site of said road, or the erection of warehouses, stables, mechanic's shops, or other works necessary to said road, or useful in the construction or repair thereof, or its works. They may fix scales and weights, build bridges, lay rails, and may use any earth, timber, gravel, stone, or other material which may be wanted for the construction or repair of any part of said road, and may construct and acquire all necessary cars, wagons and carriages for transportation on said road, by horse or steam power, and all necessary apparatus appertaining to the same. of the road, SEC. 15. Be it enacted, That whenever it shall become Lands of indinecessary, after said road is laid out, to subject the lands of viduals subjecindividuals over which said road is laid out to the use of said ted to the use company, and if the right of soil of the owner cannot be had by gift or purchase, it shall be lawful for the president and directors, their agents, contractors, laborers and servants, to enter upon such lands and proceed in the opening and constructing of said rail road through the same; the pendency of any proceeding in court, or before assessors or valuers, to ascertain the damages that will be sustained by the owner or proprietor of said land by reason of opening said road, shall in no manner hinder or delay the progress of said work; and no order shall be made, nor shall any injunction be awarded by any judge or court to stay or delay the progress of said work, the true intent and meaning of this act being, that all injury that may be done to any land without the consent of the owners or proprietors thereof, by the opening and constructing the rail road through the same, over and above the advantages of the road to the owners and proprietors of the lands, shall be fully and completely compensated for in damages when ascertained, so that the work may not be delayed by law suits. misioners to pose. SEC. 16. Be it enacted, That the president and directors of valuing the of said company, their officers, servants and agents, shall land thus subhave full power and authority to enter upon all lands and jected-comtenements through which they may judge it necessary to be appointed make said road, and lay out the same according to their for that purpleasure, so that neither the dwelling house, yard, garden or curtilege be invaded without the consent of the owner or proprietor thereof: and if the company and owner cannot agree as to the value of the land, and the owner will not convey it in fee, either party may apply to the county court of the county where the land lies, by giving five days notice if the owner of the land reside in the county, and twenty days notice if he reside in any other county in the State, and by advertising in some newspaper printed at Jackson, if he resides out of the State or be a body corporate, to appoint valuers to condemn the land for the use of said road. And the court shall appoint five disinteres Proviso. said road. ted freeholders of said county, and who shall be sworn justly and impartially to value the land, who shall ascertain what damage the owner will sustain, if any, by the location of said road over his land, always taking into consideration the benefit the road will be [to] the owner, and the tendency said road will have to increase the value of the land; and said five freeholders, any three of whom concurring, shall report to said court so soon as practicable the damages, if any; and if none are sustained, they shall report the fact, which report, if unexcepted to, shall be recorded; and if any damages are assessed, the money shall be paid into court by the company. The fee simple of land so valued as aforesaid, shall vest in said company: the description of the land and the report of the valuers shall be made a record of, and when registered, shall have the effect of a deed of conveyance in fee to the company: Provided, however, That where infants or persons non compos are the owners of the land, the guardian shall be notified of said proceeding in court; and if there be no regular guardian, said court shall appoint some person well qualified to defend and protect the interest of such infant or person non compos. Company may SEC. 17. Be it enacted, That the president and directors, take materials for the purpose of making said road, or repairing the same for constructing after it shall have been made, shall be at liberty, by themselves, their officers, agents or servants, to enter upon any adjacent land, and to cut, quarry, dig, take and carry away therefrom, any timber, stone, gravel or earth, which may be necessary, provided they shall not, without the consent of the owner, cut down any fruit tree, or trees preserved in any enclosure for shade or ornament, or take away any materials constituting any part of a fence or building. For all which materials under the authority of this act, and for all incidental injuries done to grounds, woods, enclosures or crops in carrying them away, the said company shall make to the owner a fair and reasonable compensation; and if the parties cannot agree upon the price, it shall be ascertained by three impartial freeholders to be appointed by a justice of the peace at the application of either party, the opposite party having three days notice of the application to the justice; the three freeholders shall be sworn to do impartial justice between the parties; their award shall be returned to the justice, and shall stand as awards stand made by order of court, upon the rights of the parties, upon which the justice may issue execution against the company, if within his jurisdiction, to wit, one hundred dollars, if over this sum, he shall certify the proceedings to the next county court, to be proceeded upon as an award made by order of said court: Provided, either party shall have power to have the proceedings corrected by writ of of certiorari, and not by appeal either from the justice or the county court. If the proceedings be quashed, the court may appoint other valuers, and cause justice to be done as by this act contemplated, before and by order of the court quashing said proceedings. cant land on the route. SEC. 18. Be it enacted, That should said rail road pass over vacant and unappropriated lands, said company shall have May enter vathe exclusive right of entering the land over which said road may be laid out, not exceeding two hundred feet in width, for the space of five years from the first of January next; and the surveyors general of the district through which said road may be laid out, shall not receive any entry within said period of five years, for the benefit of any other under the person or persons than said company, penalty of five thousand dollars, to be recovered by action of debt, in any court having cognizance thereof, at the suit of said corporation; and any entry made contrary to this act, shall be void: Provided, said company shall notify said surveyors general of the rout of said rail road, and have the same designated upon the general plans of said districts. to Surveyors not permit other entries within five years. to erect build SEC. 19. Be it enacted, That said rail road company shall have power to acquire and own as common stock of said May own lands company, lands near to and connected with said road, on ings. which to erect warehouses, stables, and other buildings for the purpose of constructing said road, and keeping it in repair, and for the convenience of transportation and places of deposit, which improvements they are hereby authorised to construct. If the company cannot agree with the owners of the land necessary for the above purpose, they may have it condemned in the same manner as the land over which the road laid out may be condemned by the 16th section of this act: Provided, not more than five acres shall be taken at any one place, except by agreement with the owners. SEC. 20. Be it enacted, That the whole stock and prop- Stock declared erty of said company, real, personal and mixed, and the personal propissues, profits and proceeds thereof, shall be holden in law, erty. and are hereby declared to be personal property, and the same shall be governed by the rules and laws governing personal property in all cases: and the said property, and the profits arising therefrom, shall be vested in the respective share holders, their heirs and executors, administrators, and assigns, in the proportion of their respective shares, forever. Not to obstruct SEC. 21. Be it enacted, That whenever it shall become necessary, in the construction of said road, to cross or in- other roads in tersect any public road, now or hereafter established by crossing. law, it shall be the duty of said company, so to construct E road. said road across said public road, as not to impede the passage or transportation of persons or property along the same. SEC. 22. Be it enacted, That where it shall be necessary To erect wagon to pass through the improved land of any individual, it way across the shall be the duty of said company to provide such individual a proper and suitable wagon way across said rail road, from one part of his or her land to the other, if the same shall be required by the said owner, at the time the route of said rail road shall be determined on; but the owner of such land, may at any time after said rail road shall be opened and completed, construct and make such wagon way across the same, at his or her own expense, under the supervision and direction of said company. May extend road within five SEC. 23. Be it enacted, That said company are authorised at any time hereafter to extend said rail road, if they should think it expedicnt, or establish and erect lateral branches or forks of said rail road, extending to any other place or places in the Western District of Tennessee, under the same rules, regulations and with the same privileges and immunities in this act contained. SEC. 24. Be it enacted, That if the said company shall To commence not begin the rail road contemplated by this act, within years and com- five years from the passage of this act, and complete the main branch of the same within ten years thereafter, the interest of said [company] in said road shall be forfeited and cease, and also all right to take tolls. plete road in ten. mence trans portation. SEC. 25. Be it enacted, That so soon as a section of five miles of said road shall be completed, and as often thereafWhen to com- ter as the like length of any section shall be completed, the president and directors may transport all persons, produce and commodities, such person or persons, or owners of such produce or commodities, first paying to said company, or their authorised agent or servant for such purpose, the toll that may be demanded for such purpose. SEC. 26. Be it enacted, That after said rail road shall be Of dividends. completed, the president and directors shall semi-annually declare and make such dividend of net profits from the tolls herein granted, as may be advisable, to be divided amongst the proprietors of the stock of said company, in proportion to their respective shares. Protected a SEC. 27. Be it enacted, That if any person shall willfulgainst injury. ly, by any means injure, impair or destroy any part of said road, constructed by and under this act, or any of the necessary works, buildings, machines, wagons, vehicles or carriages, such person shall be subject to be indicted, and on conviction, shall be fined and imprisoned at the discretion of the court and jury; and moreover, liable to an action for damages at the suit of said company, in any court having cognizance thereof. SEC. 28. Be it enacted, That said company shall be authorised to charge the following tolls, to wit: For every Tolls. passenger, with not exceeding one hundred pounds of baggage, not exceeding six cents per mile; for every one hundred pounds of goods, wares, merchandize or produce, and commodities of every description, not exceeding one half a cent per mile. Boards of In SEC. 29. Be it enacted, That the boards of internal improvement of the counties in this State, are hereby ternal improvefor any authorised, if they think proper, to vest the internal im- ment may inprovement money of such counties, in the stock created by vest funds in this act, under the same rules, regulations and restrictions as other stockholders. F. W. HULING, road. Passed November 14, 1833. Speaker of the Senate. CHAPTER XXVII. An Act giving further time for surveying entries and obtaining grants thereon. Be it enacted by the General Assembly of the State of Tennessee, That the further time of two years from and after the 10th day of October, 1833, be allowed to make surveys, return plats and certificates and obtain grants on all entries founded upon good and valid warrants, north and east of the congressional reservation line. F. W. HULING, Passed November 7, 1833. Speaker of the Senate. CHAPTER XXVIII. An Act to authorise the Militia in the county of Warren to vote at the several precincts in said county, for the election of field officers. Be it enacted by the General Assembly of the State of Tennessee, That each regiment of militia in the county of Warren, from and after the passage of this act, shall be, and hereby are, authorised to vote for field officers at the several precincts in their respective regiments, at which other elections are authorised by law to be held; and the act authorising and directing said elections to be held at the different battalion muster grounds in said regiments of |