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charter of said company, and the several amendments thereto, and the said company shall have the right to purchase or condemn lands, stone, gravel or timber for the location and construction of said road; and in case it may become necessary to condemn the same, it shall be done in the same manner as prescribed in said charter and its amendments.
Sec. 5. And be it further enacted, That the said president and directors shall have the right to call upon the subscribers for pay. May call on ment on their stock, from time to time, as the same may, in their subscribers opinion, be required for the prosecution of said work, and if any at any time. subscriber shall fail to pay any call thus made, after having had thirty days notice, of any call made as aforesaid, the said Tuscumbia, Court. land and Decatur rail road company, shall have the right to recover judgment against said stockholder, by motioh in any court of record How to proin the county where said stockholder may reside; said company hav: ceed when ing first given such stockholder thirty days notice of said intended fail to pay. motion, in which notice shall be stated the number and amount of the calls due and unpaid, which notice shall be signed by the president of said company, and attested by the secretary thereof, and shall be served by the sheriff of the proper county, thirty days before the setting of said court; and said notice shall stand as a declaration, and judgment shall be rendered thereon at the first term of the court, unless good cause be shewn to the contrary: And it is further provided, that the signature of the president and secretary to said notice, with the seal of the company impressed thereon, shall be prima fucia evidence of the calls having been made, and the amount there. of, and of every other fact necessary to a recovery, except of the notice to the defendent of the call or calls having been made, and proof made by said company that they had caused a notice of a call made, to be put in the post office at Tuscumbia, directed to the defendant at the post office where he usually received his letters, thirty days before the date of the notice of the motion against him, shall be sufficient evidence that notice of the call was given him. Sec. 6. And be it further enacted, That if any subscriber re- Stock of non
residents how siding out of this state, shall fail to pay any call made hy said com
forfeited. pany upon his stock of ninety days from the time that notice of such call, shall be placed in the post office at Tuscumbia, directed to him at the post office where he usually receives his letters; the said company shall have a right to declare said stock forfeited to the company, with all the money which shall have been paid thereon, and all the rights and privileges of said stockholder as a member of said company, shall cease to exist, from the date of such declaration; and said company shall have the right, from time to time, to open books for the subscription of such stock as shall be so declared forfeited, under the same regulations as books are directed to be opened for the original subscription, or they may sell the same at public auction, by giving thirty days notice of the time and place of such sale.
Sec. 7. And be it further. enacted, that so much of the present oharter of said company and the amendments thereto, as are not inconsistent with this act, is hereby declared to be in full force, and
shall in nowise be impaired or hereby repealed: Provided, nothing Banting pro- in this act shall be so construed as to authorise banking privileges.
Approved Feb. 2, 1839. [No. 97.1
AN ACT 'I'o authorise Guardians of Minors, Idiots and Lunatics to receive and remove from this
State, any property to which such Ward may be entitled, where both Guardian and Ward reside out of the State, or to remove the same from one county to another in this State, &c.
Section 1. Be it enacted by the Senate and House of Repre
sentatives of the State of Alabama in General Assembly convened, Guardian may
that in all cases where any Guardian and his Ward may both be non
pro- residents of this state, and such ward may be entitled to property of perty out of this state
any description in this state, such guardian, on producing satisfactory proof to the judge of the county court, of the proper county, by certificates according to the acts of congress, in such cases, that he has given bond and security, in the state in which he and ward reside. in double the amount of the value of the property, as guardian; &c; and it is found that a removal of such property will not conflict with any terms or limitations attending the right by which the ward owns the same; then any guardian may demand, receive or sue for, and remove any such property to the place of the residence of himself and ward,
Sec. 2. And be it further enacted, That when such non-resi. dent guardian shall produce an exemplification from under the seal of office, if there be a seal of the proper court in the state of his residence, containing all the entries or record in relation to his appointment, giving bond, &.c, and authenticated as required by act of congress as aforesaid. The judge of the county court of the proper county of their state, either in vacation, at a special sitting or in term time, may cause suitable orders to be made discharging any resident guardian, executor, administrator, &c., and authorising the delivery and passing over of such property; and also requiring receipts to be passed and filed, if deemed advisable. Such judge may also enforce any such orders in any of the modes prescribed by law; Provided, the benefits of this act shall not be extended to the citizens of any state in which a similar act does not now exist or may not hereafter be passed; And Provided, also, that property may be
removed from one county to another, in this state, under the rebe removed strictions prescribed in this act, so far as applicable on exemplication, from one c'ty simply of the record under the clerk's hand and seal, being suffi
cient; and in all cases, thirty days notice shall be given to the resi. dent guardian of the proper county or state, of the intended application for the appointment and application for the order of removal. And the court shall, and may, reject the application, and refuse such order, whenever it is satisfied it is not for the inierest of the heir, lunatic, minor, &c., that such removal shall take place.
Approved Feb. 2, 1839.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Thomas B. Creagh as President, and William Garrison, Thom
Real estate not to exceed
as E. Ellis, Henry A. Alwood, and Samuel Pitts of the county of Wilcox; and Benjamin Glover, Joseph Chambers, James Pickens, Incorporation and Henry King, of the county of Marengo; and Frederick Peck, Robert C. Randolph, Joseph B. Stickney, and Thomas M. Johnson of the county of Greene; and Hudson Ware, James Moseley of the county of Perry, as Directors, with their associates and successors in office, be and the same are hereby made a body politic and corporate in deed and in law, by the name and style of Prairie Bluff, Woodville and Greensborough Rail Road Company, in which name, they and their successors in office are hereby made capable in law, to sue and be pued, plead and be impleaded, answer and be answered, defend and be defended in any court of law or equity in this State, or elsewhere, to purchase, receive and hold, sell, convey and confirm, real or personal estate, as natural persons, to have and to use a common
a seal seal, to alter and change the same, at pleasure, pass such by-laws, rules and regulations for the good government of said corporation as to them shall seem proper, and generally, to exercise all powers, and to do and perform all acts, matters and things which they may seem necessary to carry into full and complete effect, the objects of this aet: Provided, that the real and personal estate owned by said company, shall not exceed the sum of one million of dollars.
$1,000,000 Sec. 2. And be it further enacted, That the President and Directors hereby appointed, shall continue in office until the first Mon-Open Books day in June, one thousand hundred and thirty-nine, and they cause books to be opened at Prairie Bluff, at Woodville and at Greensborough, and at such other places as they may deem proper for the subscription of stock, and shall give thirty days notice, previous to opening said books at the several places at which books will be opened, and shall also publish the same in one, or more newspapers printed in this State; and said books when opened, shall be kept open for the space of ten days, and may be opened from time to time, until a sufficient amount of stock shall be subscribed; which stock so subscribed shall be divided into shares of one hundred dollars each. See. 3. And be it further enaeled, That the stockholders shall
Stockholders meet at Woodville, on the first Monday in June, as aforesaid, and to eiect direcproceed to elect thirteen Directors, who shall be stockholders in said tors. company, one of whom shall be chosen President by the board, and they shall take an oath faithfully to perform their duties as such President and Directors, and shall continue in office until the first Monday in June next, after said election, and until their successors are chosen and qualified, which choice shall be made on the first Monday in June, annually, at such place as the board may have appointed after the first election, or in one month thereafter, by the stockholders, who may vote either in person or by proxy, and shall be entitled to one vote for every share of stock, he, she, or they may hold in said company: Provided, that no one stockholder shall be entitled to more than one hundred votes, and the stock hereby authorised to be subscribed, shall be transferable, and all transfers of stock shall be entered on the books of said company, and the holder thereof shall be entitled to all the benefits, and subject to all the liabilities of an original stockholder.
Sec. 4. And be it further enacted, That the President and DiPowers and rectors of said company, when they shall have organised agreeably pripileges
to the third section of this act, shall have power to horrow money, contract debts and be contracted with upon the credit of the stock thereof, and to pledge personal or real estate for the payment of their debts, to appoint such officers, agents and servants as they may think necessary, and give them such compensation, as they may conceive just; they may require such instalments, to be paid upon the stock, and at such times as they may think best for the interest of said company.
Sec. 5. And be it further enacted, That upon the failure or re
fusal of any stockholder to pay the amount due upon his, her, or their Stock may be forfeited stock in pursuance of any call made by the President and Direc
tors aforesaid, said President and Directors may upon giving sixty days notice at three or more public places, one of which shall be at the town of Woodville, proceed to sell the shares of stock owned by said stockholders, or such part thereof as they may think proper, to the highest bidder, and if upon the sale of the shares owned by said defaulting stockholders, said stock should be sold for less than par value, said stock holders shall be liable to pay to the said company, said deficiency in the sale of said stock, in
the manner and form hereafter specified. Defaulting
Sec. 6. And be it further enacted, That upon the failure or restockholders fusal of any stock holder to pay any instalment upon his stock, called bow proceed- for or demanded by the President and Directors of said company, in ed agaiast
the manner and form as specified in the fourth section of this act, or ifupon the public sale of the shares of any stockholder in said company, said shares or stock shall be sold for less than par value as specified in the filth section of this act, said President and Directors may upon giving said defaulting stock holders, at least thirty days notice in writing thereof proceed by their attorney duly constituted and appointed under the common seal of said company to move either the circuit or county court of the county in which said stock holder may reside for judgment against said stock holder for the amount called for by said President and Directors in the manner and form as specified in the fourth section of this act, or as the case may be, for any such deficiency as may occur in the sale of said stock as above specified, and said court, is hereby authorised and required to render judgement against any such defaulting stock holder, upon such motion being made as aforesaid: Provided, that said court shall be satisfied that the requisite notice, has been duly served upon said stock
holder, at least thirty days previous to the day on which said motion Proviso.
may be made, which judgement so given, shall be a lein on the real and personal property of said stock holder, as in case of ordinary judgment rendered in any court of record in this State, and notices hereby required to be given to any defaulting stock holder, shall be served by the sheriff or his deputy, of the county in which it is intended, that such motion is to be made, and shall be returned to the office of the clerk of the court to which such notice appears by its face to be returnable, for which said sheriff shall be entitled to one dollar, which together with all other acts accruing on said motion
shall be paid by the party against whom judgment may be rendered, and all costs accruing upon said motion, shall be governed by the ordinary rules and regulations of the courts in which said motion may be made.
Sec. 7. And be it further enacted, That the said board of Directors shall commence said Rail. Road at the town of Prairie Bluff, on the Alabama river, in the county of Wilcox, and extend the same by way of Woodville, in the county of Perry, to Greensborough, in the county of Greene.
Sec. 8. And be it further enacted, That the President and Directors of said company, shall have power to borrow money, contract debts and be contracted with upon the credit of the stock of said company, and to pledge personal and real estate for the payment of the debis of said corporation, and they shall have the power to require payment of the stock subscribed in such instalments as they
When comp'y may deem for the interest of said company, and in case the said President and Directors cannot agree with the owners of land or ma- with owner, terials required for said Road, as to compensation therefor, or in value of procase, the owner thereof be an infant, non-resident, or noncompos seso'd bs jury mentus, then, and in that case, it shall be lawful for the said President and Directors to apply to the Judge of the county court, in which sáid land or materials may be, and on such application it shall be the duty of said Judge, forthwith to issue a warrant under his hand and seal directed to the sheriff of said county, commanding him to summon the owner of such land or materials, if to be found in his county, and also to summon a jury of twelve disinterested free holders to appear before him at the place where the county court oi such county is by law holden, at a time not exceeding ten days from the issuance of said precept, whøse duty ii shall be to assess the value of the land or materials so required; and in the case of lands, they shall in the same assessment, assess the damages that the owners thereof may sustain, by reason of the land being so taken for the use of said Road, and in all assessments of value and damage under this act, the jury shall take into consideration the advantage that the defendants may derive from said Road, and render their verdict accordingly; and it shall be the duty of the Judge before whom the said assessment is so made, to make a record thereof and to return the same to the clerk of the circuit court of said county, and the said clerk shall enter the same, as a cause on the trial docket of said court at the term next succeeding the return thereof and on motion, if no objection be made, the same shall be affirmed, and judgement thereof be entered as in other cases, and if said motion be resisted and sufficient cause in law be shown for setting aside said assessment, then judgment thereof shall be entered, and the court shall forth with order an issue to be made tween the parties to try the same matter, and the parties shall proceed therein de novo, and at the same time of the court, unless sufficient cause be shewn by either party, for the continuance thereof, and the judgment of the circuit court, when for the claimants, shall be the lands in question or the materials as the case may be, is condemned to the use of the President, Directors and company of said