ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA, PASSED IN NOVEMBER AND DECEMBER, 1816.
1816 Vol. 1 -- Page: 102
Sequential Number: 070
Type: AN ACT,
Full Title: To incorporate the town of Marion in the county of Twiggs, and to vest certain powers in the Commissioners thereof.
BE it enacted by the Senate and House of
Representatives of the State of Georgia in General Assembly met, and it
is hereby enacted by the authority of the same,
That Henry M. Terrell, John Fleming, Martin Pitts, Lemuel P. Hargrove and Moses Fort, be and they are hereby appointed Commissioners of said town, and they and their successors in office, [Illegible Text] a majority of them, shall have full power and authority to pass all bye-laws and regulations which they may deem necessary for the improvement and repair of the streets and roads within the limits of said corporation, for the preservation of good order, and all other corporate acts which may be necessary for the comfort and convenience of the citizens of said town -- Provided, the same shall not be repugnant to the laws and constitution of this state, or that of the United States.
§ 2. And be it further enacted by the authority aforesaid, That the said Commissioners shall continue in office until the first Monday in February in the year eighteen hundred and eighteen; and on the first Monday in February in every year thereafter, the free male inhabitants of said town, who are entitled to vote for members of the General Assembly, shall convene at the Court-house in said town, and by ballot, elect Commissioners, who shall continue in office for one year; at which said election, one Justice of the Peace and two freeholders of said county, not being themselves candidates, shall preside -- Provided, that if the said election should from accident or any other cause, not be held on the day pointed out by this act, the said Commissioners, whose time by this act may have expired, may by giving ten days notice by public advertisement at the Courthouse door of said county of Twiggs, have an election holden for Commissioners, to be conducted in the manner herein before pointed out.
§ 3. And be it further enacted, That the said incorporation shall extend to and include all the tract of land originally purchased by the Commissioners of Twiggs county for a scite for public buildings, together with all the land lying within four hundred yards of the courthouse in said town.
§ 4. And be it further enacted, That
the said Commissioners shall have power to appoint all officers they may
deem necessary for the carrying the aforesaid powers into effect, and to fill all vacancies that may happen by death, resignation or otherwise in their own body.
Speaker of the House of Representatives.
President of the Senate.
D. B. MITCHELL, Governor.
Approval Date: Assented to, 12th December, 1816.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, That John R. Lowery, Jesse Sinclair, Geo. W. Welch, Kelly Glover, Joshua R. Wemberly, Peter G. Thompson, Thomas J. Perryman, Milton Wilder, William Choice, William E. Carswell and Isaiah Atteway, be, and they are hereby constituted a body corporate, by the name and style of the Jeffersonville Land Company, of the county of Twiggs, for the purpose of forming a village and erecting a Female Institution.
Sec. 2. And be it further enacted by the authority aforesaid, That said corporate body shall be capable and liable in law to sue and be sued, plead and be impleaded, to use a common seal, and the same to alter and change at pleasure, to buy and sell, to have and to hold property, both personal and real, with power to appoint such officers, and to pass, alter and repeal at such times as they may think proper, such by-laws and regulations for the government and interest of such corporation, as they may think most conducive to the welfare of such corporation: Provided, such by-laws and regulations be not repugnant to the Constitution of this State, or of the United States.
Sec. 3. And be it further enacted by the authority aforesaid, That each and every member of said corporate body, may sell and convey their interest in the property of said corporation, both real and personal, under such regulations and rules as may be adopted by said corporation, and upon the death of any of the members of the same their interest in said corporate property shall pass to the legal heirs of said members, and that such legal heirs or purchasers shall have the same powers and privileges as are hereby conveyed to the above named individuals:
Provided, that the said company shall not hold more land than a sufficient quantity of acres for a town.
Speaker of the House of Representatives,
ROBERT M. ECHOLS,
President of the Senate.
GEORGE R. GILMER, Governor.
Approval Date: Assented to, 25th December, 1837.
14. Sec. I. Be it enacted, That Ocoee Lodge,
number two hundred and one, of Free and Accepted Masons, sitnated at Morganton,
in the county of Fannin, be and the same is hereby declared a body corporate,
under the name and style of Ocoee Lodge, number two hundred and one, of
Free and Accepted Masons.
15. Sec. II. And be it further enacted, That Phillip D. Claiborn, Worshipful Master; William A. Campbell, Senior Warden; William L. Vanzant, Junior Warden, the officers of said Lodge, and their successors in office be, and they are hereby declared capable in law or equity of suing and being sued, of purchasing and holding real and personal property, giving and receiving titles for the same, use a common seal, and to do all other things which bodies corporate may in law or equity do, connected with the object of their association.
16. Sec. III. Be it further enacted, That
Daniel S. Harrison, Worshipful Master; James R. Burnam, Senior Warden;
Morgan W. Davis, Junior Warden; John Causey, Treasurer; John D. Wilkes,
Secretary; John T. Smith, Senior Deacon; John Patrick, Junior Deacon; Daniel
W. Smith, Steward; Rev. N. B. Ousley, Chaplain; A. J. Menzenkin, Tyler,
officers of Travelers Rest Lodge, No. 65; the officers of said Lodge and
their successors in office be, and they are declared capable in law or
equity of suing and being sued, of purchasing and holding of real and personal
property, of giving and receiving titles for the same, to use a common
seal, and to do all other things which corporate bodies may, in law do,
connected with the object of their association.
17. Sec. IV. Be it further enacted by the
That the officers of Houston Lodge, No. 98,
of Free and Accepted Masons, situated at Houston, Heard county, shall be
under their aforesaid name, and they are hereby incorporated, and made
a body corporate and politic, under the name of Houston Lodge, No. 98,
of Free and Accepted Masons; they shall have power to sue and be sued,
plead and be impleaded, and to receive and hold property by gift, grant,
purchase or bequest, or which may be in any way vested in them.
18. Sec. V. And be it further enacted, That
John Glover, W. M.; E. A. Wimberly, S. W.; J. U. Burkett, J. W.; Hardy
Solomon, Treas.; Wright Neel, Sec'y.; S. Mithoin, J. D.; W. H. Crocker,
S. D.; James Evans, Tyler, the officers of Twiggs Lodge, No. 164, of
Free and Accepted Masons, situated in Marion, Twiggs county, and their
successors in office, be and they are hereby declared capable in law and
in equity, of suing and being sued, of purchasing and holding real and
personal property, of giving and receiving titles for the same, to use
a common seal, and to do all other things which corporate bodies may in
law do, connected with the objects of their association.
19. Sec. VI. Be it further enacted, That
Henry Ardis, William B. Cooper, S. C. Craft, R. J. Mayes, William H. Sruggs,
John Cason, S. A. Smith, be and they are hereby incorporated under the
name and style of the Florida Baptist Convention, with power to hold their
sessions, and to establish an institution of learning in this State, and
for that purpose to exercise and enjoy all the privileges, immunities,
and rights now held and exercised, and enjoyed by the Baptist Convention
of Georgia, and the Executive Committee thereof, for the purposes aforesaid.
20. Sec. VII. Be it further enacted, That
the said Baptist Convention of Florida, shall have the usual corporate
privileges of perpetual succession, of having and using a common seal,
of holding real estate to the extent necessary for their purposes, of suing
and being sued, and of receiving donations and bequests, and of adopting
such salutary regulations for the preservation of the morals of the students
and good order of the village and community in which they may locate the
institution, as they may think proper, and not inconsistent with the constitution
and laws of this State.
21. Sec. VIII. Be it further enacted, That
the Executive Committee of the board of trustees of the Washington School
or Institute, located at the village of Buffaloe in Hancock county, which
village and Executive Committee have been incorporated by an Act of the
present session, shall, for the period of their appointment, be the Intendants
of said village of Buffaloe, and shall have power to pass all such needful
rules and regulations for the government of said village, and the preservation
of the good order thereof, as they, or a majority of them, may think proper,
not inconsistent with the constitution and laws of this State.
22. Sec. IX. Be it further enacted, That
it shall not be lawful for any person to sell or retail spirituous liquors
within one mile of said village, and the Intendants aforesaid shall have
upon the affidavits of two good citizens
to the fact, of the violation of this Act, to remove the violators of this
law, and their goods and liquors, from within the limits aforesaid.
23. Sec. X. (Repeals conflicting laws.)
Approval Date: Assented to December 22d,
Section 1. Be it enacted, That James Hammock, James Myrick, T. J. Joyner, Elias Jones, John H. Jones, H. S. Wimberly, Archibald McAllum, D. G. Hughes, John Chapman and James Coombs, of the county of Twiggs; George Carswell and W. E. Carswell, of the county of Wilkinson; and A. Vickers, of the county of Laurens -- or such of them and such other persons as shall associate under this act -- be, and they are hereby, incorporated, and made a body corporate and politic, with all the rights and privileges common and necessary to such corporations, under the name and style of the Griswoldville & Jeffersonville Railroad Company.
Sec. 2. And be it further enacted, That said company shall be authorized to build a railroad from the town of Griswoldville, in Jones county, to Jeffersonville, in Twiggs county; that they shall have power to consolidate their stock, and unite with any other railroad company on such terms and conditions as may be agreed upon by them and such company as they may unite with, and may charge such amounts for freights and travel as they may deem expedient; and to open books and procure subscription of stock at such times and places as may be thought proper by the above-named persons or any five of them; may have and use a common seal, sue and be sued, plead and be impleaded in any court of law and equity in this State, and shall, by vote of the stockholders, elect seven directors, who, from their number, shall elect a president; said board of directors shall have authority to make such rules and regulations or by-laws as may be necessary and proper for carrying into effect the powers and objects of such corporations: Provided, That such rules and regulations be not repugnant to the laws and Constitution of this State, or of the United States.
Sec. 3. Be it further enacted, That the capital stock of said company shall be one hundred thousand dollars, and shall be divided into shares of not exceeding one hundred dollars each, and at the election of said board of directors, said stockholders shall be entitled to as many votes as they may own shares in said company.
Sec. 4. Be it further enacted, That said board of directors and president shall be elected on the first Tuesday in May, 1872, and on the same day in each and every year thereafter, unless otherwise altered by law, and shall have power to appoint all officers and agents in said road, and fix the salaries thereof, and said company shall have the power, through said board of directors and president, to borrow money, to make contracts, hold real and personal property to and for said board: Provided, That said contracts shall not be binding on said company unless signed by the president and countersigned by the secretary of said company: Provided, That they shall be responsible for the amount of stock owned by them.
Sec. 5. And be it further enacted, That the board of directors shall have power to select and take, buy or purchase or receive, as a donation or otherwise, such strip or strips of land, not exceeding two hundred feet in width, between the points selected for the beginning and terminus of said road, and in all cases in which difficulties or disputes may arise between individuals or corporations, and such company or their directors, as to the right-of-way or damages to the land on which such right-of-way be located, it shall, and may be, lawful for either party to apply to the Sheriff of the county in which such land may be located to summons a jury of freeholders, who shall enter on the land sought to be appropriated to the use of said company, and award, in writing, the amount of damages assessed, if any, to be paid by said company, either party having the right to appeal to the Superior Court of the county, under the same rules and regulations which apply to appeals in said court, and in all cases such freeholders, and the jurors in such Superior Courts, in addition to the usual oath, shall be sworn, in assessing damages, to take into consideration the prospective value of the road to the land and premises through which it may run, and to have evidence touching the same, and upon the payment of the damages so assessed, as aforesaid, a fee simple title to such lands as may be necessary for the location of such road, buildings and depots shall vest in said company.
Sec. 6. That the company aforesaid shall have perpetual succession of members, and shall have the exclusive right of said franchise so far as relates to the building of a railroad from or near the town of Griswoldville to the town of Jeffersonville, in the county of Twiggs, or near that place, and the said Griswoldville & Jeffersonville Railroad Company shall be deemed a common carrier as regards all goods and merchandise, and property entrusted to them for transportation; and said company shall have the power to do and perform all and every such corporate acts as are permitted and allowed to other companies for similar purposes; and it shall be the duty of the Central Railroad, or any other railroad company with which this road may form connection, to transport, without delay, all freights delivered by said company.
Sec. 7. Repeals conflicting laws.
Approval Date: Approved August 27, 1872.
1882 Vol. 1 -- Page: 225
Sequential Number: 198
Short Title: TO INCORPORATE THE CANAL, NAVIGATION AND LAND COMPANY.
Law Number: No. 374.
Full Title: An Act to incorporate the Canal, Navigation and Land Company; to grant certain privileges therein named, and for other purposes.
Section I. Be it enacted by the General Assembly of Georgia, That Willis Wood, A. J. Lane, George H. Hazelhurst, John H. James, Samuel Thomas and A. W. Gibson, and such other persons and corporators as are or may be associated with them, their successors and assigns, be, and are hereby created a body politic and corporate, under the name and style of the Canal, Navigation and Land Company of Georgia, and in and by that name may make contracts, sue and be sued, plead and be impleaded in any court of law and equity in this State; may accept, purchase, hold, sell and convey real estate and personal property for the purposes herein prescribed; may make by-laws and appoint all necessary officers in the manner hereinafter prescribed, and define their duties; may make contracts, and have and use a common seal, and do all other lawful acts incident thereto and connected therewith, and exercise generally all the powers incident to corporations and necessary and proper for the control, promotion and transaction of the business and purposes for which it is incorporated; this charter to continue in force for the term of thirty years, with the privilege of renewal at the expiration of said term.
Sec. II. That the capital stock of said company shall be one hundred thousand dollars ($100,000), divided into shares of one hundred dollars ($100) each, but with the privilege of increasing said capital stock, from time to time, to any sum not exceeding -- , whenever it may be deemed expedient by a majority of the board of directors so to do, and such stock shall be issued and transferred in such manner and upon such conditions as may be prescribed in the by-laws of said corporation, each share of one hundred dollars being entitled to one (1) vote at meetings of stockholders for the election of officers and upon other occasions, at such times and in such manner as the company, by its by-laws, shall prescribe.
Sec. III. That said company is hereby authorized and empowered to survey, lay out, build, dig, construct, use, own and maintain a canal of suitable width and dimensions, to be determined by the board of directors of said corporation, from, at or near and below the point on the Ocmulgee River, near the city of Macon, where the Macon and Brunswick Railroad bridge spans said river, to either Rockface Bluff, near Buzzard Roost, in the county of Twiggs, or the Hawkinsville Shoals, on the Ocmulgee River, as a majority of the board of directors of said corporation may determine upon one or the other of said points on said river the more practicable as the terminal point for said canal; said canal to run through the counties of Bibb, Twiggs, Houston and Pulaski, in said State of Georgia, and through a bend of said Ocmulgee River, and connecting therewith at said points, and as nearly on a direct line between said points as may be found practicable by a majority of said board of directors, with full power and authority to use such part or portion of the bed of said river, and other stream or streams used, if any, between said points and on or near the line upon which said canal shall run, as may be deemed necessary in constructing said canal, and also to construct and maintain such banks or dams across said streams as may be deemed advisable and necessary; and to use, cut and improve all rivers, creeks, branches and other streams which flow into or may be made to connect with said canal; provided, said company shall in no way impair or hinder the free use and navigation of any such stream or water course.
Sec IV. That said company shall have the right to operate and use said canal for the purpose of navigating the same with boats for the transportation of passengers or freight, and other lawful purposes, in such manner as may be deemed most expedient, and may collect such rates of fare and toll as may be just and reasonable, on all passengers, freight, lumber, timber, logs, rafts, steamboats and other water craft, of any and every description, that may be transported over, conveyed or passed on and through the said canal, or through any stream or water course connecting with and made and used as a part of said canal. The said company shall have for its toll or charges a lien on any property so passed over or conveyed through said canal until said tolls or charges are fully paid, the enforcement of which shall be in accordance with the statute law of this State as embraced in article 5, chapter 2, title 3, part 2, of the Revised Code of Georgia of 1873, §1991.
Sec. V. That said company shall have power and authority to acquire by purchase or otherwise, and to hold for its corporate uses and purposes all rights of way or any other rights from choses or property necessary to the ends and aims of said corporation. And if it shall become necessary in building said canal or in building any banks, dams or earth-works connected with the said canal, to pass over or through any private lands or property, the said company shall pay to the owner or owners of such land or property through which said canal shall pass, a just indemnity, to be ascertained as hereinafter provided, for the value of the property or land taken for said canal or any improvement connected therewith for a reasonable distance on either side of the same, or for damage done the land or property aforesaid by the passage of said canal, unless the said owner or owners thereof may agree upon the said damages.
Sec. VI. That said company, as soon as twenty thousand dollars are bona fide subscribed, shall organize a board of directors, who shall elect at their first meeting after such organization one of their number as president of said board, who shall receive such compensation as said board of directors may determine; the term of office of the board of directors as aforesaid and the manner and form of all subsequent selections of directors shall be fixed and established by the by-laws to be framed and adopted by them, and all other officers shall be elected by the board of directors.
Sec. VII. The said company shall have authority to issue bonds to construct and operate said canal, and to secure the same by mortgage or deed of trust, on all the property and franchises of the company, and shall have authority to lease, sell and convey the property and franchises of the company to any person or corporation, either before or after the completion of said canal, on such terms as may be agreed upon.
Sec. VIII. That any person injuring the property
of said company, or who shall throw either stones, trees, logs, rubbish
or any other matter or thing whatever into said canal, or any stream which
is made a part thereof, or who shall willfully cut, break or injure in
anywise, any dams, banks or other improvements that may be built or erected
by said company, shall be guilty of a misdemeanor and on conviction may
be fined or imprisoned, or both, at the discretion of the court, as prescribed
in section 4310 of the Revised Code of Georgia, and shall also be liable
for such damages as may be sustained by said company in consequence thereof,
to be recovered by said company in an action or suit by said company in
any court having jurisdiction.
Sec. IX. That said company shall have power and authority to receive land or other property in payment or part payment of subscriptions to its capital stock at such valuation as may be agreed on under the rules, regulations and by-laws of said company, and may accept and receive donations of land and other property and acquire titles thereof by virtue of said donations.
Sec. X. That said board of directors may call for installments on each share whenever necessary for the interest of said company, not to exceed one hundred dollars ($100) in all, on each share, giving at least ten (10) days' notice in a public gazette of the city of Macon, of such call, and any and all stockholders failing to pay such installments so called for within sixty days after the time designated by such call, shall forfeit his or her stock in such corporation, and all payments which such defaulting stockholder may have made, and the stock so forfeited shall vest in and become the property of said company to be disposed of as the said board of directors may determine.
Sec. XI. That said corporation shall be responsible to its creditors to the extent of its property and assets, and each stockholder shall be liable to his or her private capacity, and personally for the amount of stock subscribed by him or her, until such subscription is fully paid, or until the stockholder shall have paid out of his private property debts of the said corporation to an amount equal to his or her unpaid subscription as aforesaid.
Sec. XII. That for the organization of said
company said persons hereinbefore named, or a majority of them, shall have
power to call a meeting of the corporators herein named, who shall elect
a president and five directors for said company, who shall hold their offices
for twelve months from the time of their election, or until their successors
are elected, and the said board of directors may provide in their by-laws
for future elections of its board of directors, and of all other officers
of said company, the filling of all vacancies that may occur in the offices
created by them, as well as the vacancies in said board of directors, the
time and place of holding said elections, and the qualifications of the
voters at the same.
Sec. XIII. That should said corporation, and the owner of any land required for the location and making of said canal, or any of its appendages, or for laying and constructing of its raceways, aqueducts, dams, banks, or which may be injured by back waters from its dams, fail to agree as to the purchase thereof by the corporation, or of such assessment thereon as may be required, then the clerk of the superior court of the county wherein said land is situated shall, upon the application of said corporation, issue to the sheriff of such county a writ requiring said sheriff to summon a jury of twelve persons, who shall be freeholders and liable to jury duty in the courts of the State, and who are not interested, to meet upon the lands in question on a day therein named, not later than ten days after the date of such writ, and assess the amount of compensation which said corporation shall pay for the land or assessment required, which land or assessment shall be described in said writ. The sheriff shall give to the parties at least five days' notice of the time and place of each assessment. The jury, after having been sworn by the sheriff aforesaid, to make a true and impartial assessment, shall examine the lands involved, and have such evidence as may be adduced by the parties, and make in writing thereon said assessment. Either party may within twenty days thereafter enter an appeal to the superior court of the county in which said lands are situated, under rules governing appeals from justice's courts, but the corporation shall not be delayed in the prosecution of its work upon such land, provided it will make and file in the office of the clerk of the superior court in which such appeal is pending, a bond with good security for the payment of such amount as may be finally assessed. Upon payment of such compensation so assessed, the corporation shall become invested with the right and title in the fee to the lands or assessment in the writ aforesaid described.
Sec. XIV. That the principal place of business
of said corporation shall be the city of Macon, in the county of Bibb,
in this State, but agencies may be established in such other place, or
places, as the business of said corporation may require.
[Sidenote: Principal place of business.]
Sec. XV. Be it enacted, That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed.
Approval Date: Approved September 26, 1883.
copyright Eileen Babb McAdams 2004