Newspaper Page Text
VOL.. II.
ATHENS, GEORGIA JANUARY 11, 1834.
«£OR&Il RAIL ROAD*
AN ACT to incorporate the Georgia Rail
Road Company, with powers to construct a
Rail or Turnpike Road from the City of Au
gusta, with branches extending to the towns
of Eatonton, Madison, in Morgan county,
and Athens, to be carried beyond those
places, at the discretion of said company,
tnajomjM>f them, shall be opened in each of
the said jH^ces on the same day, which is
hereby fixcufcq be on the fitst Monday in Feb
ruary next ; ahdjhe different sets of com
missioners shall advertise the time and place
of subscribing in the public Gazette or ga
zettes of the places respectively ; and if no
gazette be published at any of the places,
those commissioners . shall advertise in the
Georgia Journal and Federal Union ; and
such advertisement shall be ' inserted for at
places, at the discretion of said
to punish those who may wilfully injure the
same, to confer all corporate powers neces
sary to effect said object, and to repeal an
act entitled “ An act to authorize the for-
'hc Southern Banner,
IS rwX.iniED IN THE TOWN OF ATHENS, UEOES1A,
EVERT HATCRDAY,
BY ALBOX CHASE!.
[ TERMS.—Three dollurs per "ear, payable in ad.
ico, or Four doilurs if «lelavod to tiio e id of the
ir. Tho latter amount will bo rigidly exacted of
[who fail to meet their pajanents in advance.
No subscription received flfrrcss than ono year, an-
i the money is paid in advance; ana no paper will
discontinued until all .irrcaiugcs are paid, except
lie option of the publisher. A failure oa the part
ju?>i?cril!ors to notify us of their intention of rc-
lishmcnt, accompanied with the amount duo, will
lonftidered as equivalent to anew engagement, and
trs sent accordingly.
LovsxrisCMEN'm will be inserted at lliensia] rates.
•otarn^o t!:o Editors on mailers < or.noctCii
/Alii*-. 4 *nusi be float paid in order to
i the establishing,.-»-
ire attention. , * Ad-
■ Notice of the sale of Land and NegrCt* by
Btrators, Executors, or Guardians, must be pun-
tixty day* previous to the day of sale.
Plio sale of Personal Property, in like manner,
t be publishcd/orly days previous to the day of salo.
lot ico to debtors and creditors of an estate, must be
jshedforty days.
Notice that Application will lie made to tae Court
)rdinary, for Leave to soli Land or Negroes, must
bublishcd four months.
Notice that Application willlHS made for Letters of
Ministration, must lie published thirty days, and
l^lfers of Dismission, six months.
IIV£31R*SITlf OS 1 ’ SKOBUIA.
111E next Collogo Session will commence on the
Kith January, 1834. For admission into the
Biiinan Class, a candidate must have a correct
fledge of Cicero’s Orations. Virgil, John and
i in l lio Greek Testament, Grajca Minora or Ja-
Groek (ia-vlor, English Grammar, and Geog-
ky, and bn well acquainted with Arithmetic.
idicsi ©5* the IFrcsfc&stta&t €!5ass.
It. Tirm, Aug. to Nov.—Livy, Grsca Majora,
rol. con.meucod, and the French Language.
Term, from Jan. to April.—Livy, Gruca Ma-
1st vol. and French continued.
Term, April to Aug—Livy and Grmca Ma-
lst vo). concluded, French continued, and
M’s Algebra, through Ratio and Proportion.
iiiicm ©I* the Sopltoraore Class.
it. Term, Aug. to Nov.—Horace and Green Ma
tt il vol. commenced, Algebra concluded, and
hooks of Geometry, (Playfair's Euclid.)
id Term, Jan. to April.-*—Grtcca Majora, 2d vol
itinued ; Horace and Geometry concluded, and
fli 'son’s U iotoric.
1,7 Trim, April to Aug.—Grx.cn Majora, 2d vol.
cd; Modern Languages, Plain Trigonorae-
Mcnsuralion, Surveying, Botany', and Tytlcr's
► 'O’-
fIio present Junior Class have studied in addition
|l.c above, llio lirst book of Cicero do Oratore, the
Look of Homer’s Iliad, Blair's Lectures, and
stead's Mcclntnic's in part,
n-.oug’i flic classes regularly attend to French
ig the Freshman and Sophomore' years, yet it is
Emade an indispensable requisite for admission in.
of t ie classes. Provision in made for those
(enter without a knowledge of French, to study
i language, lor which there is no addition;.! charge
tuition.
["hose who desire it will have opportunity of
pfyirig Hebrew, Spanish, German, and Italian
jiout any’ additional cbarges.
flio rates of tuition are .^35 per annum, payable
‘yearly iti advance.
sard can bo obtained in respectable families at
§8 to ;$10 per month,
l’y order of the Faculty,
WM. L. MITCHELL, Scc’ry.
uvemlici 1C, 1833—3j—*t)t.
Athens Fem
ACADEMY.
T HIS Institution will bo opened on Bfo FIRST
MONDAY IN JANUARY NEXT, under the
joint direction of the subscribers. A sufficient num.
her of competent assistants will at all times be pro.
vided.
Ilalcs qf Tuition, {payable in advance.)
For Scholais instructed in Selling, Reading, Wri.
ting and Arithmetic, as far as Vulgar Fractions,
(South's system,) $4 00 ]>cr qr.
Same—with English Grammar and
Geography, §7 01) “
Rhetoric, History, Use of Globes, Nat
ural Philosophy, Chemistry. Astro,
nomy, Latin and Greek Languages,
and the Mathematics, §8 03 “
Instruction will be givcu in the French Language.
The Musis Room, as heretofore, will be occupied
by MRS. WALTHALL, whose knowledge* of the
KCtenco, and experience in teaching, need no com-
* Drawing end Wl111)0 taught in tho Aca-
demy. • .
The School will be provie?d with Apparatus for
illustration in the different sciences.
There will be monthly examinations without any
previous preparation.
Scholastic Year—Ten Months. ~
OTP Boarders will bo received in tho family of the
Senior Principal, residing on tho promises.
S!; 5. TwIt! r ' S Associate /w **-
‘Nov. 9 31 tf.
Rail Road or Turnpike from the city of Au
gusta .to Eatonton, and thence westward to
the Chattahoochee River, with branches
thereto, and to punish those who may in
jure the same,” passed the 27th of Decem
ber 1831.
IS. as. LORD & CO. •
AVE rt cently opened, and are now offering for
sale, at the store lately occupied by B. B. Lord,
an extensive and valuable stock of
Watches* Jewelry* &c.
Which they have selected with great care in the
Now-York Market. Their list of Goods will show
an establishment superior in size, quality and elegance,
to any thing of thu kind that can be found in the up.
country of Georgia. Among their, most prominent
articles may lie enumerated the following:
Gold Chronometer
least three weeks prior to the day fixed (or
. 4 . opening the books, Provided, That if any
mafcHi ot a Company for constructing a of the commissioners at tho time of opening
the books, shall be sick, or unable to attend,
the other three-commissioners or a majority,
ot them, may choose a proper and discreet
person to supply his place ; and. if any of the
commissioners before named, shall after the
passing of this act, renounce or decline ac
ting, the Governor, upon being apprised there
of, is hereby requested to nominate and ap.
point fit and proper person or persons, to sup-
Liitiiial Liftfcoi* School*
A TJA ii .4 i7IfdNS’.
HIE Hi reel ore of the Manual Labor If chord
happy in bedng enabled to announce, that the
|>cliolantie year of the Institution has come to a
B, quite os prosperously as could have boon rex
kbly anticipated.
Examination of the students has been such
i convince all who attended, that the lime do.
I to lx >or, so far from impeding thoir progress
erary knowledge, rather accelerates it: and tho
3j, tho uppercut cheerfulness, and vivaci y of tho
belonging to the Institution, bear ar.qde tcs.
ay to its beneficial die els on their corporeal sys-
Gold and Silver Le
ver, de.
Gold and Silver L'Epine
Vertical, do.
Ladies’ and Gentlemen’s Gold neck, watch and guard
Chains of various descriptions.
Ladies’ and Gentlemen’s Gold Seals and Keys.
Cameo, Coral, Agate, )
Emerald, Ruby, Enamelled { UjFCIiSl IPlItS}
Paintings, Topaz, Garnet, j p ql .&pin SI , P
Cornelian, Jot, Aqua-Mari- S E,ai * 1
na, TorquoU, Pearl, Paste > ELfiI^i€iS>.
and Diamond, $
l Gold and Plated Medallions and Miniature Lcckots.
-.47-50—
A few Clocks and Mantel Time-Pieces.
Ladles’ Fancy and Work Boxes.
Gentlemen’s Dressing Cases.
Portable Writing Desks.
Astral Lamps.
Single and Branch plated Candlesticks, Snuffers and
Trays.
Plated Fruit Baskets and Castors.
Brittania Cotfee and Tea Setts.
Pocket-Books and Wallets.
Silk, Leather and Bead Purses.
Ivory Tablets.
Back Gammon Boards and Chess Mon.
M ithomalieal Instruments.
Ladies Belt Buckles and Slides.
Gold, Silver,
Steel, and
Plated
jte productions of the Farm have been as groat as
hnvo been reasonably expected from th 3 nature
soil, and the dryness of the season during tne
liner months. It is thought that a sufficiency of
h,"fodder and oats, have been made to supply the
Its of tiio establishment for tho next year. Prep-
pons are making to, accommodate not less than
fty.two students, exclusive of Beneficiaries of tho
P. E. Socioty during the next year,
flic Directors would urgo the Churches of our
i denomination, to search out poor and pious '
Gold and Silver Ever Pointed Pencil Cases.
Brass Andirons, Shovais and Tojigs.
Silver Table, Tea, Dessert and Mustard Spoons.
Silver anu Pcatl Salt Spoons.
Silver Sugar Tongs and Soup Ladles.
Silver and Plated Butter Ivnivns.
A few Transfer Boxes and Prints.
Cutlery.
Rodgers’ Pen and Pocket Knives.
Razors of various kinds and qualities.
Ivory handled Table Knives and Forks, In sells of
51 pieces.
Musical Instruments*
Concert Horns and Trumpets.
g men, who are desirous of preparing for the j ® U S* 0S ’.
Gospel Ministry, and to send them to us with ! Violins ol vaT ‘°“f qualities,
confidence that they Will bo received and cduea- • Clarionets and I lageolets.
without any expense, except the labor which I ? atcnt bilvor Keyed cocoa-woud Flutes, lined,
w ill nerforiii. 'I’n nil others wlinnre of (rood mor. Common and Oc-UVC Tlu.CS.
Musical Boxes.
Children’s Rattles and Whistles.
i will perform. To all others wlioarc of good mor-
baractor, and of suitahle age, the expense, in ad-
Bii to their labor, will bo—
for tuition, board, washing, lodging and fire $C5;
i paid semi-annually, in advance. No student
[be permitted to recite until he has complied with
[regulation.
|onc will be received for a shorter term than one
All room furniture, must be furnished by the
ent who occupies it.
he School will be continued under the instruction
i pro ;ent Rector, Mr. B. B. Hopkins, whose ago
Llong experience in teaching, render biro well
lifiod for the management of an Institution, the
jernment ol which is intended to be parental
\ ith him, will be associated, to manage the Farm,
I. Wylie Garret; 8 man of undoubted piety and
bbcnce, an experienced and skilful farmer, and a
mechanic
Applications for admittance will be received until
1st of January next, and the session v ill com.
aco on the 2d Monday of tho same montli.
The Directors have incurred considerable expense
purchasing r. form, and putting up buildings for
i accommodation of the students. They have a
_ i debt to dischorgo, and would anxiously wish to
kc preparations for tho accommodation of many
Bre students. They believe they havo embarked in
i enterprise which deserves and meets the approba.
an of tho friends of religion and learning.. They
poctfully and confidently solicit the contributions
all such, but especially of tho denomination to
ich the society belongs, to aid thorn in preparing
mg men to preach the Gospel, and in diffusing
ful learning, by bringing it within tho roach of
poorer classes of society.
W M. DEARING, Chairman.
JOHN NISBET, Stc'ry.
Nov. S3,1633.
—A COOD ASSOBXMEXT OF
Walking Canos.—Also—Rifle and Smooth-Bore
Gun Canes, (a new article.) Double barrelled Guns,
l'istols, &,c. &c.
Athens, Docv 21—40tf.
C. W. CAbblER,
I NFORMS the public that lie lias opened a House
of Entortainmcnt in Athens, tho possessions late-
ly owned by Doctor Tinsley. The proprietor will
endeavor to. keep such a House, as to insure liberal
patronage. The great and usual promises of good
Tables, Bare, and Ostlers, is so common that it is
useless to mention them. It will at all times be the
endeavor of the proprietor to render his cuetomera
good accommodations ; such as will prove satisfac
tory to them and gratifying to the proprietor. The
house is now prepared fur the reception of Travellers
and Boarders. •
Nov. 23—36—fit.
Co-Partnership*
T HE Subscribers would respectfully inform the
public^ that they have associated together in the
Watch-Making and Jewelry Business, under, name
and firm of B. B. LORD & CO. They will occupy
tho stand in which B.^B. Lord has heretofore done
business individnally, whore they will be happy to
execute all orders entrusted to them. * -
E. LORD,
B. B. LORD,
W. P. SAGE
Athens, Nov. 2,1833—40—4t.
See. 1. Be it enacted, «j*e. That the com
pany provided tof .*o this act, and hereinafter
more especially incorporated Slid authorized,
siiall and may direct and confine their first I ply jhe vacancy of him or them so declin-
c (Torts and enterprise to the formation and ing to act. Upon ihe books being opened as
completion of a rail road communication be-1 aforesaid, the commissioners or a majority of
tween the city of Augusta and some point in them shall receive from individuals, corpora-
the iuterior of the State, to be agreed upon I tions or companies, subscriptions for so ma-
by the stockholders, which road shall be ny shares as they m ay see fit to subscribe for
called the Union Rail Road : and the same not cxceoding one hundred,,until three days
being completed, the company shall have shall havo expired, and after that, for any
power to construct three Branch Rail Roads, number of the remaining shares they may
beginning at the point agreed upon as the ter- think proper, on the condition that at the
ruination of the Union Road, or such point lime of subscribing, there shall be paid down
for the middle road as the stockholders may I to the commissioners or a majority of them,
select : one running to Athens—one to Ea-1 five dollars on cacli share subscribed; for
tonton—and the third to Madison, in Morgan which they shall give a receipt, and directly
county ; which branches shall be erected si- deposit the money in the Central Bank of
tnuitaneouslv ; Provided the amount of stock Georgia, or any other incorported bank, snb.
subscribed will warrant the completion of all at I ject to the draft or order of said company by
the same time ; and if the stock subscribed I its president or board of directors, after the
w ill not warrant the completion of all of said 1 company shall be organized,
branches at one and the same time, then that ] Sec. 5. The books shall be kept open for
branch shall bo first completed which the ten days at each place, between the hours of
stockholders may by vote designate. The nine in the morning and throe in tho aftcr-
Company shall have the further power to con- noon ; and being closed on the last day, cacli
tinue the Athens branch towards any point I set of commissioners shall transmit to the
w hich may be agreed upon, on the Tonnes- commissioners in Athens, a list of the sub-
see river. All of which shall be done at scribers, designating on such list as in the sub-
such time and in such manner os the stock- scription books, the days on which the persons
holders, may direct. respectively subscribed with the numbep of
See. 2. The company shall have the cx- shares, and sums paid, set opposite to each
elusive privilege of constructing rail roads name, with a certificate at the bottom of the
from any point in this State within twenty list, to be signed by each commissioner, that
rndes of the road herein designated as the Un- the money is deposited in Bank conforma
ion Road and its branches, leading to Eaton-.I bly to this act; and thereupon the commis-
tun, Athens and Madison, continuously to the I sioaers in Athens shall } from all the lists of
city of Augusta, for and during the term of I subscribers, make out one general list, speci-
tliirty.six years. I lying the days respectively on which each sub-
Sec. 3. The stock of the company author. I scribed, so that on summing ftp the whole, it
wed and incorporated by this act, shall con- may appear whether the stock is filled up, or
sist of fifteen thousand shares, of one hundred falls short of the aforesaid capital. If the
dollars each share, and the said company to number of shares subscribed, and five dollars
be formed on that capital; but the said com-1 each paid thereon, shall fall short of the fif-
any shall be at liberty to enlarge their capi- teen thousand shares, but amount to five
til, as in the progress of their undertaking, thousand shares, the sr.i-J company may be
they may find necessary ; and that, either by I formed thcreou; and for the, residue of the
additional assessments on the original shares, original number of shares, the said corporation
ot to exceed in the whole the sum of twenty I when organized, may cause bocks to be open-
oll.irs in addition to each original share, or I cd by the directors, under sixty days notice
>y opening books for enlarging their capital of tiie time and place of subscription, and re-
by new subscriptions in shares of not more ceive such additional subscriptions as can be
ban one hundred dollars, so as to make their obtained, on the same terms as aforesaid, of
pital adequate to the works they may un-1 five dollars being paid on each share at the
dertake, and also to prescribe the terms and time of subscription; and may keep the books
conditions ol the new subscriptions. And it open until the whole number of fifteen thou-
hall bo lawful for the company, from time to sand shares shall be subscribed,
time, to invest so much, or such parts of their Sec. 6. For the organization of tho corn-
capital or of their profits, as may not be re- pally, the commissioners at Athens shall np-
quired for immediate use, and until it may be I point a convenient time and place for the
so required, in public stock of the United S. 1 meeting of the stockholders, which they shall
or of this State, or of any incorporated bank, I cause to be advertised in one or more of the
or. lend out the same at interest on good sc-1 gazettes aforesaid for throe weeks in succcs-
eurity, and draw and apply the dividends, I sion previously to (ho day ; at which time
and when, and as they shall see' fit, sell and 1 and place the subscribers may attend in per-
trausfer any parts or portions thereof; Pro* I son, or be represented and vote by proxy;
raided, That nothing herein contained shall I and no one but* a stockholder shall be capa-
be so construed as to authorize said company I ble of being a proxy, and the appointment
to issuebills of credit, or to loan out any mon-1 shall be in writing signed by the appointing
ics at a greater rate of interest than eight per member, and duly authenticated by the oath
cent. I of a subscribing, witness endorsed thereon, or
See. 4. Books for subscription to the stock I annexed thereto by a lawful magistrate; and
of the company hereby authorized, shall be the meeting being assembled, the proxies ex
opened in Athens and Eatonton for two thou- amined and admitted, and a proper registry
sand five hundred shares in each place to I made of all subscribing members, by person or
wit : I by proxy, who may be prescat, the Athens
In Athens by William Williams, James commissioners, or a majority of them attend
Camak, Stephens Thomas and William Dear-1 mg', shall present a balloting box, in which the
ing. 1 subscribers may vote for officers by ballot;
In Eatonton, by Josiah Flournoy, Henry I and the presidin'* commissoners shall count
Branham, C. P. Gordon-and Irby Hudson. ' 1 the ballots, enter the same, and declare the
In Madison, for two thousand shares, by result of tho election, of which they shall
L. Johnson, E. A. Nisbet, A. G. Saftbld and 1 make and deliver proper c rtificute or certifi
. J. B. Walker. cates under their hands. The officers to be
In Greenesborough, for fifteen hundred elected shall consist of a President and 12
shares, by N. Lewis, Thomas Stocks, Thom-1 Directors, fot tho first year, and thereafter
as Cunningham and W. C. Dawson. such number of directors as may be establish
In Sparta, for one thousand shares, bv 1 ed by the bye-laws, to servo for ono year, and
Wiliian Terrell, Joel Crawford, W. II. Sayre I until a new election be made,
and Charles E. Haynes. . I See. 7. In the said election for President
In Warrenton, for five hundred shares, by and Directors the votes shall be taken by the
Thomas Gibson, Henry. H. Lockhart, Gray following rule. Each subscriber shall be en
A. Chandler and Solomon Locket. - l titled to a number of votes equal to the num
In Crawfordville, for five hundred shares, I ber of shares he may hold in. tho stock of
by Absalom Janes, John Mercer, Henry B. I said company. And on all future elections of
Thompson and Archibald Gresham. ' President and Directors, in the making, alter.
In Augusta, for fifteen hundred shares, by I ing or repealing of bye-laws, in determining
Thomas Cumming, Wm. H. Turpin, Wni. on measures involving the general interests
C. Micou, and John W. Wilde. * I of the company, at any stated or occasional
• In Washington, for one thousand snares, I ebrporate meeting, the votes' shall bo goverh-
bv D. P. Hilihousc, Samuel Barnett, Jos. W. I cd by the above stated rule.
Robinson, and L. S. Brown. * J Sec. 8. The election of President and Di-
In Lexington, for ono thousand shares, by rectors shall be made annually, according to
John Moore, John Bonks, Joseph H. Lump, a' bye-law.to be made for that purpose; and
kin and Edward Cox ; and, I in case any vacancy oCfcur in tho board be-
la Appling, for ono thousand shares, by j tween two periods of general election, the
Thomas N. Hamilton, Archer Avcrv, Watt I board of directors, or a majority of them, at
L. Collins, and Wensley Hobby.- I any slated and regular meeting of the board,
And the books by said commissioners or a J may elect by ballot, from among the stock
holders, a person to fill the vacancy so occur
red until tlie next general election of direc
tors. But if it should so happen that the day
of annual election of President and Directors,
shall pass without an election being effected,
or any of them, the corporation shall not there
by be dissolved or deemed to be discontinued;
but it may be lawful on any other day, to hold
and make such election, in such manner as
may be prescribed by the bye-laws of the
corporation, subject always to the rule pre
scribed in the seventh section of this act. '
Sec. 9. The aforesaid company, to be
organized as aforesaid, shall be called, « The
Georgia Rail Road Company,” and shall have
perpetual succession of members, may make
and have a common seal, and break or alter
it at pleasure ; and by their corporate name
aforesaid, may sue and be. sued, answer and
be answered unto, in all courts of law and
equity, or judicial tribunals of this State; and
shall at all times be capable of making and
establishing, altering and revoking all such
regulations, rules and bye-laws for the gov
ernment of the company and its direction, as
they may find necessary and proper for the ef
fecting of the ends and purposes intended by
the association and contemplated in this act:
Provided such rules and regulations, and bye
laws shall not bo repugnant to the laws and
constitution of this State.
Sec. 10. The said Georgia Rail Road
Company shall have power and capacity to
purchase, and have and hold, in fee simple,
or for yer,r3, to them and their successors,
any lands, tenements dr hereditaments that
they may find necessary for the site, on, and
along which, to locate, run, and establish the
aforesaid rail road and rail roads, or any
branches thereof; or to vary or alter the plan
or plans, and of such breadth and dimensions
through the whole course of the road and
roads as they may see fit; and also in like
manner, to purchase any lands contiguous,
or in the vicinity of the rail road and rail roads,
hereby authorized, that' they may find neces
sary for the procuring, and from time to time,
readily obtaining all necessary or proper ma-
tcrials, of what kind soever, for the construct
ing, repairing, and adequately guarding and
sustaining the sai l rail road or rail roads, and
in like manney, to purchase all rights of way
oa land, and all necessary privileges in waters
or water courses that may lie on or across
the route, which the said rail road or rail roads
may pass; and also all lands contiguous there
to, that may be found necessary for the erect
ing of toll houses, store houses, workshops,
burns, stables, resiliences and accomodations
for servants or agents or mechanics, and
for the stationing and sustaining all animals
oflabor. And the said company shall havo
power, if need bo, to ^conduct the rail road
across any public road, and by suitable bridg
es, over and across all or any rivers, creeks,
waters or water-courses, that may be in the
route ; or if they should deem it more conve
nient and suitable, may pass carriages, using
the road by convenient boats, across the same;
Provided, That the said company shall so con
struct thoir rail road across all public roads,
as not to obstruct or injure the same.
Sec. 11. la all or any'case,. where land or
private rights of way may be required by the
said company, for the purposes aforesaid, and
the same cannot, for want of the agreement
f the parlies, as to price, or for any other
NO. 42*
ploy any sections of their intended rail road,
subject to the rates before-mentioned, before
the whole shall be completed; and in any
part thereof, which may afford accomodation
for the conveyance of persons, merchandise
or produce. And the said company shall
nave power to take, at the store houses they
may establish on or annexed to their rail road,
a goods, wares, merchandise and produce •
intended for transportation or conveyance ;
prescribe the rules of priority; and charge
such just and reasonable terms and compen
sation for storage and labour, as they may
by rules establish, (which they shall cause to
he published,) or as may be fixed by agree-
meat with the owners; which' compensation
shall and may be distinct from tho aforesaid
rates of transportation.
Sec. 13. If any person or persons shall in
trude upon tlie said rail road or rail roads, or
any part thereof, by any manner of use there-
of, or of the rights or privileges connected
therewith, without permission, or contrary to .
tho will of the said company, he or they shall
forthwith forfeit to the company all the vehi-
cles and auimals, that may be so intrusively
introduced and used thereon, and the samo
may be seized by the company or its agents,
or recovered by suit at law; And moreover,
tho person or persons so intruding shall, and
may be indicted as for a misdemeanor, and
upon conviction, fined or imprisoned or both
at the discretion of the court of tho county.
And if any person shall wilfully and malicious.
Jy destroy or in any manner hurt, damage,
injure or obstruct, or shall wilfully and -ma
liciously cau.se, or aid and assist, or counsel,
or advise, any other person, or persons to de
stroy, or in any manner to hurt, damage or
injure, or obstruct the said rail road or any
branch thereof, or any bridge connected there
with or any vehicle, edifice, right or privilege
granted by this act and constructed for use,
under the authority thereof, such person so of
fending, shall be liable to be indicted, and, on
conviction thereof, shall be imprisoned at hard
labour in the Penitentiary at the discretion of'
the court, not less than four years, and shall
be further liable to pay all the expenses of
repairing the same. The one half of all the
fines-th.it may be imposed by the court, un
der this act,shall be paid to the informer, and
the other half to the said company.
Sec. 14. Whenever the compauy aforesaid
shall see fit to farm out as aforesaid, to any
person or persons, or body corporate, any
part of their exclusive right of- conveyance
and transportation, or shall dcem it expedient
to open the said rail road or any part thereof,
to public use, they shall and may adopt and
enforce all necessary rules and regulations,
and have power to prescribe the construction
and size or burthen of all carriages and vehi
cles, and the materials of which such shall bo
made, that shall be permitted to be used or
pass on the said rail road, and the locomotive
power that shall be used with them.
Sec. 15. The exclusive right to make, keep
up, and use the rail roads and transportations
authorized by this act shall be for and during
the term of thirty-six years, to be computed
from the time when the said road from Augus
ta to either of the points herein before desig
nated, shall be completed for transportation s
Provided, That the subscription of stock or
shares of said company to tho amount of at
least five thousand shares as aforesaid- be
cause, be purchased, from the owner or own
er3, the same may be taken at a valuation, to
be made by commissioners, or a majority of
them, to be appoiuted by the inferior court of
the county where any part of the land or right
pf wav may be situated. And the said com
missioners, before they-act, shall severally
take an oath before some justice of tho Peace
faithfully and impartially to discharge the du
ties assigned them. In making said valua
tion, the commisioncrs shall take into consid
eration the loss or.damage which may occur
to the owner or owners, in consequence of
the land being taken, or the right of way ob
structed. The proceedings of tho said com-
missioners, accompanied with a full descrip
tion and plat of the said land, shall be retur
ned under the hands and seals of a majority
of the commissioners, to the Court from which
the commission issued, there to remain of re
cord. And the lands or right of way, so val
ucd by tho commissioners, shall vest in the
said company, in fee simple, so soon as the
valuation thereof may be paid, or when refus
ed, may be tendered.
• Sec.” 12. The said Georgia Rail Road
Company shall, at all times have the exclusive
right of transportation or conveyance of per
sons, merchandize, and produce, over the rail
road and rail roads to be by them consructed.
while they sec fit to exercise tho exclusive
right; Provided, That the charge of transpor
tation or conveyance, shall not exceed fifty
cents per hundred pounds, on heavy articles,
and ten cents per cubit foot, on articles o
measurement, for*oycry one hundred miles
and five cents per mile for every passenger
Provided always, That the said company may
when they see fit, rent or farm out all or any
part of their said exclusive right of transpor
tation ot convo3’ancc of persons, on tho rail
ro id or rail roads, with the privileges to tiny
individual or individuals, or other company,
and for such term as may be agreed upon
subject to the rates above mentioned. And
the said company, in the exercise of their right
of carriage or transportation of persons or
property, or the persons so taking from the
company, the.right of transportation or con
veyance, shall, so for as they act on the same,
be regarded a3 common carriers. And it s .all
be lawful for the said company, to use or ^re
filled up within six months from the passing
of this act, and the work from, or between
Augusta and cither of tho places hereinbefore.
first mentioned, be commenced within two
years and be completed within six years after '
the five thousand shares shali be subscribed.
And after said term of thirty six years shaft,
have elapsed, though the Legislature may au
thorize tho construction of other rail roads,-
for the trade and intercourse contemplated
herein: Nevertheless, The Georgia Rail Road
Company shall remain and be incorporate,
and vested with all tho estate, powers and
privileges as to their own works herein grant
ed and secured, except the exclusive right to
make, keep up, and use rail roads over and
through sucli parts of the country, that shall
so have expired by the foregoing limitation;
but the Legislature may renew and extend -
that exclusive right, upon such terms os may
be prescribed by law, and be accepted by the
said incorporated company: The stock of
the said company and its branches shall be
exempt from taxation for and during the terra
of 3even years from and after the completion
of the said rail road3 or any one of them;
and after that, shall be subject to a tax uot
exceeding one half per cent, per annum on the
net proceeds of their investments.
Sec. 10. After the President and Diretr-'
tors shall be elected as aforesaid, it shall al
ways be in the power of the said President
and Directors, at a meeting of the Board, a
majority being present, to nominate and ap
point a Secretary, a Treasurer, and all other
officers, agents and servants, that they may
deem necessary, or as may be prescribed ia
the bye-laws of said company, removable at
the pleasure of the board of Directors; and
also require and take from all officers, agents,
and servants, sucli.bond or bonds and sscuri-
ty as the board or bye-laws may prescribe,
for securing the fidelity, obedience, account-
ability and correct conduct of the officers,
ageiite or servants so appointed, and theii*
.punctually surrendering up all monies and
property on their being removed or displa
ced, or- the term of their appointment expiring.
Sec. 17. The President and Directors, by
an order signed by the President, shall have
power to draw from tho Central Bank of
Georgia, or other banks of deposite, all such