SEC. 25. Be it further enacted, That the persons named in the first section shall direct the affairs of said corporation until a board of five directors shall be elected by the persons who may subscribe for stock in said company, which shall be at a day to be fixed by said persons, within twelve months from the passage of this act, and after that time biennially.

SEC. 26. Be it urther enacted, That said corporation shall have power to sell lots in said cemetery, for burial pur poses; to appoint suitable agents and officers; to make such rules, regulations and by-laws from time to time, for the government of the company as may be deemed necessary; and the real estate held and used for burial purposes shall be exempt from taxation as long as it is so used.

SEC. 27. Be it further enacted, That said corporation may take and hold any grant, donation or bequest of property upon trust, to apply the same or the income thereof, for the improvement or embellishment of the cemetery, or any lot, or structure, or monument thereon.

Co.

SEC. 28. Be it further enacted, That the formation of a company is hereby authorized for the purpose of con- Lawrence and structing a McAdamized or gravel road from Pulaski, in Giles Turnpike the county of Giles, by way of Vale Mills, in said county, to the town of Lawrenceburgh, in Lawrence county, to be known and designated as the Lawrence and Giles' Turnpike Company.

SEC. 29. Be it further enacted, That the capital stock of said company shall be fifty thousand dollars, in shares of twenty five dollars each, with the privilege of increasing the same, if it shall be deemed expedient by the board of directors, and payable in work, or money, or labor and materials for building said road as the stockholder may designate at the time of making his subscription.

SEC. 30. Be it further enacted, That James F. Smith, Wm. Fogg, Alexander G. Steele, Thomas D. Davenport, Jas. S. Conner, David Bodenhammer, and Thomas W. Jones, of the county of Giles; and Wm. Simonton, Dr. J. M. Hamilton, Stephanus Besby, Wm. B. Chaffin, Cobb B. Davis, and L. Mino Bently, of Lawrence county, be, and they are hereby appointed commissioners to open books in the town of Pulaski; Vale Mills in the town of Lawrenceburgh, for the purpose of receiving subscriptions for stock in said turnpike company; said commissioners shall keep two sets of books, one for the purpose of receiving subscriptions for stock payable in work or materials, and one for stock payable in money. SEC. 31. Be it further enacted, That when the sum of

eight thousand dollars shall be subscribed in work or money, or in both, then the commissioners shall call a meeting of the stockholders at Vale Mills, after giving twenty days' public notice in the newspapers at Pulaski and Lawrenceburgh, who shall proceed to elect seven directors, who shall hold their offices for two years, and until their successors are elected, any four of whom shall constitute a quorum, with full power to transact all business; said directors after being duly sworn well and faithfully to discharge the duties of their office, shall elect one of their body the president, whose signature and private seal shall be sufficient to authenticate all acts and obligations of the company when made in pursuance of the directions of said board of directors, a majority of the board present being required in all instances to bind the company.

SEC. 32. Be it further enacted, That when said board of directors are elected and qualified, or a majority of them as before specified, then said company is hereby declared a body politic and corporate, with full power to sue and be sued, under the name and style aforesaid, and to do all lawful acts as prescribed by this charter and the law of the land, as applicable to the same.

SEC. 33. Be it further enacted, That when any vacancy shall occur either by the directors who may be elected, failing and refusing to be qualified, or by removal from the State, death or resignation, then a majority of the board elected shall have full power to fill said vacancy, and said director so selected, shall hold his office until the next general election.

SEC. 34. Be it further enacted, That the board of directors as soon after their election as practicable, shall employ an engineer or some other competent person, to survey and locate said road, under the direction of said, board, the nearest and most practicable route from theʻ town of Pulaski, by way of Vale Mills to the town of Lawrenceburgh; said engineer under oath, shall make out and file with said board of directors an estimate of the cost of building said roat.

SEC. 35. Be it enacted, further, That as soon as said estimates shall be made out and filed, the directors shall proceed to let to contract the building of said road, giving to the owners of the soil over whose lands said road shall be located the preference in all instances of taking said contract: Provided, They will do the same at the estimates made by said engineer, and the balance of said road they shall let out publicly or privately, as to them may seem best.

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SEC. 36. Be it further enacted, That the company are not required to McAdamize or gravel any part of said road, when in the opinion of the engineer, grading only will be sufficient.

SEC. 37. Be it enacted, further That the grading shall at no place be greater than five degrees elevation, shall be twenty feet wide, covered with rock or gravel for twelve feet in the centre, eight feet of said rock or gravel in the centre shall be eight inches thick, and two feet on each side four inches thick.

SEC. 38. Be it further enacted, That said company may erect five gates upon said road, but no gate shall be located nearer than one mile of the court house in the town of Pulaski, and the town of Lawrenceburgh, and of four miles of each other.

SEC. 39. Be it further enacted, That the company may purchase such quantity of land as may be necessary, not exceeding twenty-five acres, to put up suitable tollgates and houses.

SEC. 40. Be it further enacted, That the company shall have the right to put up one gate at each end when three miles of the road shall be completed at each end, or one gate if only three miles is completed at one end, and one gate for each additional four miles that may be com pleted.

SEC. 41. Be it further enacted, That the company shall have five years from the time of the survey and location of said road to complete the same, and two years to commence work.

SEC. 42. Be it further enacted, That in the event that ten miles of the road shall be completed in five years, from either end, this charter shall not be forfeited, and the company may elect whether to complete said road, or hold the privileges and franchises of this charter for the ten miles which shall be built; and if only ten miles shall be made, the company shall only be entitled to three gates.

SEC. 43. Be it further enacted, That the company shall have the right to appropriate the land for the space of thirty feet upon which said road shall be located, and all gravel and stone adjacent thereto for the purpose of building, doing as little damage as practicable to the owners in using the same; and whenever the owners of the soil or rock or gravel shall not relinquish the same, and the parties cannot agree upon the price to be paid, or the damages sustained, that then the owner shall have the right to file his petition to the Circuit Court, giving the company five days' notice, the court shall ap

Rates of Toll.

point five freeholders, who shall go upon the premises and assess the damages, and report the same to the succeeding term of the Circuit Court, when their report shall be entered as the judgment of the court if no sutficient cause is shown to the contrary: Provided, That either party may appeal to the Supreme Court.

SEC. 44. Be it further enacted, That the toll for said road shall be as follows, at each gate: one cent per head for hogs or sheep; two cents per head for cattle horses or mules in a drove; for horses or mules not in a drove and not employed as a draught horse, five cents per head whether mounted or not; for every loaded wagon twenty-five cents; and for every empty wagon, ten cents; every loaded cart upon only two wheels fifteen cents, empty five cents; for all pleasure carriages and barouches drawn by two or more horses, twenty-five cents; for every buggy drawn by two horses, fifteen cents, by one horse ten cents.

SEC. 45. Be it further enacted, That no person shall pass through any gate, unless permitted by the gatekeeper, without paying the toll due; and if any person should so pass, then it shall be the duty of the gate keeper to pursue them, and sue them in the name of the company before any Justice of the Peace in this State, who shall give judgment for five dollars as a penalty, in addition to the gate fees.

SEC. 46. Be it further enacted, That on information given by any person under oath, before any Justice of the Peace, that the road has been twenty days out of repair, the Justice sh 1 issue a warrant to some constable or the sheriff, against the nearest gate keeper, or the president of the board of directors to appear before him at a time specified therein, and also commanding him to summon three freeholders, who shall go upon the road and investigate the charge. If they find it true, the Justice of the Peace shall give judgment that the nearest gate shall be opened, and no toll taken at said gate until the road shall be duly repaired and the cost of the procceding paid. Upon due proot before said Justice that said road is repaired, he shall order that said gate be closed and toll collected as before. The free holders so summoned shall be entitled to one dollar each, and the magistrates and officers the same fees as for other similar services.

SEC. 47. Be it further enacted, That an election shall be held every two years for directors; twenty days' notice shall be given in the newspapers of Pulaski and Lawrenceburg, of the time and place of holding said

election; and every stockholder shall be entitled to one vote for each share he has taken. The seven highest number voted for shall be declared elected.

SEC. 48. Be it further enacted, That the hands of all stockholders over whose lands said road shall pass, and whose hands shall be residing on the same, shall be exempt from working upon all public roads: Provided, He has relinquished the right of way to said company, has taken three shares of stock for every hand liable to work upon said road, and the dividends upon said road does not exceed two cents to the dollar of stock subscribed; and provided, also, that no other public road passes through any part of his lands; and if any other public road should pass through any other portion of his lands, upon which his hands may be living, then said hands shall only be assigned to work on said road.

SEC. 49. Be it further enacted, That the board of di rectors shall have full power to elect all officers, such as secretary, treasurer, superintendent, and gate-keepers, prescribe the mode of transfer of stock, and make and pass all by-laws necessary and proper to carry this charter into effect.

SEC. 50. Be it further enacted, That the corporations of the towns of Pulaski and Lawrenceburgh, and the Southern Central Railroad Company shall have power to subscribe for stock in said company.

and Manufactur

SEC. 51. Be it further enacted, That James Young, Charles Corey, James M. Edwards, and their associates, are hereby constituted a body politic and corporate. under the name and style of the Southern Mining and Southern Mining Manufacturing Company, for the purpose of exploring, ing Company. mining, and vending iron and other ores and minerals; and for working, smelting, manufacturing and vending the same; and to continue in existence to them and their successors for the period of ninety nine years; with power to make and use a common seal, to alter or change it at pleasure; to make such by-laws, not inconsistent with the laws of this State and the United States. as it may deem proper and necessary for its government; in its corporate name to sue and be sued, to plead and be impleaded, to purchase and acquire, to receive in donation, to rent, lease, hold, possess and enjoy all such real and personal estate, and, all mining privileges and rights of way that may be useful for carrying on its operations; to have succession, to hold by purchase or otherwise, and to dispose of the same, any real estate or personal property which may be useful or necessary for carrying on its operations, or which it may be possessed