Newspaper Page Text
EDITLI) BY THOMAS HAYNES
VOL. V. NO. 12.
tan Bat i> of
KY I*. L. HOBINSON, State Printer,
And Publisher (by authority) of th Laics of the I'nited States
orrtCK SF.AH. TIIK CORNER OF WAYNE AND FRANKLIN STREETS.
ISSUED EVER\ TUESDAY MORNING.
j. j IER MS,— Three Dollars per annum. No subscription taken for loss than a
year> an<l no paper discontinued, but nt the option of the publisher, until nil arrear
ages arc paid.
««i *.NGE OF DIRECTION.—AV? desire such of our subscribers as may at any
rtimv wish the direction of their papers changed from one Tost Office to another, to
inform uh, in tdl cases, of the place to which they had been previously sent; as the
men' order to forward them to a dilTcrent office, places it almost out of our power to
comply, In'eause we have no means of ascertaining the office from which they are
orderNHo be changed, but by a search through our whole subscription book, con
taining several thousand names.
ADVERTISEMENTS inserted nt th? usual rates. Sales of LAND, by Admi
uisirators. Executors, or Guardians, arc required by law to be held on the first Tues
day in tlu' iiioilb, between the hours of ton in the forenoon and three in the after
noon, nt the Court House in the county in which the property is situate. Notice of
these sales must be given in a public gazette SIXTY DAYS previous to the day of
sale.
Sales of NEGROES must bo at public auction, on the first Tuesday of the month
between the usual hours of sale, nt the place of public sales in the county where th c
letters testimentnry, of Administration or Guardianship, may have been granted, first
giving SIXTY DAVS notice thereof, in one of the public gazettes of this State,
auJ at the door of the Court House where such sales arc to be held.
Notice for the sale of Personal Property must bo given iu like manner, FORTY
©AYS previous to the day of sale.
Notice to the Debtors and Creditors of an Estate must be published FORTY
DAYS.
Notice that application will be made to the Court of Ordinary for leave to sell
I.AND, must be published for FOUR MONTHS.
Notice for leave to sell NEGROES, must bo published for FOUR MONTHS,
before any order absolute shall be made by the Court thereon.
Notico of Application for Letters of Administration must be published THIRTY
DAYS.
Notice of Application for Letters of Disunion from the Administration of an Es
ate, are required to be published monthly for SIX MONTHS.
pl B. W. FORCE Sc CO.
WHOLESALE SHOE DEALERS,
Augusta, Georgia.
1000 —Ona Thousand Packages Boots and Shoes, comprising
rrary article in the line, which can bo .old as low as in the Northern cities—all ar
rangements being with manufactures direct. A full assortment of all kinds of
Leather. •
Augusta, March 20,•_ 1L YV. FORCE & CO.
A LIST of Letters remaining in the Post Office at Milledgeville on tlic first <luy of
April, 1833.
* A—YV. C. -fllen 2, John Allen 2, A. Auger, Rev. YV. Arnold 2, A. Abercrombie,
N. Arnold, J. Allen, G. W. Avery, <2 Achison.
B—R. B. Bostwick, J. Blackm.'tm D, E. Beeman, A. Bivins, J. C. Burnett, E.
Barclay, R, Brown, YY'm. Bradley, D. M. Bcakc, R. C. Brown, S. Bibines, D. IL
Bragg, L. B. Brown, M. Bcrton, Dr. J. "M. Burton. M. Brown, J. Biran, S. Belum,
W ■ Betsill, C. A. Bell, S. Bibins, Geo. Buller, R. it. Binion, B. Bynum 3, Miss R.
M. Brooks 2. Miss E. 8011, Mrs. S. Brown, Mrs. M. J. Brown, Mrs.’E. Bryant.
C— Y» Cvllins 2, N. M. Crawflmd, F. Conerlv, J. A. Crews, K. Chambers, S. B.
Carr.Q. Chandler, J. 11. Cr,: -h:i«TP. Clark. YV. Clark, S. H. Currie,C. Cooper, J.
Chambers, P. Cullens, Miss JI. Catchings, Miss S. Castion, .Mis., C. Cloud 2, Mis.
L. Craft.
1' ■ B. Davis, YY . Dunn, J. Derby, J. Duncan 2, F. L. Dawsing, K. Drew, C.
Duke, J. C. Dawson, Miss L. A. Dod.um.
K—Thos. C. Edwards, 11. Y. Evins. Mi,, J. Evins.
I— YY.Fort, A. 10r.1.5. Farris, E. Fort, G. YV. Fletcher, A. Fluolin, R. Feagin,J. I
r rank*. I
G—O. C. Gibson, J. G. Grabal, J. Grant. S. Goodall, Mrs. M. F. Green.
H—p. Hawkins, G. YV. Harrison 2, J. IL Hix, H. Harris, W. Harper, M. Huson, I
Harppending, Thos. 1> Harris, S. Holliday 2, J. Hiden, A. Haddock, !
L. O. Hawkins, w . ( .Humphries 2, Mrs. S. Humphries.
» J V hn I » B, , Jack< l on ’ A * A ‘ J ' tcr - E- Johnson, C. J. Jenkins, W.S. Jenkins 2,
B. H. Jacobs, B. Ivey, Mrs. M. Jackson, Mrs. Sarah Jackson, Miss H. Jackson, Miss
G. E. Jones,
K—YV. G. Kimball 2, Miss C. Kaercher 2.
tc—ll. ( . Lang, J. Lyon, I. E. Loyd 2, J. Little, D. Loper, YY'. Lumpkin, Mrs. U
E. Lister, Miss N. Ixwett.
M—A. Martin, C. McCarty, J. C. McCrodcr. T. G. McLin, YV. V. McGehee 3, J.
T. McGehee, J. H. McGehee. J. W. McGehee, J. McCarter, C. L. McGehee 2
H. B. Mattison. J. N. Mann, T. L. Moore, C. S. Minor, G. YV. Mac, J. H. Manchus,
C. Monroe, G. B. Musselwhite, J. H. Mather?, .Mrs. J. J. .Miller, Miss E. Minor, C. i
Mitchell.
N—J. A Newsom. M. Normnn.
O—W. F. Owen, H. Ohnstcad, YV. Oliver.
P—T. Prosser, J. P. Peters 2, G. Patton. O. IL Prince, H.Tikc, W. Porter, G. W.
Phillips, W. Pago, S. Pucci, A. S. Hotter 2, W. C. Pitts, G. A. Parker, M. Pettitt,
G. Palmer, J. Pickens. Miss E. Parker.
R—M. Roddy, C. \\ . Rico, R. C. Ragland, Z. Robison, J. Rheum, T. O. Rowan.
S—J. Spurr. M. Stafford, B. Smith, F. S:yiih,F. Swectner, \V. R. Seilv, J. Sharp,
M. Imwcl 2, N. Starr, Smith 6, T. P. Sinsth, Miss M. Simmons.
T—B. Tindall, A. Tuchin, J. Troutman, W. Tompkins, A. Trash, M. Torrence,
W. Thcar, 11. Thompson, J. H. Towers, II.'E. linner. Miss M. Thomas?, MissC.
Tucker, Mrs. E. A. Tucker, Mrs. D. T urncr2, Mrs. S. Tompkins.
M—E. hitnkcr.M . 3. YV cst, B. M right, H. Wright. J. A. Wiggins, E. Wilber,
W. A. M aril, YY .Y\ inker, J. H. YVallnn, It. YY’atrec,T. YY’atson, J. YVoodall, A. J.
Varner, J. G. YVintcr, -Miss E. YVrav, .Miss E. B. Wiley, Mrs L. Winding.
E. DAGGETT, P.M.
April X 11—ts
Georgia agricultural implement manufactory' and
AUGUSTA IRON AND BRASS FOUNDRY, corner of Jones and Cum
, ming Streets, second corner above the Planters’ Hotel.—The subscriber would call
the attention of Planters and others to tno assortment of AGRICULTUR AL IM
PLEMENTS, Ace. which he has on hand, consisting of Ploughs of the most ap
proved kinds and of the dilTerent sizes, from light onc-horse toheavv four-horse; Hill
side and Drill Ploughs, Seed Sowers, Harrows. Thrashing Machines, Corn Shell, rs,
different kinds; Corn and Cob Crushers, a first rate article; YY'heat Fans, Hominv Mills,
Cylindrical Straw Cutters of diflerent sizos; also, various other Straw Cutters; Su
gar Mills, Paint Mills, Turning Lathes, Ciicular Saws, Tyre-bending Machines, &c.
He is prepared to do heavy Iron Turning, or any other work in his line at short
■ntica.
Ihe Iron and Brass Foundry is in full operation, having a first rate workman to
superintend the business, mid a good stock of the best pig iron and coal on hand.
Those in want of machine or any other kiud of Castings, may depend on their being
well done and of good quality.
Castings for Cotton Gin Gearing, always on hand; also, Mill Irons, Ac.
S—ls ' ROBER T PHILIP.
LOOK AT THIS.—The subscriber offers for sale his settlement of Lands in
Monroe county, six miles east of Forsyth, on the waters of Rum Creek, con
taining six hundred acres; the plantation in good repair, a good log house dwelling,
a framed smoke house and wheat house, a good framed Gin house that runs bv wa
ter, and a large peach orchard. It is a beautiful and healthv situation —a first rate
amnd for a blacksmith shop. Persons wishing to purchase such asitnntion will do
wall to call and take a look, for fear a bargain might slip through their hands.
' JAMES CLAYTON.
_ WarHi 20, 9—3 m.
I’.ORGIA FEMALIi COLLEGE—Scottsboro’Georgia.— The
V Spring term of this Institution, for 183 S, will open on Monday,
January Bth. It is desi able that all students should be present at the
formation of classes, on the first day ofthe term. The government of
the Institution is strict, but salutary—being by written laws and consti
tution, which arc rigidly enforced,'after the manner of the republican
State Governments <■!'this country. A pamphlet, containing hints on
Female Education, our system of instruction, discipline, <Nc., will
shortly bo published, and sent to all who may feel interested enough
to apply for it. by letter, to the Principal.
The hours for instruction are from day light till nine o’clock P. M.
(summer and winter) reserving four hours for meals and recreation.
On Saturdays, students are engaged only till noon. The Lyceum, (a
literary and scientific Society,) of which the Principal is, e.r ojjlcio, Pte
sidrnt, meets every Hatutday evening. This society has been establish
ed but a few months, and has already proven itself to be immensely im
proving to the young ladies.
We pledge ourselves to impart, in one year’s time, to any young la
dy, who possesses a good mind, and who can read fluently, a handsome
handwriting, a correct knowledge of Grammar, Arithmetic, Geo-ranhv
•nd spelling. ’ ’ a i j
Exertions are being made to have a clergyman attached to the Insti
ution, which will he effected with as little delay as possible. YY’e have
1 library of 800 volumes—an herbarium of 2000 species of plants, col
acted by the Principal, in the State of South Carolina—optical instru
ments—Chemical apparatus, maps, globes, &.c.
The young Indies are required to dress plainly —not towcar jewels
of any sort, and not to attend balls and parties. No store accounts
without thesanction of parents or guardians. Such as have accounts
will be required to register all their expenses in a book, they will keep
for the purpose. Patrons will receive a monthly report of their chil
dren’s progress in their studies.
Board can be had in the village.
We solicit the patronage of our Southern friends, and pledge our
selves to labor to deserve it. We not only invite, but would be flatter
ad by the visits of all who may be disposed to attend our lectures, recita
tions, &c. on my day or hour during the week.
L. LATASTE,
ANNA M. LATASTE,
Principals.
■ Dec - 21 -
ADJUTANT (JENERAL’S OFFICE, 2
Iwt.'vi'im <-,nnr-. n Walker County, 27th Feb. 1838. <
|MJhIfiNLRAL ORDERS.—In conformity to the 10th section of the
Militia law, ami m obedience to orders from the Commamler in-Chief,
the following will b« the routine for the convention of the Field, Staff.
Company, anil Non-commissioned officers. (Corporals included,) and
the Renews.of Inspcetum, the sth and 7th Divisions of the Militia.
tn Maj. Gen. /!„,m ■/'„ Dirision. Gm. Herabick's firigade.
In Fayette county, on thoflOth of April and Ist of Mav
In Henry county, on the 2d and 3d of M ay .
In Butts county, on the 4th and sth of May.
General Gordon's Grigride.
In Jasper county, on the 7th and Bth of May.
In Jones county, on the 9th and 10th of May.
In Maj. Gen. Wofford's Division.
In l orsyth comity, on the 16th and 17th of Moy.
In Hall county, on the 18th, 19th and 21st of May.
In Habeisltam county, on the 22d, 23d and 21tli of May.
In Rabun county, on the 25th anil 26th of May.
In Union county, on the 28th of May, and
In Lumpkin, on the 30th and 31st of May.
By order of the Cornmander-in-Chief,
. DANIEL NEWNAN,/D/J’L GVn.
Wr'ttcn order in conformity to the altove, have been transmitted by
Mail to 1,001 nd, Burney N. Wofford March 13. B—4t
1 Imi'h i d Cords of Hark, for which six dollars
per I/ord will be paid on delivery, by the subscribers.
March 27. G. ROOT & S£»N.
c c p «
of
Z/.Jlf .S Ol' GI OIIGLI.
AN ACT to incorpornte the Milledgeville and Chattahoochee
Canal and Rail Road Company.
Section 1. He it. enacted by the Senate and House of Re
presentatives of the State of Georgia, in General Assembly met,
and it is hereby enacted by the authority of the same, That
lor the purpose of encouraging the construction and opening
a Canal or Rail Road communication between the city of Mil
ledgeville, to the terminus of the State Road or Chattahoo
chee River, for lite purpose of extending the same, so as to
connect with lite main trunk West of the Chattahoochee river,
Richard J. Nichols, Thomas R. Stubbs, Farish Carter, Tom
linson Fort, B. S. Jordan, Wm. Y. Hansell, Isaac Newel, M.
J. Kenan, Miller Grieve, R. K. Hines, T. 11. Hall, Jeremiah
Beall, F. V. Delaunay. Iverson L. Harris, J. T. Lane, Ro
bert McComb, S. T. Beecher, G. 11. Jordan, and their asso
ciates, successors and assigns, be, and they are hereby created
a corporate body politic, by the name and style of the “Mil
ledgeville and Chattahoochee Canal and Rail Road Compa
ny,” with vested rights and privileges, and by said corporate
name and style, shall be capable in law to purchase, accept,
hold, and sell, and convey, real and personal estate, make
contracts, sue and be sued, to make bye-laws, and tc do all
lawful acts properly incident and connected with the objects
of the sail! corporation, and necessary for the government and
transaction of its business, and to the construction of the said
Canal or Rail Road, and to make and use a common seal,
and the same to alter and destroy at their pleasure : Provided,
that their bye-laws be not repugnant to the constitution and
laws of this State, or of the United States.
Sec. 2. And be it further enacted by the authority aforesaid,
That the capital stock ofthe said Company shall be three mil
lions of dollars, to be divided into shares of one hundred dol
lars each, but may be increased one-third or more, should it
be found necessary to complete said Canal or Rail Road, with
the necessary appendages, and the Board of Directors shall
prescribe the mode and conditions of the subscriptions for such
additional stock, should it be required.
Sec. 3. And be it further enacted by the authority aforesaid,
That it shall auckmay be lawful for the said Richard J. Ni
chols, and those herein before associated with him, or a majo
rity of them, and they are hereby authorized and empowered to
create the original stock of three millions of dollars, or so
much thereof as may be necessary to establish the aforesaid
Company, upon th*e subscriptions of five hundred thousand
dollars, by causing books of subscription to be opened at such
places, and in such manner as they may deem most conducive
to the obtainment of the stock required to i stablish the said
Company, and commence the work: after which, the Board
of Directors shall have power to pursue such mode for the .
obtainment of the remainder of stock as they may deem best;
and upon all subscriptions of the said stock, the subscribers
shall pay five per aent. on each share at the time of sub
scribing.
Sec. 4. And be it Jurther enacted by the authority aforesaid,
That alimonies received for the first instalment of five dollars
per share, shall be deposited in the Bank of Milledgeville, un
til the Board of Directors shall be elected, and the said Com
pan y organized, when the books of subscriplion and the mo
nies deposited as aforesaid, shall be turned over to the Board
of Directors, by the Commissioners aforesaid, and in case the
said Board should not be elected, and the Company organized,
within three years from the passage of this act, then the afore
said Commissioners shall refund the aforesaid five dollars per
share, which they may have received from each subscriber as
aforesaid.
Sec. 5. Andnbe i^further enacted by the authority aforesaid,
That (or the organization of Ute said Company, so soon as the
requisite amount ofrfive hundred thousand dollars of the capi
tal stock shall have been subscribed for, the said persons here
in before named, or a majority of them, shall appoint a conve
nient time and place for the meeting ofthe Stockholders, in the
city of Milledgeville, ot which they shall give due notice to
each stockholder, at which time and place they shall proceed
to the election of fifteen Directors, who shall form and consti
tute the first Board of Directors, one of whom they shall elect
as President of said Board, and he shall be entitled to vote
upon all questions before the same, and shall bold his office
for one year, as shall also the Directors, and it shall be the
duty of the said Board, previous to the expiration of the year
for which they shall have been elected, to call a meeting of
the Stockholders annually, on such day as may be fixed upon
or designated in their bye-laws, giving each due and timely
notice thereof, for the purpose of examining the affairs of said
Company, and electing Directors for the year ensuing, to be
determined by ballot or otherwise, at each regular meeting,
and in ail cases the Stockholders shall be allowed to vote in
person, or by proxy, under power of Attorney, duly executed.
The number of votes to which each Stockholder shall be en
titled, shall be according to the number of shares he, she or
they shall hold, one vote for each share. No Stockholder shall
be eligible as a Director, unless he shall hold forty shares of
the stock in liis own right, or as executor, administrator or
guardian, and no share or shares, (after the first election) shall
confer a right of suflrage which shall not have been holden by
the person in whose name they may appear, three months pre
vious to the day of election. In case of death, resignation, or
removal from the Board, ofthe President or any of the Direc
tors, the remaining Directors shall have power to fill such va
cancy until the regular annual election by the Stockholders,
who shall at such meetings, fix upon and determine by ballot
or otherwise, the amount of salary per annum, from time to'
time, of the President and Directors, and all other standing
regular officers of the said corporation, as they, tile majority of
the Stockholders may deem just and reasonable, Not less than
five Directors shall constitute a Board for the transaction of
business, of whom the President shall always be one, except in
case of sickness or necessary absence, in which case his place
may be supplied by any one of the Directors present, to be
elected President, pro tempore, by a majority of the Board,
present. .
Sec. G. And be it further enacted by the authority aforesaid,
That the said Board of Directors shall have power to call in
such ratio of per cent, of subscriptions of stock upon the books
of said Company, from time to time, as they may deem neces
sary, to meet their engagements and contracts for the prompt
progress and execution of the work on the said Canal or Rail
Road, first giving notice to each stockholder, by written or
printed circular, tinosgh the mail, sixty days at least previous
to the time required for each payment of the instalment to be
paid; and in case any stockholder shall refuse or neglect to
pay his, her or their instalment, when called on in manner
aforesaid, it shall be lawful for the said Board of Directors to
declare, by resolution, to be entered on their book of minutes,
such share or shares of stock forfeited to the use ofthe said Cor
poration, and to offer the same for re-subscription, as if they,
had never been subscribed for. The affidavit ofthe Secretary
ofthe Board ofthe delivering of the said circulars to the post
master or his deputy; with the proper direction thereon, shall
in all cases in relation to the stockholders ofthe institution, be
taken and held as legal notice of all calls for instalments, or
other business appertaining to the said Company. And it
shall be the further duty of the said Board, to have published
such notice in two or more of the public Gazettes, printed in
the city of Milledgeville.
1- And be it further enacted by the authority aforesaid,
That the Board of Directors shall have power to issue to the
sto< kholders their certificates of stock, and no transfer of stock
in the said Company, shall be considered as binding upon the
corporation, unless entered in a hook or books kept for that
purpose, by the personal entry of the stockholder, or bv his,
her or their legal representative or attorney, duly authorized
by special power of attorney for that purpose. The said Board
of Directors shall have power to make all contracts in their
official capacity, which shall be binding upon the said Compa
ny, and to appoint engineers, agents, a Secretary and Trea
surer, and employ as many Clerks and laborers,’ and at such
compensation respectively, for their services, as they mav deem
necessary.
• Sec. R. And. it further enacted by the authority aforesaid, \
GKOSfiOIA, TLTKSSM.Y MOKNS.MS, APRIL 10, BS3S.
Ottr Conscictice—Our loutUrij—Oitr Fa.rtu.
1 hat the said Board ol Directors shall have power to select
and take, or receive as donation, such strip or strips of land,
on the line of the Canal or Rail Road, as they mav deem ne
cessary (or the construction, convenience and protection of
their said Canal, feeders and dams, or Rail Road ; and in case
of disagreement between the owner or owners, and the said
Board of Directors, in regard to the.dainages or price of any
such necessary strip or strips of land; it may and shall be law
ful forthe said Board ol Directors to appoint one disinterested
freeholder as an appraiser, and the owner or owners of such
strip or strips of laud, another disinterested freeholder, if he,
slieorthey should think proper, and die Justices ofthe Infe
rior Court of the County in which such strip or strips of land
shall lie, shall appoint another disinterested freeholder; but if
such owner or owners shall decline to appoint an appraiser on
his, her or their part, then two shall be appointed by the Jus
tices of the Inferior Court aforesaid, all of whom shall be sworn
by one of the Justices of the Inferior Court, to make and re
turn to said Court, a just and true impartial valuation of the
damages or value of the said strip or strips of land thus re
quired by the said Company, and their award shall be in writ
ing, and signed by at least a majority of the said appraisers,
and accompanied with a plat and full description ofthe said
land, whicli shall be taken and held as a judgment for the
amount against the said Company, and may be enforced bj
an execution from the said Inferior Court; and the said plat
and award shall be recorded in the said county, in the same
manner as deeds, and shall vest the right of fee-simple to the
said strip or strips of land in the said corporation, so soon as
the valuation thereof shall be paid or deposited for the owner
or owners, with the Clerk of said Inferior Court: Provided,
that if either party shall be dissatisfied with the award ofthe ap
praisers, he, she or they may appeal to the Superior Court of
the county where the land lies, and have the damages ascertain
ed by the verdict of a special jury, at the first term, and such
verdict shall be conclusive and binding on both the parlies.
Sec. 9. And be it further enacted by the authority aforesaid,
That no Canal or Rail Road shall be permitted hereafter to be
constructed betYveen the city of Milledgeville and the Chatta
hoochee river, at the point which may be selected to terminate
the same, or cross the river, or on the West side of the Chatta
hoochee, and to the Tennessee line or intersection with the
main trunk, within twenty miles of where said Canal or Rail
Road may be located, without the consent of the aforesaid
Company: Provided, that any future Legislature shall have
the power to grant to any other Company the right of crossing
said Canal or Rail Road herein named.
Sec. 10. And be it further enacted by the authority aforesaid.
That the capital stock of the said Canal or Rail Road Com
pany shall not be taxed by the State higher than one-half of
one per cent, upon its nett income, and not to commence until
ten years after its completion, nor shall any other tax be levied
or collected on the stock of said Company; nor shall the nett
profits of said stock exceed, in any one year, twenty per cent,
on the amount of its capital actually employed.
Sec. 11. And be it further enacted by the authority aforesaid,
That Company shall build and keep in good order,
substantial bridges, or Yvays of passage, across their Canal or
Rail Road, wherever either may cross a public road; and if
any person shall wilfully or maliciously destroy, or in any man
ner hurt, damage, injure or obstruct, or shall wilfully or mali
ciously cause, or aid and assist, or counsel, or advise any other
person or persons to destroy, or in any manner to hurt, damage
or injure, or obstruct the said Canal or Rail Road, or any
bridge connected therewith, or any boat or vehicle, edifice,
right or privilege granted by this act, and constructed for use
under the authority thereof, such person or persons so offend
ing, shall be liable to be indicted for a misdemeanor, and on
conviction thereof, shall be imprisoned at hard labor in the
Penitentiary, at the discretion ofthe Court, for a term not less
than four years, and shall further be liable to pay all the expenses’
of repairing or rebuilding the same, the one-half to the use ofthe
informer, and the other half to said Company: Provided, that
the said Company shall commence the work on said Canal or
Rail Road in two years, and complete the said Rail Road or
Canal, or Canal and Rail Road between Milledgeville and
Chattahoochee river, in ten years after the passage of this act;
and pt ovided also, that the said Company shall be at full liber
ty to erect cither a Canal or Rail Road on different parts of
the route, at their option, so that they make the entire line suit
able for the transportation of produce and merchandize, within
the time above specified ; and they shall have the further time
ol five years, in winch to complete the continuation of said line
between the Chattahoochee river and the Tennessee line.
Sec. 12. And be it further enacted by the authority aforesaid,
That the books, papers and correspondence, and the funds of
said Company, shall at all times be subject to the inspection of
the Board of Directors and the stockholders, at any and every
meeting thereof, when required, or to any committee appointed
at any time by the Legislature; and all bonds, notes or other
evidences of debt, or contract, or liability, or engagement, on
behalf of said Company, shall be binding and obligatory on
said corporation, Yvhcn the same shall be signed by the Presi
dent of said Company, and countersigned or attested by the
Secretary thereof; and the funds of said Company shall in no
case be held responsible for any contract or engagement, un
less the same shall be so signed, countersigned, or attested as
aforesaid ; and all the rights and privileges hereby granted to
said Company, shall continue in full force for and during the
term of thirty years, from and after the completion ofthe line
of Canal pr Rail Road between the city of Milledgeville and the
Chattahoochee river, as aforesaid.
Sec. 13. Andbc it further enacted by the authority aforesaid,
That nothing in this act contained shall he So construed as to
I!!t?'.’ftre with any ol the riglits ; privileges, or immunities grant
ed to any companies heretofore incorporated.
JOSEPH DAY,
Speaker of the House of Representatives,
ROBERT M. ECHOLS,
President of the Senate.
Assented to, 2Gth December, 1837.
GEORGE R. GILMER, Governor.
AN ACT to alter and amend an act entitled an act to author
ize the construction of a Rail Road communication from the
Tennessee line, near the Tennessee river, to the point on
the South-eastern bank of the Chattahoochee river, most
eligible for the running of branch roads, thence to Athens,
Madison, Milledgeville, Forsyth, and Columbus, and to ap
propriate monies therefor; passed, on the 21st December
183 G.
Whereas, the General Assembly of this State did, by said
act, provide by law for the survey and location of a Rail Rond,
to be constructed as a State work, out of the funds of the State,
from some point on the Tennessee line, commencing at or
near Rossville, to a point on the South-eastern bank of the
Chattahoochee river, and whereas, a survey and location of
said Road has been made, under the provisions of said act, and
it is deemed expedient that a permanent provision should be
made for the successful and vigorous completion of the work.
Section 1. Be it enacted, by the Senate and House of Re
presentatives of the Stale of Georgia, in General Assembly met,
and, it is hereby enacted, by the authority of the same, That
there shall be Rail Roads constructed on the route surveyed,
and located under the provisions of the act herein before re
ferred to, to the North Western boundary of this State, or to
the Tennessee river, if the right of way can be procured
on terms that may be deemed reasonable by the Governor of
this State, and the Commissioners hereinafter named.
Sec. 2. Andbc it further enacted by the authority aforesaid,
That for the general superintendence' of said work, there shall
he elected by the present session of the Legislature, three per
sons to act as Commissioners, (one of whom shall be the Pre
sident of the Board) whose duly it shall be, with the advice of
the Enginccr-in-Chief, to procure such officers and agents,
and adopt such system, rules and regulations, as may be deem
ed best conducive to insure the immediate, vigorous and suc
cessful prosecution of such work, and tend to economical ex- •
penditure, ami the establishment ol a strict accountability of
the officers and agents employed, which rules ami regulations
.'hail be published lor the information ol all concerned.
Sec. 3. be it further enacted by the authority aforesaid,
That the said Commissioners shall have the same power and
authority in procuring the right of way, us the Superintendent
and Engineer had under said act.
Sec. 4. ylwZ be it further enacted In/ the authority aforesaid,
That it shall be the duty of the President of said Board, to
make quarterly returns to the Governor of this State, of the
disbursements ot the current quarter, accompanied by the ne
cessary vouchers, the amount of work finished during the same
period, and an accurate statement of the condition and pro
gress of the Road ; which returns shall be published for the
information of the people.
Sec. 5. And be it further enacted by the authority aforesaid,
That the said Western and Atlantic Rail Road shall continue
from the South Eastern bank of the Chattahoochee river, to
some point not exceeding eight miles, as shall be most eligible
for the running of branch Roads, thence to Athens, Madison,
Milledgeville, Forsyth, and Columbus, and that the same shall
be surveyed and located by the Engincer-in-Chit-f upon ground
most suitable to answer the purposes herein expressed.
Sec. G. Andbc it further enacted by the authority aforesaid,
That for the purpose of procuring the necessary funds for the
accomplishment of said Yvork, the said Commissioners shall,
conjointly with the Governor of this State, from time to time,
and in such sums as to them may seem most expedient, sell or
dispose.of stock to be created on the credit of the State, bear
ing an interest of not more than six per centum per annum,
scrip for which stock shall be issued and signed by the Gover
nor, and the President, for the time being, of said Board of
Commissioners, and the said stock shall not be redeemable in
less time than thirty years after it is issued, and the interest
thereon shall be paid from the interest on the discounted paper
held by the Central Bank of this State; Provided, that no
thing shall be herein so construed to authorize the Commission
ers and Goi'ernor aforesaid, to pledge the credit of the State,
for an amount not more than five hundred thousand dollars
during any one year.
Sec. 7. Andbeitfurther enacted by the authority aforesaid,
I hat the three Commissioners who shall be elected during die
present session of the Legislature, shall hold their office for
one year, and the election for such Board of Commissioners,
shall be held annually, and shall be subject to removal by the
Governor, for neglect of duty, and their vacancies shall be fill
ed by the Governor, until the ensuing session of the Legisla
ture : and shall, before entering upon their office, take and
subscrioe an oath, faithfully to discharge the duties thereof.
Sec. 8. Andbe it further enacted by the authority aforesaid,
That the Secretary of State be authorized and directed to affix
the seal of this State to scrip or certificates of debt of this State,
issued by the provisions of this act.
Sec. 9. And be it further enacted by the authority aforesaid,
That all laws or parts of laws, militating against this act, and
especially so much of the act of December 21st, 1836, as re
lates to the appointment and duties of a Superintendent, be,
and the same are, hereby repealed.
Assented to, 23d December, 1837.
AN ACT to extend the time authorized by the act passed 27th
December, 1831, to the Savannah Ogechee and Alatamaha
Canal Company, for the purpose of constructing and com
pleting a Canal from the Ogechee to the Alatamaha Rivers,
and from thence to its branches, the Oconee and Ocmul-me
Rivers, and to such point on the Flint or Chattahoochee
Rivera as may be determined on by the Board of Directors
of said Company.
Section 1. Be it enacted by the Senate and House of Re
presentatives of the State of Georgia, in General Assembly met,
and it is hereby enacted by the authority of the same, That
the time allowed by the act passed the 27th December, 1831,
to the Savannah, Ogechee and’Alatamaha Canal Company to
complete and finish the Canals thereby proposed, from the
Ogechee to the Alatamaha RtY’ers or its branches, the Oconee
and Ocmulgee Rivers, shall be, and is hereby extended to
eight years from and after the expiration of the time allowed
by said act, and the said corporation shall complete and finish
the said Canal from the Alatamaha River or its branches, the
Oconee or Ocmulgee, to the Flint or Chattahoohce Rivers
within ten years after the expiration of the time allowed bv
said act, passed 27th December, 1831, and on failure thereof
shall forfeit all the rights, immunities and privileges given in
said act, so far as the same are especially applicable to the Ca
nal not completed within the time specified as above.
Sec. 2. And be it further enacted by the authority aforesaid,
That all laws and parts of laws militating against this act, bo,
and the same are hereby repealed.
Assented to, 25th December, 1837.
AN ACT to incorporate the Milledgeville Rail Road Com
pany.
Section 1. Be it enacted by the Senate and House of Re
presentatives of the State o f Georgia, in General Assembly met,
and it is hereby enacted by the authority of the same, That
Thomas B. Stubbs, Benjamin S. Jordan, Jeremiah Beall,
William D. Jarratt, Farish Carter, Thomas Butler, Thomas
Ragland, Win. Y. Hansell, Bepjamiu A. White, C. D. Ham
mond, F. V. Delaunay, R. K. 1 lines, G. 11. Jordan, Iverson
L. Harris, T. Fort, M. J. Kenan. R. M. Orme, and their as
sociates and successors, be, and they are hereby incorporated
with vested powers, rights, and privileges, as a body politic,
by the name and style of the “Milledgeville Rail Road Com
pany,” and by the name and style aforesaid, shall be capable
in law to sue and be sued, answer and be answered unto, de
fend and be defended in'-all Courts of the State of Georgia,
or any Court Whatever having competent jurisdiction over
any matter, dispute or transaction touching the business affairs
or well being of the said Company; that they may have and
use a common seal, and the same may alter or change at their
pleasure, and shall have full power and authority to do and
perform all and every such incorporate acts as are permitted or
allowed to other incorporated companies for similar purposes;
and the President and Directors of said “ Milledgeville Rail
Road Company ” shall be competent to make all necessary
bye-laws, rules, and regulations, as they may deem most con
ducive to the good order, faith, and harmonious government
of the said company: Provided, such bye-laws, rules, and
regulations be not repugnant to the Constitution and laws of
this State.
Sec. And be it further enacted by the authority aforesaid,
That it shall and may be lawful for the said company to ere-1
ate a stock of sixteen hundred thousand dollars, to be increas
ed if necessary, one third, for the purposes of erecting the Rail
Roads hereinafter described, to wit: a Rail Road from the city
of Milledgeville by the way of Sparta, or its vicinity, in Han
cock county, to Warrenton, in Warren county, or to such
point of intersection with the Georgia and Athens Rail Road
above Warrenton, as the said company may select and agree
upon; and also a Rail Road from the city of Milledgeville to
intersect the Central Rail Road either in the county’of Wil
kinson or AY ashington, as the said company mav agree upon
and select; and they are authorized and empowered to cause
books of subscription to be opened at such places and in such
manner as they may deem most conducive to effect the
obtainment ot the stock required, for the purposes aforesaid.
, Sec. 3. And be it further enacted by the authority aforesaid,
I iiat the capital stock ot said company shall consist of sixteen
thousand shares, ol one hundred dollars each ; but the num
ber <4 shares may be increased one third; and upon the sub
scribing lor shares in said stock, the subscribers shall pay the
sum ol five dollars upon each share subscribed for by such <
subscriber: Provided, that the said company may commence I
the Rail Road and all the business requisite for the completion i
ol the same, first above mentioned so soon as ten thousand ;
shares shall be subscribed in said stock, or the road to intersect :
the C entral Rail Road, so soon as six thousand shares shall ;
have been subscribed. ;
Sec. 4. And be it further enacted by the authority aforesaid, i
I hat the said company shall be allowed seven years from the ]
passage ol this act to complete said contemplated Rail Roads, I
or the term ol live years to complete either of them: Provided, i
they fhordd decide to erect only one of said roads, and (lie i
said colnpai.ij' shall be entitled and authorised to demand and i
P. L. ROBENSON, FROPRiE’FO ? 5
, collect freights or tolls on all goods, wares, merchandize, c•.
1 productions of the country conveyed over said Rail Roads, or < -
1 *. ,em > all( i a ls° f° r passengers on the same, as the Board ci'
L irectors of the said Company may find necessary to adoi f
, from time to time, in their regulations of tolls: Provided, tlii-:
> during any twelvemonths together, the nett amount shall net
exceed tweiity-five per cent, per annum upon the amount t f
- capital actually paid in, or the amount actually expended in
? making, constructing and keeping in good repair said Ra.J
- Roads or either of them-.
’ EC ‘ And be it further enacted by the aulhdrity aforesaid’,
hat the Board of Directors of the aforesaid Company shall
, have power to select and take, or receive as donation, such
i strip or strips of land between the points selected for said
i toads or either of them, and of such width and shape as they
may deem necessary for the construction of said roads Or either
of them; and in case of disagreement between the owner cr
owners and the Board of Directors of the aforesaid coinpanv,
in regard to the damages or price of the necessary strip or
strips of land required for the purposes aforesaid, it may and
shall be lawful for the company to appoint two competent and
disinterested free holders, and the owner or owners of such
land shall appoint two competent and disinterested free holders,
all whom of shall be sworn by some judicial officer to do equal
justice between the parties; and they shall then proceed upon
the premises as a committee of arbitration and appraisement,
and they shall make their award of valuation of damages in
writing, to be approved and signed by them, or a majority of
them, which amount the said company shall pay unto the own
er or owners of such strip or strips of land, and the fee simple’
right thereof shall vest in the said company forever; and the
award shall be recorded in the office of the Clerk of the Su
perior Court of the county where the land may lie, in the
same manner as deeds. In case the owner or owners of such
strip or strips of land, shall refuse to appoint on their part U*
referee or referees, then and in that event the Inferior Court, ot
a majority of the Court, in which such strip or strips of land
may lie shall appoint such referee or referees; and in case the
committee aforesaid, in either way appointed, cannot agree
upon the amount of damages and valuation, they shall choose
a fifth man, who shall be sworn as aforesaid, and be added to
said committee; and in case either party be dissatisfied with
the award of the committee of arbitration, they shall have the
right of appeal to a special jury in the county where the land
may lie, which appeal shall be tried at the first term of the Su<
perior Court in the county where the land lies, after the said
appeal is made, and the decision in which way soever made by
the special jury, shall vest in the Milledgeville Rail Road Com
pany the fee simple of the strip or strips of land in question,'
and in the other party a judgment for the value thereof, thus
ascertained and determined.
Sec. 6. And be it further enacted by the authority aforesaid,
That the said company shall not obstruct by their Rail Road,
any public road which may be crossed by said Rail Road;
that the stock of the aforesaid company shall be exempt from
all taxes, duties and impositions whatever, unless it be such a
tax, and no more, as is now imposed on bank stock in this
State ; and that no Rail Road shall be permitted hereafter to
be erected or constructed within twenty miles of the route or
routes the aforesaid company may select, without their con-’
sent.
Sec. 7. And be it further enacted by the authority aforesaid,-
That no stockholder of said company shall be eligible as a
Director, unless he shall hold at least fifty shares of the stock
in liis own right, or as administrator, executor, or guardian:'
the Board shall be competent at all times to call an extra
meeting of the stockholders when by them deemed necessary ;
and the Directors shall choose one of their own body as Pres
ident, who, together with the Directors, shall be entitled Yo ’
and receive such compensation for their services as mav be al
lowed by the owners and lawful representatives of a majority'
of shares of the capital stock of the institution, to be deter
mined by ballot or otherwise at the annual regular meeting of.
the stockholders, and to be determined on before the annual'
election for Directors shall take place; and in all elections the
stockholders shall be allowed to vote, cither in person or by '
proxy, duly authorized by power of attorney properly execu
ted. The number of votes to which each stockholder shall be
entitled, shall be according to the number of shares held by
each, every share one vote, but no share shall entitle the hold
er to a vote, unless the same has been transferred bona fide,
on the books of said company at least three calendar month?
before the election; the Board shall be competent to appoint
and fix the salaries of a Secretary and Treasurer, and as many
clerks, agents, engineers and laborers as they may deem ne
cessary and expedient, to despatch the business of the said
company, and until a Board of Directors shall'be organized
and competent to proceed to business, the amounts received
from subscribers for stock, shall be deposited by the person or
persons receiving the same in the Bank of Milledgeville.
Sec. 3. Andbeit further enacted by the authority aforesaid,
That the Board of Directors shall have power to call in such
ratio from time to time, of the subscription of stock upon the
books of said company, byway ofinstalmcnts, as they may deem
necessary for the prompt progress and execution of the work,
first giving notice to the stockholders respectively sixty days
previous to the time required for the payment of such instal
ment, in all the public Gazettes of Milledgeville; and in case
any stockholder shall refuse to pay liis, her, or their instalment
when called on in any manner aforesaid, it shall be lawful for the
board.to declare such shares of stock forfeited to the use amt
benefit of the company ; but the defaulting party shall have
the right of appeal to the stockholders at their next regular
meeting t’nerQaftcr, and by the consent of the owners and re
presentatives of two thirds of the capital stock of the institu
tion, the previous instalment which may liavtrticen paid upon
the shares so forfeited may be refunded, and the said shares of
fered by the board for re-subscription, as if the same had never
been subscribed for.
Sec. 9. And be it further enacted by the authority aforesaid,
That if any person or persons shall wilfully and maliciously
damage, injure, or obstruct, or in any manner destroy, or
shall wilfully and maliciously cause, or aid and assist, or coun
sel or advise, any other person or persons to destroy, or in any
manner to hurt, damage, injure or obstruct the aforesaid Rail
Roads, or cither of them, or any bridge or other appertcnanco .
connected therewith, or any vehicle, edifice, right or privilege
granted by this act, and constructed for us 6 under authority
thereof, such person or persons so offending shall bo ffonlc lb *
be indicted, and oil conviction thereof, shall be imprisoned
hard labor in the Penitentiary, at the discretion of the Court',
not less than four years, and shall be further liable to pay all
damages and expenses of rebuilding or repairing the same,
the one half of which shall be paid by the company to the iip
former.
Sec. 10. And be it further enacted by the authority aforesaid/.
That the persons authorized by this act to raise the capital
stock of said company, or such person or persons as they
may authorize and appoint for that purpose, shall issue certifi
cates of stock to the subscribers at the time of subscribing,
which may be exchanged for scrip or certificates of the Secre
tary and Treasurer, after the Board of Directors shall be or
ganized and authority given by them for that purpose, And
the evidences of debts of the said company shall be binding
only on the funds of said company when under their corporate
seal, or when signed by the President and countersigned or at
tested by the Secretary and Treasurer of raid company. The first
annual election for Directors shall take place on the first Monday
of October, 1838, and annually on the first Monday of Octo
ber, unless preventer! by some casualty, and should no
take place time above prescribed, the corporation for
that cause cease, but that an election may be held at
any such other time as tlu? Directors for the time being shall 1
appoint, and (he Directors for the time being shall act until a
new Board shall be eltctcd. The number of Directors of
said company shall be five; and a book of minutes of tffc?
proceedings of the stockholders and of the Directors, shall be
kept by the Secretary and Treasurer, which toget 1 " .
the books of said company shall be subject to the inspection of
tlie stockholders nt each ol their annual < r extra meeting ' ‘
Assented to, 20th D< <ember, 1837. c .“-
WHOLE MO. 220.