Upson County Railroad Taxes to be Settled, Etc. TITLE III. RAILROAD COMPANIES. ACTS. Upson County Railroad taxes to be settled, etc. Charter of Louisville Branch Railroad Company amended. Right of way for Cincinnati Southern railway. Relief of Macon and Augusta Railroad Company from overtaxes. Charter of Louisville Branch Railroad Company amended. Athens Transfer Railroad Company incorporated. Charter of Lawrenceville Branch Railroad Company amended. Charter of Cartersville and Van Wert Railroad Company amended. Thomasville Railroad Company incorporated. Dahlonega Air-Line Railroad Company incorporated. Waycross and Florida Railroad Company incorporated. Carnesville Railroad Company incorporated. Hartwell Railroad Company incorporated. Rome Street and City Park Railroad Company incorporated. Charter of Barnard and Anderson Street Railroad Company incorporated. Gate City Street Railroad Company incorporated, UPSON COUNTY RAILROAD TAXES TO BE SETTLED, ETC. No. 154. An Act to authorize and require the Comptroller General to accept as a basis of taxation of the Upson County Railroad, for the four years it is in default, the taxable value thereof as determined by arbitration for the year 1878, and to relieve said railroad from the penalties attached because of said default. WHEREAS, The President of the Upson County Railroad Company Preamble. either from inadvertance or ignorance of the requirements of the Act approved February 28, 1874, in relation to the taxation of railroads, failed to return said railroad for taxes for the years 1874, 1875, 1876, and 1877; and, whereas, the Comptroller General assessed said railroad for each of the years so in default, many times more than its real value, and attached as penalty three times the amount of taxes so imposed, making in the aggregate an amount almost equal to the value of the entire property, and issued his fi. fas. therefor; and, whereas, the true taxable value of said railroad Upson Charter of Louisville Branch Railroad Amended. for the year 1877 has been determined by arbitration in compliance with law; therefore, SECTION I. Be it enacted by the General Assembly of the State of Georgia, That the taxable value of said Upson County Railroad as determined by arbitration for the year 1878, to wit: $13,810 shall tax due by be the basis of taxation for each of the years 1874, 1875, 1876, and 1877, for which it is in default, and that upon payment of the taxes for each of said years upon that basis, to-wit: the sum of $69.05, with interest thereon at seven per cent. from October 1st, of each year, for each of said years, with costs of executions and levies, the Comptroller General is authorized and hereby directed to enter upon said tax fi. fas. satisfaction in full of the principal, interest, penalties and costs included therein and due thereon. SEC. II. That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved September 26, 1879. CHARTER OF LOUISVILLE BRANCH RAILROAD AMENDED No. 53. An Act entitled an Act to amend an Act to charter the Louisville Branch Railroad Company, approved August 24, 1872; to change the name of said company; to make the town of Wadley the point of junction with the Central Railroad; to reduce the amount of stock to be subscribed before election of Directors; to change the mode of assessing damages for right of way; to ratify and confirm the acts of the corporators and stockholders in electing Directors, and for other purposes. SECTION I. The General Assembly of the State of Georgia do enact, That the name of said company be, and the same is hereby, changed and Wadley to the Louisville and Wadley Railroad Company. Louisville R. R. Co. Louisville SEC. II. Be it further enacted, That section 2 of said Act be Rail'd from amended to read: That said company shall have the power and to Wadley, authority to survey, lay out, construct, equip, use and enjoy a railroad from Louisville, Georgia, to Wadley, on the Central Railroad of this State. May organSEC. III. Be it further enacted, That section 4 of said Act be ize when amended to read, "fifteen thousand," in lieu of "fifty-five thou$ 5,000 h: 8 been sub- sand" dollars. scribed. SEC. IV. Be it further enacted, That section 5 of said Act be, and the same is hereby, repealed, and that the following be substituted in lieu, thereof: That the Board of Directors of said company shall have power to select and take or receive as a donation, Charter of Louisville Branch Railroad Amended. sies in re right-of way, how decided. free-holders such strip or strips of land between the points of beginning and Right-ofterminus of their road, and of such width as they may deem nec. way. essary (not to exceed two hundred feet in width) for the construction of the road; and in all cases in which any disagreement Controvermay arise between individuals or corporations and said company, gard to as to the right of way, or damages to the land on which the same may be located, it shall be lawful for the parties or either of them, tried and to apply to the Sheriff of the county in which the land may be located, who shall summon a jury of five free-holders, who shall enter upon the land sought to be appropriated to the use of said. company and award in writing the amount of damages (if any) to be paid by said company; either party having the right to appeal to the Superior Court of said county under the rules which apply to appeals from Justice Courts, and in all such cases the free-holders, and in case of appeal the juries in the Superior Courts, in addition to the usual oath, shall be sworn, in assessing Oath of damages, to take into consideration the benefit of the road to the and jurors, land and premises through which it may run, as well as the injuries to the same, and upon payment of all damages so assessed the fee simple title in such land as may be necessary for the location of said road, the building of depots, warehouses, stations and other necessary purposes, shall rest in said company: Provided, that no difference or disagreement between said company and any land Construcowner, shall operate by way of injunction or in any other way to not to be rehinder or suspend the progress of the work or the construction of tarded by any hindersaid road, but the same in all cases shall continue without interrup-ing controtion, upon adequate security being given by said company to the right-ofland owner, to pay such damages as shall be finally assessed, as aforesaid. SEC. V. Be it further enacted, That the election on the 28th day of Election of March, 1879, by the stockholders of said company, of J. H. Wil confirmed kins, E. H. W. Hunter, J. C. Little, F. A. Sinquefield, G. H. acts legalHarrell, T. H. Ward and Wm. Donovan, as Directors of said ized. company, be, and is hereby, declared legal and valid; and that all the actings, doings and proceedings of the said Directors, heretofore done and performed in relation to contracting for right-of-way and for constructing said railroad, are hereby ratified and confirmed, and declared valid to all intents and purposes. SEC. VI. Be it further enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Approved August 14, 1879. tion of road versy as to way. directors and their ་ Right-of-way for Cincinnati Southern Railway. RIGHT-OF-WAY FOR CINCINNATI SOUTHERN RAILWAY. No. 234. An Act granting right-of way to the Cincinnati Southern Railway, where its route adjoins that of the Western and Atlantic Railroad. SECTION I. Be it enacted by the General Assembly of the State of Preamble. Georgia, That whereas the city of Cincinnati has nearly completed the Cincinnati Southern Railway, a grand trunk line which will be of great benefit to the State of Georgia, forming a most important feeder and, practically, an extension of the Western and Atlantic Railroad, which is the property of the State, and giving to our commerce the advantage of a direct and admirable connection with the railway system of the North and West; way in cer Trustees of Southern And whereas, said railway reaches the Western and Atlantic Railroad at Boyce's Station, and for the most of the distance to the termini of the two railroads in Chattanooga, their routes run parallel to and adjoining each other, a distance of about five miles; And whereas, it is to the advantage of both railroads to be able to locate their tracks and works close together, thus saving expense to one in construction, and to both in maintaining the road-bed and facilitating railroad operations; and giving to both railroads the advantage of a stronger and firmer road-bed through a route subject to overflow by floods in the Tennessee river; there is Right-of hereby granted to the Trustees of the Cincinnati Southern Railtain limits way, for the use of said railway, the use of that portion of the granted right-of-way of the Western and Atlantic Railroad between Boyce's Cincinnati Station, Tennessee, and the Chattanooga, Tennessee, terminu s Railway. that lies westerly of a line running parallel with, and nine and a half feet westerly from the center of the track of the Western and Atlantic Railroad, so as to admit of laying track, if desired, near enough to the track of the Western and Atlantic Railroad to leave the distance between the centers of tracks fourteen feet, and between the nearest rails of the two railroads nine feet: Provided Grant sub- always, that this grant is subject to the consent and approval of ject to con- the lessees of the Western and Atlantic Railroad as to the term of sees W. & their lease; Provided further, that the grade adopted by the said Cincinnati Southern Railroad along and over the aforegranted rightof-way shall always be the same as that of the Western and Atlantic Railroad. sent of les A. R. R. SEC. II. Be it further enacted, That all Acts and parts of Acts inconsistent with this Act are hereby repealed. Approved October 8, 1879. Relief of Macon and Augusta Railroad Company from Over-taxes. RELIEF OF MACON AND AUGUSTA RAILROAD COMPANY No. 129. An Act for the relief of the Macon and Augusta Railroad Company from all over asssessment of taxes for the years 1874, 1875, 1876 and 1877, and for other purposes. R. Co. WHEREAS, The tax and penalty for default, assessed for each of Preamble. the years 1874, 1875, 1876 and 1877, against the Macon and Augusta Railroad Company, was upon the basis of the amount of capital stock subscribed, to-wit: $2,000,000, and not upon the value of the property actually owned by the Company; and whereas, the Company does not now seek to be relieved from proper taxation under the Act of 1874, upon the value of its entire property in accordance with the requirements of said Act, and the then, and present, Constitution of the State of Georgia; And whereas, in determining the question of a limited exemption claimed for said Company from taxation and recently decided by the Supreme Court in favor of the State, the Governor had to incur the expense of counsel fees, which said fees the same Com-. pany is also willing to assume and pay: for remedy whereof, SECTION I. The General Assembly of Georgia do enact, That said Macon and Macon and Augusta Railroad Company shall within thirty days to from the passage of this Act, pay to the State Treasurer the sum pay the of twenty-five hundred ($2,500.00) dollars for each of said years, 000 with in1874, 1875, 1876 and 1877, making in all ten thousand ($10 000) dollars with interest at seven per cent. on each sum of $2,500.00 from October 1st of the year such sum was due, said several sums being the just and true amounts due for said years, from said Company to the State for taxes under the Act of 1874, upon the value of its entire property, which value is hereby assessed for each of said years at the sum of five hundred thousand ($500,000.00) dollars, and in addition thereto, said Company shall also pay the counsel fees of the attorneys representing the State as above proposed, together with all court costs that may be remaining unpaid, and upon the payment by said Company of the several sums required above, the Comptroller General of this State is hereby authorized and directed to enter upon the tax executions issued by him against said Company for said four years, satisfaction in full of the principal, interest, penalties and costs due by said Company to the State on said executions. SEC. II. Be it enacted, That all laws and parts of laws conflicting with this Act be, and the same are hereby, repealed. Approved September 18, 1879. State $10, terest. |