Standard of union. (Milledgeville, Ga.) 183?-18??, December 08, 1836, Image 2

Standard of union., December 08, 1836, Image 2

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Newspaper Page Text'\»utc, with ample fumU and every inducement to net ion « •uh . * can be ottered to the interest, welfare and State pride ol her < iti z.cns, silently looks onand sees a commerce diverted l.om her. lor wlrch nature appears to have adapted hci soi , po>ni»»o «un i The memorial of the Committee of the Alarm Convention, and the resolnii m- of that Convention, shews tiie sot prizing nmi ttimi'v which prev nled among a large number ol our most eu li'>!itei'ed iVilow-ci ir.etts from d-ill’ereut partsol dtis Slate, and the acts n.ul reasoning ofthat memorial are of a character, w hich must carry conviction to the mind of every r. Heeling man ol the im pcriotts cttllsw hidi arc now made on us for action. The schemeol Internal Improvements indicated in the resolutions ol that Con vention, ai d more fully developed in the memorial, is one vvhicli i» recommend'd to the favor of this Ceneral Assembly, every tir ciimstance ol mt oveiliowii’gTietistin— tl v pr< mi-vofu genera! diffusion of its benefit to a large portion of the S'ate, mid the l certainty of an investment, which cannot but be safe and yield al large profit. This committee adopts the report mid memorial ol that convention as a part ol th** Report ol tins t ommittee, and ns the action, opinions ami recommendations nl an enlightened assemblage of our fellow-citizens, coin trnm various partsol the State to deliberate ol this most subject ; and this committee does not licsitatv to atmSrwe views advanced in them, in recommending as a basis for a general system of rail rued improvements. The construction, by the State out of the State Treasury, of a rail road from the Tennessee line, near the Tennessee river, to a point on the Soultern bank of the Chatta hom ltie, which will admit of branches from that point to the several cities named in the report am! memorial, ami this com mittee approves ns highly <>t the futther recommendation to in corporate companies to construct these branches, so soon ns pri vate enterprise shall imlttee the undertaking; and to encourage siteli private enterprize. if need be, the Stattynight embark as a stockholder in those companies to such amount as w ould not ex ceed one-third the whole cost. This Committee have also seen, with pleasure, the Report nl the Joint Standing Committee of the General lAssembly on Fi nance, recommending the appropriation of the large fund to bi derived to this State from the surplus revenue of (he United Stales, to the construction of one or more rail roads; and this Commit tee, under the belief that, that report will meet with general ac cept tt'e and be adopted, proceeds to give its views of the man ner in which the action of the State should be. Two modes suggest themselves ; the one, that the construction of the road should be by the Stu e alone ; the other, that they should b» buik bv the State in conjunction with individual enterprize. This (.'ommittee is of opinion, that the main trim!,, from tlx Tennessee to the Chattahoochie, shottl I he'bttiit by the Stat alone, and that, if necessary, for the encouragement of imlivi dual enterprise to build the branches, the State should lend it aid to do so. The Committee are aware that a prejudice to both these courses exist ; one objection to the action by the State in ant such en’.rprizt alone, is, that the public cannot be ensured tha devotion of time and attention from an agent which private en terprize could command. This objection may be obviated by n judicious course of appointments, by giving such salaries it: w’il induce men of character, integrity and ability to under take the agency, nm-l to devote their exclusive time am! attentioi to the interest of the State, and by giving them such tenure o office as will render frequent changes not probable, w hilst they faithfully perform their duty ; and by the course recommended the private companies constructing the branches will haven dee; interest in the fidelity of the agents who shall be employed in tin building the main stem, as the value of the branches mus depend on the manner in which the State work is done, and c<m seqnentlv, : n addition to the responsibility under which tltt agents will he to the public ; they will have eve, fixed on tliyti the watchful eye of those interested in the branch companies ready and disposed to expose them, if necessary ; besides, bv t comparison, always easy to tie unde between the work and expenditure* o« the main stem, with those on the branch roads there can never occur any serious impositions by tlie public agents which will not at once be detected and exposed. , This Committee believes, that the employment of one compe ' tent Superinten-lant to conduct the work will he preferable t< that division of responsibility* which mtt-t be incidental to ; board of commissioners, andunth a proper regulation Cor hi due accountability, and wiIF.I the checks which the emrineer’.- estimates, and the expen litures).on the branch roads, will |,e 01 him, little apprehension need be entertained of a want of fidelity which will not soon be exposed, ami a .nit i f’easy remedy. Witl these views, this Committee beg leave to report a bill to autho rize the immediate survey of the contemplated route, ami tilt construction thereafter, of such a road as will open to Georgi; those a Ivantages which are lints offered—place her on a prom eminence among her sisters, and dispense to her citizens tlx blessings wlti ii, under Providence, a wise system of le'dilutim in tires. A liiElLlL Tobe entitled an act, to alt. r and a.nun ' an act entitled “ An Ad to incorporate the Chattahoochie Rail Road Comminu " the 21 st day of December, 1835, und to girc fu £ i(i Company Hanking powers and privileges. ls ’; / ie ' 1 l " (f Hcd <>>J the Senate and House of Rome rentatires of the State oj Georgia, in General Assembly met and it sihen.oy enuebd by the authoiity of the same, That for the mn pose of * constructingor opening a Rail Road communication from Columbus up and along the course of the river Chattahoochie as near as conveniently may he to West Point, and from thence up ami along the course of said river as nearly as may conve niently beu<» where the said road shall intersect the main rail road expected tn be constructed by the State of Georgia, fi«>n. he Tennessee hue, at or near Rossville, to said river Chatta lioochte, the corporation of the town of Columbus, and such other corporation ami individuals as that corporation shall asso ciate with it, or such persons who may hereafter become subscri- I 7 "iidertlte provisions of this act, and their assigns shall heteaftrr be a body corporate, by the name and sty le of the miiattahoochte Rai! Road ami Banking Company of Geot-in ” and >y the <md corporate nanie shall be, anti are hereby made c ipableand able tn law to h tve, purchase, receive, posse- enjoy ami remm, to them and their successors, lands, rets, tenement; hereditaments, goods, chattelsaml effects, of w hatsoever kind nature or quality the same may be, and the same to sell, grant’ demise alien or dispose of, to sue ami be sued, plead and he im pleaded, answer and be answered unto, defend mid be defended tn courts of record, anti al-o to make anti have a common seal, anti the same to brink, alter or renew nt their pleasure ; ami, mso, by and through their Imard of directors, to ordain, establish am put tnexecutio,!, such bye-laws, rules and regulations as shall be necessary ami convenient for the governing of the said corporation as to them may or shall appertain: Provided, That such ove-laws,-rules and regulations shall not he contrary to the laws and constitution ol this State, or of the United States, nor to the ru es, regulations, restrictions and limitations herein pro vided: / rortded, 1 bat said incorporation shall not purchase and h,,!<l " ,ori ' rr' 1 be necessary ami proper for the purpose ol at mg, building ami sustaining said railroad, and such as shall have been bona Jide mortgaged mit as..seeuril v, or conveyed to it'm satisfaction of debts previously contracted in V!' ils ,!, ‘ il!i "k r S orpin-chased at sales, upon judgments * bu n sli i II h-ive been obtained for such debts. Si?:. 2<|. And. be it further enacted, That the stock of the company shall consist <,f three million of dollars, in shares of <>m Im.i licd dollars each, am] that the said company be firmed on Liat capital, w hereof one fourth part shall he reserved for t " ■ Ute ol Georgia, w hich may be subscribed for by the Gov ernor, under the direction of the Legislature at any time within m months from the pa-age of this act; of the whole capital, one a miy te used lor banking purposes, and not more, except as is u i, mnftcr provided by ihc fifth and seventh sections ofthis •c , )- mi the completion of the work, when any capital stock «;'/ 'T'r?' * I,P ’’'’‘b addition for banking purposes: Pro , ' IJ * wenty fit <■ per ccnln ii ofeach instalment, to be used for banking purpose., be paid in specie. - EC. 3. And. be it further enacted, That books of snh k "<■ company shall be opened at sm h Ixi* -'.'"t 'a ' ii * '' i *l’P <, i"h'd by the corporation ofColuin rlv*’ * K /i* * 1 u . , ' ,ni °l H ‘ n <*a<’h phire lor the spnrc of two ' Colnmlm '' \ 1 "' l V <la .'s’notice in the three public gazettes ofj ••• And, on the opening cf said books, the commis-’ sinners to be appointed for that purpose, bv said corporation ol 1 Columbus, shall require and receive the sum of twentv-live dol- ; lars lor each share to be s'lbscrilied. Am! on y losing of the 1 hooks of subscription, the < ommi.sioners, ter places other than ('olumbiis, shall forthwith transmit the hooks of .idi.cription tutd the money by them respcetivelv received, t<> Hie commissioners at Columbus, who shall con-olidale all the >itbs< ripti<ms ; mid if’, !on consolidation, a greater numb-t- ofshares thin twenty-two thousand seven liiindr< d ami fifty shall have been sub crib ed for, it shall be the duty ol the said < oinmissioners to scale down from the subscribers having the greatest number of shares until the timnber left shall be precisely twenty-two thousand se ven hundred anti filtv. Ami should the one tom all of said stock reserved, not be taken !>v the Slate within the time stipulated, - the same may be disposed mat any time thereafter, in such man • tier as a majority ol lite directors lor the time being may order and ■ direct. ' Stic. 4. And be it further enacted, That for the well ordering the I , affairs of the said corporation, there sliali be seven directors, to ' be c hosen bv the stockholders or proprietors of the capital stock , ! of said company, at a time and place to be designated by the com-1 miss’miers nt Columbus, after , icy shall have received twenty-I 1 five per centum on the amount subscribed, and after thirty days’ i i notice of such election shall have been given in the gazettes of , Columbus, when a majority of' all the votes given in shall ■ ’ necessary to make a choice; and those who shall be chosen shall be capable of serving as directors until the first Monday I of January next, ensuing the time of such election; when ami i on which day, in every ensuing year thereafter, a like election Ibr directors shall be had ami held. And the said directors, at their first meeting alter snclt election, shall choose, by a vote ! of at leasj—i nnijoi-ity of the board of directors, one of their ntitn- ■ her as President, tint! in case of’his death, resignation or perma i ttent removal from the State, or'roni the board of directors, the • | said directors shall proceed in like manner to fill the vacancy by ; J a new election for 'be remainder of the term for w hich he shall I f have been so elected ; and if from any cause it should so happen - that tin election of directors should not be made on the dav ■ w hen, pursuant to this act, it ought to have been made, the same , i may be lawfully made on any other day, to be provided for by - the by-laws of said corporation ; and in case of the death or re . I signation of a director, or vacancy in the board from anv other . | cause, such vacancy shall and may be filled up bv a'h election to ? be had at the first meeting of the hoard after the" occurrence of . such vacancy by the rernai iug directors. And if from anv cause - or casualty, the board of directors shall be reduced to a number less than tour, it shall and may be lawtal tor the reinaming di- • rectors to order an election to be had after thirty (lavs’ notice by the stockholders, to supply such vacancy, ami make up a - f'dl board for the remain ler of the term." Ami in case the < ! State shall subscribe for the stock s-> as aforesaid reserved, then i there shall be an additional number of four directors, who shall ■ |be annually appointed in such manner as the Legislature shall , ord-r and direct. t Sec .5. And be tlJttrther enurlcd. That the directors who -shall, in manner aforesai I, be first elected, shall, so soon as the , boat d shall nave been organized, receive from the said commis s sinners the money received by them from the stockholders, as - aforesaid, am! shall imme iiaiely thereafter, prepare, and in good i laith, proceed to lav, build, and erecta tail road communication f from the citv of Columbus up, and along the course of the river , Chattahoo hie as near as conveniently may be to West Point, , <ind It (tut them cup and along the course of said river, or as near > as may be convenient, until it shall intersect the main rail road [• I contemplated to be erected by the State, from the Tennessee line t it or iiear Rossville, to said river Chattahoochie; ami should - said main rail road not be erected, then the said company shall have the right to terminat their said railroad at such point on ’ oi' near said river as th -y may deem best, not south of West I , ’ Point; and for t.iis pnrp >se, the said directors shall appropriate I » and apply of the money so received oil subscription, al least the j I . stun of two hti dred thousand dollar?, and shall commence bauk , > * n o operation-, mid may apply and appropriate to that purpose ' i the remainder of the mom v so received on subscription, ami i j also such money as may be paid by the stockholders in advance of - j a call ; Provided, nothing contained in this act, shall Le so con- > I strued as to authorise sai.l company to apply more than one half ( 1 of’heir s'oek to banking purposes, until the completion of said s ■ road. - , < | Sec. 6. An !be it further enacted, That the directors for the i i time being, shall havepowerto chooseand appoint a subordinate ,! board of directors, to be called the board of works, to conduct I i 'the work on said rad road, and to supervise the accounts thereof,; - I and to vest in such board, s ich powers as may be necessary to ; ■ enable it to accomplish the purposes of its appointment ; and i ! >hall have further power to appoint a Cashier and sm lt other I . officers as shall be necessary lor executing the business of th*? a said corporation, and to allow- to them and to the President, (aMI j ; if deemed advisable, to the m mbersofthe board of works, afore- saidj.such compensation fin- their sen ices, respectively, as shall Le reasonable. ’And the said principal board of directors shall I (<c capable <>f exercising such other powers and authority for the well governing ami ordering the affairs of the said corporation, as to them shall appear coiiciic ve to the interest of m- same. ’ Sec. 7. An Ibe it further enacted, That the b<-ard oft.'irec- 1 tors shall have power to call in such further ai(d other instal ' ments on the capital stock subscribed, as it shall think proper; and on failure of any stockholder to pa y any instalment so called m, within the time appointed for the payment thereof, shall ope ; rate a forfeiture of the share or sharts on which such failure to pay shall have been incurred; which share or shares so forfeited, and all payments theretofore made, s.ta'll accrue to the benefit of the said corporation, to be disposed of as the directors .hall order and provide : Provided, that sixty days previous notice shall be given, and that not more than ten dollars on each share shall be called in at anyone time, and that not more than one instalment shall be called in, w ithin any three months, and that no call shall 1 be made for any such instalment to be paid between the first dav ■ of July and the first day ofNovember, of any yea r ; and it shall 1 be lawful for the said board of directors, at any time, to receive ■ ii advance of a call, from any stockholder desirous to pay, ei ther instalments or full paymen. of the subscriptions therefor; ■ and when any instalment shall be so paid in advance, the same ’ j may be used in banking purposes until the same shall be due on •my call for instalments; and whilst so used in banking purpo '|ses. the same shall be deemed a. part of the capital stock of said j company and for banking pin poses, ami shall entitle the propri | etoi thereof to dividends the:- ; >n as such, according to the pro ■ visions of the seventh rule he reinafter established. | Sec. 8. And be it further enacted. That certificates of stock I shall be issued and signed io - the Cashier, and may be transfer red ill such manlier as the directors may, bv their live-laws ord«L* ami direct. " Sec. 9. And be it further enacted, That the bills obli gatory and of credit, notes and other contracts whatever, on behalfoff.aid corporation, shall be binding and obligatory on said corporation: Provide!, the same be signed by the Presi dent and countersigned by the Cashier of said company; and funds of the corporation sh u], in no case, be held liable for any , contract or engagement w T atcver, unless the same shal be so sign'- s'll and countersigned as as oresaid, except for such checks or bills j ofexchange as shall be made or endorsed by the Cashier or Presi dent thereof, in cot rse of (he business ofsaid company, and except (for such contractsasshall be made by the board ofworks or other i agents duly appointed under such rules and regulations as shall j lie prescribed ' y the bye-laws of the same; and the books, papers i and correspondence, and the funds of the corporation shall, at ■all times be subject to tne inspection of the board of directors (and stockholders, when convened, according to the provisions of j this act. , . Sl;c. 10. And be it further enacted, That the said corpora |tion shall not, at any tir.ie, suspend or refuse payment, it: gold [and silver, of any of its. notes, bills or oldie a'timis ; and if the -aid corporation shall, at any time, refuse or neglect to pay, on [demand, any bill, note or obligation issued by the corporation, .according to the contract, promise or undertaking therein ex pressed, to the person or per-ons entitled to receive the same, I then, and in every such case, the holder of any such note, bill or obligation, shall, respectively, be entitled to receive and recover j interest on the same until the same shall be fully paid and satis fied, at the rate often per cent per annum, from' the time .of such demand as aforesaid. Sec. fl. And be it further evaded, T\v.\l w henever n demand 'hall be made on this L.'.nk, by any bank or branch bank, by it- j s< or its agent, the bank slrtll have the right of redeeming tile I b Jis thus demanded w itb the bills of the bank, or its branches, ma-I; king tnedemand. 'P B" Pi'* fP I fl, MU' I KI slt 4' i 5 h &ANbA hbv £' (Bi H . Sec. 12. And be it jttrlher enacted, 1 bat the toilow'mg rules, i regulations, limitations and provisions shall form the fundamental , articles of the constitiitimi of the said corporation. Ri LE I. Th.- numbei of votes to which each stockholder shall be entitled, shall be according to the number of shares lie shall hold, each share being entitled to one vote.- Provided that •after the first election, no share shall confer a right of suffrage which shall not have been holden according to the rules of the company, thtee cak-ndar months previous to the dav of election. Rci.E 2. None but it stockholder, in his own light of twentv -'bares, mid being a resident of this Stat , and not being a diree i tor of :my other bank, shall be eligible as a director; and if-,my I one of the directors, alter being elected, shall at a.iy time during I the time for w hich he shall have been chosen, cease to be astock , holder in that number of shares, his seat shall thereupon become ' vacated. I Rt t.E 3. Not less than Cour, and in case of the appointment of I directors on the part of the Slate, not less than six directors shall coiistitute a board for the transaction of business, of whom I the President shall always be one, except in case of sickness or necessary absence, in which case his seat shall be supplied by any I director appointed by the board present for that purpose: 7’ro rided, that the bill or exchange of the bank may be trans acted by a committee of directors, not less than three’ of whom the President shall always be one, except in case of sickness or necessary absence, in which case the President or the committee may nominate a director to supply his place in such committee; and all business done by such bill or exchange committee, shall be by the unanimous vote of such committee, and shall be enter ed on the minutes of said company by the Cashier, and by him reported to the next regular meeting of the board of directors. RULE 4. A numbei- of stockholders, not less than thirty, who together shall be proprietors of one thousand shares or more, j shall have power at any time, to cull a meeting of stockholders j for purposes relative to the institution, giving at least thirty davs notice in one or more of the gazettes of Columbus, specifying in ! .me!) notice, the object of such meeting. Rule 5. The Cashier and other ofheers of said company, be fore they enter on the duties of their respective offices, shall give bond with two or more securities, to the satisfaction of the board of direction, in such sums asshall be required by the hoard, with fondition for good behaviour, and the faithful discharge of their j-esoective duties, and all other duties required of them. Rut E G The total amount of debts which the said corporation shall at an v time owe, C’dn r by bill, bond, note, contract, or oth erwise, shall not exceed three times tile amount of tanital actually paid in, and by this act, authorized to be used and ap propriated to batiking purposes, and any special deposit which shall be received by the said company for safe keeping, either of specie or other thing, shall be held for the use of the depositor at his risk. Rule 7. Dividends of the profits of the capital stock used tn j banking purposes, or of so much as may be prudent, shall be de cla-ed and paid half yearly, after the first six months, if the con dition of the company warrant it, until the road shall yield a profit, when and in which case, that profit may also in like man ner be divided ; and such div idend shall from time to time be deter mined by a majority of directors at a meeting to be held for that purpose, and shall in no ease exceed the amount of the nett prof its actually acquired by the corporation, so that the capital stock thereof shall never be impaired. Rule 8. The directors shall cause to be kept fair and regu lar entries, tn a book lobe provided for that purpose, of their proceedings; and on any question when one director shall re quire it, the yeas and nays of the directors voting, shall be re corded in such book, and those minutes be at ail times, on de mand, produced to the stockholders at their general meetings. Rule 9. After the said company shall have been organized, measures sball immediately be taken to accomplish the purpose of the rail road aforesaid, and no further instalments shall be cal led in to be used lor banking purposes, until there shall have been cal.ed in, and applied on the said road, instahnen s amount ing, in addition to the two L jndrcJ thousand dollars aforesaid, to th? sum ol five hundred thousand dollars, for the purposes of the road ; but the said company may use for banking, whatever sums may be volunta lily ad.vanned by the stockholders, until instal ments tire called in ; and all instalments thereafter called in, shall . be appropriated in the ratio of, at least, one-half to the uses of said road, and t.oe remainder may be, in the discretion of the board of directors, appropriated to banking pttrpo.es. Rule IC. The said company shall appropriate and apply ' the sum oi two hundred thousand dollars of the stun paid in at I the timeofsubscription to the running a rail road communi cation as hereinbefore provided, and shall also apply all sums or in stalments thereafter called in to the same purpose, until the a niotmt of five hundred thousand dollars shall have been applied and appropriated on said road. And after the application as! aforesaid of the sum ol five hundred thousand dollars, there shall j be applied and appropriated to the purposes of the said road at! least otte half of the amount of all farther instalments called in, i until the road shall be complete from Columbus as aforesaid, and tlte necessary engines, can and are procured. Rule 11. The undertaking of the said company to erect the : said road, and toputitin complete order for the transportation of merchandize ami passengers, and to supply it with all neces sary cars, engines and necessary apparatus, conveniences and services, shall at till times, until the same shall be complete in good faith, in a state of progress, and the funds of the said company shall not be diverted from this purpose except in so far as is allowed I’m banking purposes by this act. Rule 12. Until the completion of said road from Columbus as aforesaid, the funds of said company appropriated to said work shall on no account be used for banking purposes, nor shall that appropriated to banking purposes be used for the road, unless the directors shall be of opinion that it would be more for the interest of the company so to useit titan in banking pur poses. Sec. 13. And be it further enacted, That the said corporation be, and it is hereby authorised tint! empowered to make, con struct and maintain a rail road for the transportation of produce, merchandize and passengers, of suitable width, depth, and di- | mensions, in the most cheap, proper and practicable course froniaml the City ol Columbus as aforesaid, paying to tlie owners of ascer throtigh which the same may pass, a just indemnity, to Iviand cov tained as hereinafter provided for, for the value of the -'tclt side of the ered by the railway, and for three hundred feet on corporation may same (or so much of that quantity as the said cyder, earth, stones require) lor the procurement therefrom of tiinJX) thei'emi of toll hou and other materials, and lor the constrnctio' id other necessary and ses, slips-, depots, wells, cisterns,pumps a person shall own workgs and purposes; and whexity point, the company shall land oi». Ijoth sides the railroad at a/fistruct for Ins own convenience be bonn< 'itl’er such ohnertoco/rail road as may not obstruct or such rt 'dge across said travel on or along the said rail incoin -=sage or frer without the express permission of road i "idge, 'such ’’er enacted. That when any- person I 1 S.; '• injured by the said rail road be-j I sl'itl' by the use oftimb r or other ma- i |in -bbotiriiood of said load, or by ter . |,i r yv hen the said company can- ; any, gu . ci’k '' whose land the said rail ! not riroAgg/B.' of from whose lands, tim- ■ way or shall he conducted,' the use ol the said road, ber or otliet shall be taken for 'f such damage or iu as to the damage >ustaii>cd, the amount t. )y the uritien aw.u-.i jury shall Le ascertained and determined *r ,e disinterested lice of tin .-e swortt appraisers, all of u horn shall i ’ e lies; to be cho ho ders of the county where the land in dispu\ ii »>o shall think sen, one by the company, one by such nit iter, , ulll y where the proper, an I one by the Inferior Court of the court in vaca land lies, or by any three of tlie justices of said , appraiser then lion; but if such oa tier shall tlecliueto appoint an three justices ' two to be appointetj by the .1 nt or ior Court, or tl companv, ’ thereof in vacation as aloresttic , and <me by the sai 'crate as a the award of a majority of ulmin, in writing, s! all oj' II be en judgmeut for the amount against the t ompativ, and slur lie right forced by an execution from tile Inferior Court, with t' as other of appeal to either party to be tried by a special jury j. ofsaid appeal: ,at the next term thereafter of the Superior Court* ipatit county, and the decision in either case, shall vest in the cor riy a ! ti.e lee simple of the land in question, and in the other pa ’c< d judgment tor its value thus ascertained which may be cnlig* In by the ordinary process ol said court In making (he said va "t alien, the appraisers, and in case of appeal, the court and jm shall take into consideration the loss or damage which may oc cur to the owner or owners in consequence of the laud being ta ken, or the right of way obstructed, ami also the benefit and ad vantage he, she or they may receive from the erection and estab lishment of the said rail road or works, and shall stale particu larly the nature and amount of each, and the excess of loss and damage over and above the benefit and advantage, shall form the measure of valuation of the said land or right of way: Provi ded, that no difference or disagreement between tue company and any land holder shall operate by injunction or otherwise to sus pend the progress of said works but the same shall in all cases be continued without interruption, on adequate security being required 01, and given by said company to the land bolder to pay such damages as shall be assessed in manner aforesaid: And Provided also, that it do not interfere w ith the house, mill or other building, or yard enclosure of individuals: Provided, tint nothing in the above section shall so be construed as to au thorize the appraisers to make any estimate or valuation by w hich the land holder shall become indebted to the corporation: Provi ded, five days notice shall be given to the owner of such land of the time and place oftrial. Sec. 15. Arid be lt further enacted, That whenever the said rail road shall intersect any public road, the company shall be bound to build a safe and substantial bridge or other means of crossing, to be afterwards maintained by the coinpanv, and any public or private bridges may at any time be builtacross the said rail road : Provided, such bridges shall not obstruct or incom mode the use ol the said rail road, or subject tlie said companv to any damages or expense. Sec. IG. And be it further enacted, That the directors for the time being shall have power to employ artists, managersand labourers, and appoint such officers as shall be necessary for ex ecuting the business of the company,-and to allow them reason able compensation for their services, and shall be capable of ex ercising all such other powers and authorities for the well govern ing and ordering the affairs of said company. Sec. 17. And be.it farther enacted, That the said rail road and apptn tinanees of the same shall not be subject to be taxed higher than one halt of one per centum upon its annual nett in come, and no municipal or other corporation shall have power to tax the stock of said comply, but may tax any property,' real or personal, of the said company, within the jurisdiction of said corporation in the ratio of taxation of like property. Sec. 18. And be it further enacted, That any person inju ring the property of said company, or who shall throw earth, stones, trees, rubbish, logs or Other matter or thing whatsoever tn or upon v ie rai ! load or its appEftinances, shall be punished by indictment, as for a misdemeanor, and Pt) conviction may be lined and imprisoned at the discretion of the court, and shall al so be liable lor such damages as may be occasioned thereby, to be recovered by action, at the suit of said company, or of any person aggrieved thereby, in any court having jurisdiction. Sec. 19. And be it further enacted, That the said company shall be entitled to the exclusive use of the said rail road, with their cars or other modes of conveyance ; and if the said com pany shall permit or sutler others to use the same, the said com pany shall be entitled and empowered to receive and collect tolls on all and every vehicle of whatsoever character or denomina tion, and all other things, which, by the regulationsof said com pany, shall, or may be allowed to pass on the said rail road ; and lhatfor the collection of tolls, the said company or its proper of ficers may stop and detain all vehicles, or produce, or merchan dize using the said rail road, until the owners or carriers thereof shall pay the toll that shall be fixed by the said company ; and also shall have power to regulate the form, weight, and all par ticulars of any and all such vehicles or cars so allowed to be u sed thereon ; and any vehicles or cars used on such road with out license from said company, or having such license and not conforming to the regulations of the company, may be seized and shall be forfeited to the said company. And if .any owner, shipper, supercargo, carrier or other person in charge olany ve hicle or car shall pass by any place appointed for receiving tolls without making payment thereof, he, she or they so offending shall forfeit and pay for each offence the sum of twenty-five dol lars, to be sued for and recovered by action of debt in the man ner, and subject to the same rules and regulations as debts under thirty dollars are now recovered, and costs of suit. j Sec. 20. And belt further enacted, That the principal of ! fice and Batik shall be located in the City of Columbus, and that it may establish one or more branches at such place or pla ces as a majority of the directors, may determine. Sec. 21. And be it further enacted, That said company' shall have full power and authority to carry such rail road over and across all or any rivets, creeks, waters or water courses that may be in the route thereof, or any branch thereof, by any suit able bridges or other means: Provided, that when such rail road i shall cross any navigable water course, that the same shall not ■ be so constructed as to impede the navigation thereof. Sec. 22. And be it further enacted, That the rail road au | thorised by this act, and the act of which this is an amendment, i shall be commenced within two years after tlie passage of this act, and shall be finished within eight years after the passage ofj this act. and on failure thereof, the charter hereby granted shall j i be forfeited. Sec. 23. And be it further enacted, That the exclusive right granted by this act, and the one of which this is tin amendment, to the Chattahoochie rail road and Banking company, to con- | struct, keep up and use a rail road from the city of Colttmbus as aforesaid, aud the banking privileges hereby granted, shall be and j continue for and during the term of twenty-five 5 ears, to be com puted from the time fixed by this act for the completion of the works authorised by this act; and after the expiration of said term of twenty-five years, the Legislature may authorise the construction of other rail roads or canals along said route ("•, “ ** part thereof: Provided, nevertheless, that tlie t,s |kJ r0.,.1 ...,<l Banking , fa ‘'l'"")'- (ireyears, be and rema n in.-yi,/ »" d g®' l , f ... t'ghts and privileges, powersand pr v- works »■, , all the e5t0t,,,,,,,,, M(1 ( . s( . |usivc P i IS-tid privileges hereby granted; aforesaid, may renew and extend that exclusive right but the.., such terms as may be prescribed bv law, and be accepted npeoy said incorporated company. j ' Sec. 24. And be it further enacted, That the said act of ■ Which this is an amendment, shall be in full force, except where 1 it militates agaainst this act. Sec. 25. And be it further enacted, That the persons and propertv in said Chattahoochee rail road and Banking compa ny shall be pledged and bound in proportion to the amount of I tue value ol shares that each individual or companv may sub- 1 scribe lor or hold in said company, for the ultimate " redemption ! <>l the lulls or notes issued by and from the said companv, in the same manner as in commot<otnmercial cases, or simple actions of debt.. | Stic. Lb. be itjutiher enacted, That no foreigner by I .itmseh or agent, shall own, possess or control, in any wav, eith lor dtrectly or mdtrectly, any stock in said companv ; and in >e event ol any stock being thus owned, possessed "or control- I ed as a oresaid, the same shall become forfeited to the State of Georgia. A foreigner just arrived, observed an owl, which a farmer had brounhl in for sale. “I‘i ay what do you ask for this turkey ?” “V. hy, sir, this is an owl.” “1 don’t care how ould it is—only tell me your price.” “A child has been born in France with a probocis, like that ol an elephant, instead of a nose.” The little fellow intends to stay some time with his friends •,«! he brings bls trunk, with him. ’ j Mi'Donald Cl n-ke's Taste.—“\ hate those gasping, sick-tnr-I Key-looking creee/zers, with wasp-like bodies, and mincing feet! Give me a girl says he, “with a waist like a cotton-ban- "and a loot bke a Jlonnder !” 0 Ai'.sexce or Altxp.—This cnnpLint appears to be gaininu ground all over the country. A yming married woman the oilier day threw her infant into n cooking stove, while she| very affectioimtcly nursed a lesr of mutton. “ ® An elderly gentleman walking along the street, took hold of a cow s mil, and gracefully placing it over her back, exclaimed, “tnadain you have dropped your \ cil.*’ GK OR GIA L fii <« IS I* ATI. KE, I X SENATE. Saturday, November 26. Rills Repo rletl- Mr. Saffold, From the Judiciary Committee: To alter and amend the 3d section of the act of 1810. for the more effectual probate of wills lim iting the time for executors to qualify and widows •’ to make (heir election. &c. Mr. \\ althottr: To regulate the fees of the sev eral Clerks of Superior and Infnrior Courts, and the Sheriffs of this State. Mr. Lawshe: To authorise the formation of two fire companies in Macon. The Senate took tip and boncutTed in the reso- . hilioit of the House of Representatives, author isin'; the Governor to draw on the 1 reasury for $250 id favor of Joint Nailor and his associates, for their te vices in arresting and prosecuting to conviction the celebrated Indian murderer, Georgs Tooke. Air. Reese, from the select committee, to which was referred so much of the Governor's message as relates to the Small Pox, made a report re commending the appropriation of thousard dollars for the payment of expenses in preventing the spread of the disaasc in M uscogee %d Talb«* —and declaring that, undet the existing quaran tine laws, the Governor is authorized to pay afrf such expenses. The report declares some of the charges extravagant, and others unusual, ami leaves the decision of the payment of such to the 8 enatc. Air Reese from the Select Committee, to whom was referred so much of the Governor’s Message, as relates to a geological survey of the State, submitted a report favorable to the views ol the Executive-—recommending the employ ment by the Governor, as early as of one or more suitable Engineers for the pur pose—and the appropriation of thou- sand dollars for their remuneration. At s2o clock the Senate proceeded to tlie- House of Representatives, for the election,, liy joint billlot, of certain Bank Directors, on die? part of the State; after wcich, The "enate adjourned until Alonday morning 10 o’clock. HOUSE OF REPRESENTATIVES. Wednesday, Non. 23. Dills reported. Air. Harris ol Baldwin : To amond the several Acts incorporating the town of Milledgeville- also. To provide for tlie election of Public Pt inter and to regulate the Printing required be performed 1 by the Legislature. Mr. Hammond of Baldwin : To alterjjand change the time of holding tiie Superior aud Inferior - Courts of the county oi Baldwin. Also. To add a part of the county of Wilkinson to the county of Baldwin. Air. John B Lamar, from the Select Committee to whom was referred the Memorial of the Trus tees of the Female College of Georgia, made a report which was read and 800 copies of it ordered to be printed. He also reported a Bill to apropri ate money towards building and endowing said** College—which was read tne first time and 30U copies ordered to beprmted. NOTICES for the appointment of Committees to prepare and report Bills. Mr. Harris ol Baldwin : To allow any onedis tributee or person interested in au estate, to in stitute proceedings in Equity without joining as complainants or making respondent the other dis tributees within the jurisdiction of the Court. Also, A Bill to amend an Act authorizing the certifi cates aud acU of Notaries Public to be received in evidence, in certain cases, passed 21 Decem ber. 1822. Air. Harris of Newton : To incorporate a Com pany tube called the xlliddle Kail Road Compa ny, lor the purpose of constructing a Rail Road from the Chattahoochee River, byway of Covington, in Newtou county, to Madison, Mor gan county. The Bill to amend the Charter of the Monroe Rail Road Company—to change the name of the same and to authorise them to extend their vout® in a northn ard direction, was taken up, read the thiid time and passed. Attu the House until to-morrow mar-- itiug 10 o’cloek. Thursday. Nov. 24. Committees it etc appointed ou previous noti ces. The Bill to establish an additional Election Precinct, in the county of Meriwether, was taken up, read a third time aud laid outlie table for the present. Bills Passed. To pardon John Howard of Talbot County. To alter and change the attachment laws of this Stat*. j Alcssrs. Fitzpatrick. Hampton, Smith of Han cock, McCrary, Blount of Warren and Ellis, had leave of absence gianted them, on account ofspe— d I ctal business, for a few days. 1 1 he House adjourned until to-morrow morning 'nF I 10 o’clock. ° &■ Friday, Nov. 25. On motion of Mr. Sanford, the House recon sidered so much of the Journal of yesterday, as. relates to the passage oft'... p.i|| t n ’.u n)l^r a _ mend the atta-viiment laws of this State. Bz//.v reported. < .'.‘ e , vc ' au ‘* : r ° legalise and make valid Deeds of Conveyance in certain cases. ~«?•’ Miller: 1 o authorise plaintiffs in suit at law ';x‘l c,t " d '' -X r . ' ? defendants who may be liable aide" ICys,,all fail t 0 l’ rovc aU the defendants li i Mn l l'n-.?. 63 nt.n’T' o, es to re P®« I !hoHs?t^eS*^‘* e ’FF a " ‘° h £ J >te Stock for the benefit of "ciglXrpe'Vuwe.T sed OQth Hee' "h-i 1 1 ° i nlter a ”‘ ! ameu<J “ft pas- Deeds, \e. ‘ &34, ' elauve recording of in Ji; ’. «r: Khe, ' ty - : Tort P e *l !> H 'a™ now in force- ClXo Biffs " ,USt PnVi,,e a “ d tliis’^lu!' 01 Oglefho, l>e: To abolish the laws of tins fetato against usury. intm' ( \ i>° '."dl 101 '* 6 die Legislature to cona-- mutt Capital 1 unishmeuts in certaiucases. Fills pa sued. it> Cmmlen':°JunV. !,e Cem ' CVill<> Ril,e Com Pany I'he Bill, to compensate certain VohmtrerCom "'r l ?i“ l ‘} al r services the late Cam- ' L.etV'mmXe ' ' ,efe " C< ' tO a Se ‘ i The Bill to amend the Pewd Code safar as re-. ( .','. e lrn'' C " la , c<| inmitthig die offea- cesofßiotsmjd Affrays, was taken up,read t “ e ‘ i till'd tune and rejected. ’ i IWolkiwing Message was i«ceiv.ed from his j L xcelleucy the Governor, vis t Executive Dej-abtwext. > Milledgeville, 25 th \oi\ IS3t>. < ■ In conformity io the Act of the 18th Dee. 1824 j I herewith lay before both bran-hes of the General' Assembly,a consolidated return of the mtniberof. : persons voting (or Electors, the names of thenar ; I sons voted for. and tire number of votes received b.V each, by w hie bit appears that Amlnose Baber John Campbell, Gibson Clark. Howell Cobb’ George k. Giltner, Thomas Hamilton, Charlton Hines, VI ui. W. Holt, David Meriwether, Thom as Mocks and Ezekiel Wimberly. are duly elec ted I '.lectors <>( President and Vice President ol the t inted Mates, of which fact. I shall, immediately give them notice, ia terms of the said Act. (Sigurd) WILLIAM SCHLEY. Mr. Meriwether laid on.the table a Resolution, nistrnclmg the .loitir Committee on Banks, to re port to tins House wlxthar at any time the Cen tral b;m.< has discounted any Notes or bills of Ex change beyond the amount of §2,500. To re-* portihenmoimt of such discount, and also the,’ names of the makers and and whether, any such Xt.tesor Bills of Exchange was paid at maturity ot renewed—w hich was read. " Anti the House adjourned until to-morrow mer imig 10 o’clock.