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directors shall have power, at any time after ten thousand dollars are subscribed, to let out and put under contract the said road, or any portion of it, in parcels great or smail, to contractors, as they may think best.

SEC. 9. Be it further enacted, That said president and directors shall cause said road to be graded at least eighteen feet wide, with ditches on either side where necessary, and graveled or McAdamized; the whole to be so completed as to make a good, smooth and firm road of not more than six degrees.

SEC. 10. Be it further enacted, That said president and directors, upon the completion of five miles of said road on either end, may erect a toll-gate, and at the completion of every other five miles, a gate may be erected; but if Rates of ToH. the last section is as much as three and one half miles, but not as much as five, a gate may be erected on that; and the toll on said road shall be the same as that fixed for the Sewanee Turnpike Company, chartered at the present session.

SEC. 11. Be it further enacted, That said president and directors shall be required to make good bridges or culverts across all running streams on said road.

SEC. 12. Be it further enacted, That a majority of directors shall always constitute a quorum for the transaction of business; and a majority of the stockholders in interest and numbers shall constitute a quorum for the election of the first directors which are to be elected, and for the transaction of all business at that meeting; and the directors so elected shall hold their office for one year, and until their successors are elected; and at all subsequent elections a majority of those voting shall control the election.

SEC. 13. Be it further enacted, That the right of way may be obtained in the same way and under the same regulations that the right of way is obtained for the Nashville and Chattanooga railroad, except that if application for damages is not made in one year after the completion of that part of the road, the claim shall be regarded as abandoned.

SEC. 14. Be it further enacted, That the stock of said. company shall be divided into shares of twenty-five dollars, and one share shall entitle the owner to one vote in all elections, and in all matters to be determined by the stockholders; and should a county subscribe stock, the Chairman of the County Court shall represent said stock; and should any incorporated town subscribe stock, the mayor shall in all elections represent the same.

Sam Smith's Springs Turnpike Company.

Turnpike.

SEC. 15. Be it further enacted, That John S. Prichard, Silas Linton, Thomas J. Allison, and Robert Bond, of Davidson, Thomas N. Whitfield, Richard L. Berry, of Cheatham county, William Givens, George W. Givens, Winfield Knight and Isaac Joy, of Williamson, be, and they are hereby appointed commissioners to open books and receive subscriptions for stock in shares of twenty-five dollars, to be paid in labor or money, for the purpose of building a turnpike road, leading from a point at or near the mill of Thomas J. Allison, on South Harpeth, on the Centreville road, to a point at or near Sam Smith's springs, in Williamson county; said road to be constructed as a second class turnpike road, either graded, graveled or McAdamized, as the stockholders may determine, with the privilege of one gate, and with the privilege of bridging South Harpeth or not. The gate to be erected within one and a half miles of the commencement of said road; that whenever a sufficiency of stock is subscribed in the opinion of a majority of the commissioners herein appointed, to justify the commencement of said road, then they may call the stockholders together, who may elect one of their number president, and also select a treasurer and secretary, and otherwise regularly organize; that the board of directors so elected shall receive further subscription of stock, and do all other things necessary to the completion of their road.

SEC. 16. Be it further enacted, That the persons who may become stockholders in said road, are hereby incorporated under the name and style of the "Sam Smith's Springs Turnpike Company," and as such shall have succession for a period of ninety-nine years, and shall have all the rights, privileges and powers, and be subject to the same restrictions of the Hardin pike, by whatever name known, and otherwise subject to and controlled by the provisions of the Code. The commissioners shall have their first meeting at Thomas N. Whitfield, all other meetings to be held when a majority may determine.

SEC. 17. Be it further enacted, That G. H. Warfield, Stephen Lyons, J. N. Baker, G. A. Harrel, and Wm. B. Killeburn, are authorized to receive subscriptions of stock in shares of twenty-five dollars each, to be paid in Sulphur Spring money or labor, for the purpose of building a turnpike road branching from the Clarksville and Russellville turnpike, and leading by or near the sulphur spring, and continuing in the direction of Port Royal, Montgomery county, and whenever a sufficient sum is subscribed to grade said road five miles, the subscribers of stock thereto are hereby incorporated with the name and style of the Sulphur Spring Turnpike, with all the rights, powers and privileges of the

Clarksville and Port Royal Turnpike Company. Should the said company not have sufficient subscription of stock to grade and McAdamize said road, it may grade said road for five miles, and erect a gate and charge one-half toll at same, until they procure means to McAdamize the same; and when they procure means they may extend said road to Port Royal, and erect a toll-gate for every five miles of said road.

SEC. 18. Be it further enacted, That such persons as have or shall subscribe for stock to build a McAdamized turnpike road from the Rome bridge, eastwardly, to the Carthage and Hartsville turnpike road, crossing the Cumberland river near James Rowland's, be, and they are hereby constituted a body corporate and politic, with the rights, powers and privileges as hereafter specified.

SEC. 19. Be it further enacted, That said corporation shall

be known by the name of the Rome and Payne's Bend Rome and Turnpike Company, and by that name may sue and be Payne's Bend sued, and have and exercise all the powers and privileges Turnpike Co. common to such companies.

SEC. 20. Be it further enacted, That said road shall commence at the eastern end of the bridge across Round Lick creek, near Rome, in Smith county, and run on the most practicable route through Payne's Bend, and across the Cumberland river, and intersect the Carthage and Hartsville turnpike road.

SEC. 21. Be it further enacted, That as soon as there shall be five subscribers for stock, citizens of this State, and an aggregate subscription of five hundred dollars per mile for the length of said road, they may meet and organize, and proceed to carry out the objects of this incorporation.

SEC. 22. Be it further enacted, That a share shall be twenty-five dollars, and each strockholder shall have one vote for each share,

SEC. 23. Be it further enacted, That they shall and may elect a board of directors, who shall elect and appoint such officers, agents and servants as they may deem proper, and the board of directors shall hold office for one year and until the election of their successors.

SEC. 24. Be it further enacted, That said company shall have power to take land of individuals, for the right of way, not exceeding fifty feet in width, and ground necessary for. gates and toll-houses, in the mode prescribed in the chapter of the Code, for taking private property for works of Internal Improvements.

SEC. 25. Be it further enacted, That said company shall commence the construction of said road in one year, and

Bates of toll.

shall finish the same in four years, and shall have existence for ninety-nine years from this date.

SEC 26. Be it further enacted, That said company shall be entitled to one toll-gate for every five miles of road, and shall keep up a ferry across Cumberland river, at the pot where the road crosses, and shall have the right to charge and collect the same ferryage as other ferries in Smith county, and may purchase and hold land sufficient for tollgates and a ferry house, not exceeding ten acres at each gate and at the ferry.

SEC. 27. Be it further enacted, That the board of direc tors may prescribe the amount of each instalment, and the times of calling the same.

SEC. 28. Be it further enacted, That should any stockholder fail to pay any call or calls, his stock, on thirty days notice, in writing, at the court house door, in Carthage, and at Rome and Dixon Springs, shall be sold by order of the board, the purchaser acquiring all the liabili ties of the original stockholders; and if such stock should not bring the amount due, the original stockholder shall be liable to the company for the residue, to be recovered by action at law.

SEC. 29. Be it further enacted, That the company, if they deem best, may provide for the payment of stock in work on the road.

SEC. 30. Be it further enacted, That the road shall be bedded at least twenty-four feet wide, the first coat of stone or gravel, sixteen feet wide and six inches thick, the second of stone or gravel, at least eight feet wide and six inches thick, the stone of the last coat not to exceed onehalf pound in weight, and the grade of the road shall not exceed an angle of five degrees with the horizon; and shall have sufficient ditches and culverts to drain off the water, and good bridges across streams, except the Cumberland river.

SEC. 31. Be it further enacted, That said company may purchase land for the purpose of supplying themselves with stone, gravel, dirt, wood or other material, or they may take such material necessary for the work along the line of the road, wherever convenient, in the method prescribed in the Code for taking land for purposes of internal improve

ment.

SEC. 32. Be it further enacted, That said company may demand and receive tolls at each gate as follows: For hogs or sheep per head, one cent; for cattle, or horses, or mules, in a drove, per head, two cents; for horses or mules not in a drove, nor employed in drawing, whether mounted or not, per head, five cents; for every loaded wagon, twenty-five cents; for buggies and barouches, and other similar two-horse carriages, fifteen cents; for other two-horse

L

pleasure carriages, twenty-five cents; for one-horse buggies, and other similar vehicles for conveyance of persons, ten cents; for other vehicles for the transportation of goods or produce, ten cents.

SEC. 33. Be it further enacted, That no toll shall be taken for persons passing from one part of their farm to another part; or for persons going to or returning from funeral or places of worship; or from election precincts, at which such persons are entitled to vote; or to, or from militia musters; or to, or from grist mills with grain for family use; or from persons traveling on foot, except persons crossing at the ferry, on foot, may be charged ferriage.

SEC. 34. Be it further enacted, That all the provisions of chapter seven, articles two and three of the Code shall apply to this company, for compelling said company to keep their road in good repair, and for throwing open the gates when out of repair, and for preventing extortion on the part of said company, as well as the mode of enforcing the rights of said company under their charter.

SEC. 35. Be it further enacted, That the following persons are hereby appointed commissioners to open books and receive subscriptions for stock in said company, viz: William W. Price, Roger Flippen, Geo. W. Catron, Robert Wroe, James Rowland, Oscar F. Ewing, and Ira B. Pumell.

SEC. 36. Be it further enacted, That persons who may have heretofore subscribed stock for building said road, shall be deemed and held stockholders in said company to the amount of their said subscriptions.

Sec. 37. Be it further enacted, That Wm. G. Clagett, S. J. George, G. W. Stanfield, J. R. Eason, L. P. Lotty, J. M. Baird, Z. Hassell, G. W. Brutton, N. C. Weems, W. Walker, B. Gordon, V. F. Bibb, J. G. Farkington, Jno. Reaves and G. Maberry, or any seven or more of them, are hereby appointed commissioners to open books to receive subscriptions for stock, for the purpose of building a turnpike road from Centreville, in Hickman county, to the city of Nashville, at such times and places as they may think best, either in cash subscriptions or in work; and that all Centreville and of said persons, or so many of them as shall unite in pike Co. making said road, or any other person or persons not named, who shall aid in its construction, or any seven of them shall be, and they are hereby appointed a body politic and corporate, by the name and style of the "Centreville and Nashville Turnpike Company," and by that name may sue and be sued, plead and be impleaded, and have a common seal, and have succession for ninety-nine years. SEC. 38. Be it further enacted, That the commis

Nashville Tura

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