHANAN,
Speaker of the House of Representatives.

J. M. ANDERSON,

Speaker of the Senate. Passed, January 11, 1848.

CHAPTER LXX.

An Act to amend the Charter of the Nashville and Chattanooga Rail Road

Company.

Election of Directors.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That the Board of Commissioners of the Nashville and Chattanooga Rail Road, is hereby authorized and empowered to appoint three Judges and two Clerks for the purpose of holding an election for fifteen Directors of said company, on the 24th of Janu

ary, 1848; and upon the certificate of said Judges, the said directors shall be authorized to qualify as directors, and to make all rules, regulations and by-laws necessary for the government of said Company, and the management of its affairs, not inconsistent with the general laws of the land.

SEC. 2. Be it enacted, That the Board of Directors Board may of said company shall have power to appoint three appoint judges Judges and two Clerks from year to year for the pur

pose of holding elections for Directors.

SEC. 3. Be it enacted, That the charter of said comPaid stock to pany be further so amended that the said company be draw interest. required to estimate and pay semi-annually to the sever

al holders thereof, a sum equal to six per cent per annum,
on the capital stock of said company actually paid in,
to be charged to the cost of construction; Provided, a
majority of the stockholders at their first regular meet-
ing agree thereto.

F. BUCHANAN,
Speaker of the House of Representatives.

J. M. ANDERSON,

Speaker of the Senate. Passed, January 21, 1848.

CHAPTER LXXI.

An Act to incorporate Bethel Seminary, in the county of Carroll, and for

other purposes.

Whereas, the West Tennessee Synod of the Cumberland Presbyterian Church, did by resolution, passed some three years since, determine to establish an instiJution of learning within its ecclesiastical jurisdiction: And whereas, Said Institution has been located at McLemoreville, in the county of Carroll, also suitable buildings have been erected for said Institution, and it is now in successful operation in its fifth session. Therefore:

Section 1. Be it enacted by the General Assembly of the Incorporation.

State of Tennessee, That A. E. Cooper, Doct. S. Bigham, J. H. Alexander, Gilbert Hart, E. Gwin, A. P. Hall, J. H. Harrell, A. B. Mitchum, J. Roach, John Simon, A. H. Smith, J. B. Terry, and C. Wilder, and their successors in office, are hereby constituted, and shall forever hereafter be a body corporate and politic, by the name and style of the Trustees of Bethel Seminary, and by that name and title shall sue and be sued, plead and be

Officers of Board.

impleaded, answer and be answered unto, in any court of law or equity in thiş State; and shall have full power and authority to receive and make title to property, both real and personal, to receive and hold donations or legacies for the benefit of said Institution, to an amount not exceeding one hundred thousand dollars; to have and use a common seal, and to have and exercise all

corporate privileges usually granted to similar institutions of learning

Sec. 2. A majority of said board shall have full power Board to elect and authority to elect a Principal for said Institution, teachers. also such assistants, tutors, or other officers as they may deem necessary; but that any five members of said board, convened at any regular meeting, or by the call of the President or any two members thereof, (three days notice being given,) shall constitute a quorum to do all other business.

Sec. 3. Said Trustees shall elect, annually, a President to preside in their meetings, a Secretary to keep a fair record of all their transactions, and a Treasurer to take charge of the funds of the Institution. Their officers shall be selected from their own members.

SEC. 4. Said board shall have full power to form any By-laws and and all by-laws and rules necessary for the government rules, of themselves, or of the Institution, not inconsistent with the constitution of the State or of the United States; and it shall be their duty to attend the semi-annual examination of the Institution, and visit it as often as convenient; also to prepare and present an annual report of the progress of the school; the names of the Trustees, with the vacancies existing in the board; the number of students, and every thing else which they may deem advantageous to the Institution, to the annual sessions of the body having the right to fill vacancies in said board, as hereinafter specified.

SEC. 5. The names of said board of Trustees, arrang. Vacancies--ed in alphabetical order, shall be divided into three how filled. classes, as nearly equal as may be, and that one of said classes shall go out of office annually, in October, beginning at the upper class on said list. All members going out of office being eligible to re-election at any time; and that the West Tennessee Synod of the Cumberland Presbyterian Church, or whatever Synod of said Church includes said School within its ecclesiastical jurisdiction, shall have full power to fill the vacancies thus created; also all others. But that other vacancies occuring, may be filled by the existing board until the ensuing meeting of said Synod.

Sec. 6. No misnomer or misdescription of the cor

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