Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1838-06-23

" iiliam Coates, Henry W. Stegail, Duncan Clarke
Edwin q. Thomas, Lewis Gideon, Samuel Z. J0ne
Shelby Usery James S. Boiling and James L
Matthews, be- and they are hereby appointed com
missioners for the purpose 0lfecelyi1g subscription
Tor stock 10 make q graduated turnpike road from
the Tombigbec river, IN ltawsmba county, - East
port, in Tishemingo county
SIC ?. De Il further eHaeted, That said com
missioners shall, at such times and places as they
majority Of them shall appoint, open books for th
subscription ofsiock for said road, under the super
iHiendance Of aLy two Of said commissioners 10 th
amount Of one hundred thousand dollars, TO be divi
ded into shares of one hundred dollars eae that
soon as the sum of ten thousand dollars shall be sub
scnbed, the subscribers shall he body corporate
by the mare and style Of the Itawamba and Tishe
mingo Graduated Turnpike Company; and By III,
name and style aforesaid, they and their heirs, sue
cessors and assigns, shs! be liable and capable il
law and equity Of suing and being sued, pleading
and being impeaded ia all hinds Of suits, action
and controversies whatsoever and they may max.
such bylaws Tor the government of said corporation
a. they or majority Of then shall think proper
not inconsistent with The laws of this State.
SIC. 8. BE IL further sHGcfed, That al the tim,
osubscribing the said subscribers shall each, scs.
orally, sign aI engagement promising 10 pay to the
said company the sam Of one hundred dollars for
each share Of said Stock in such proportions, and al
such tines as majority Of said company may direct
and IN case OF non-payment, the said company may
sue BY warrant before any justice Of the peace; the
several subscribers for the sum called Ior BY such
order and upon such warrant il shall be sufficient 10
endorse the amount Of the sum demanded and that
The same has been called for from The defendant BY
said company on his shares ofstock in said company,
and that the same has mol been paid and that If the
sum called lOr from any individual of said company
shall exceed The sum olilly dollars al any one time
the same may IN like manner be recovered by suit IN
the circuit court OF the proper county.
DEC, 4, lie 10 Jtpthcr enacted That said com
pany shall make and construct, and keep in repair,
a RD0d road from some suitable place on the Tom
bigby rlyer, IN llawamba county, 10 Elstp0rt, in
Iishcnlngo county, and shall graduate the same at
all places 20 NJ east five degrees and shall make the
same al least twenty feet wide, they shall cause the
said road to be accurately measured and shall keep
constantly erected at the crmna liun Of each mile
a post, OF some durable material on which shall be
marked IN numerical letters or characters, the dis
lance thereof from the courthouse ofthe county, also
to the intersection ofaI public roads, suitable guide
posts, on which shall bc Inscribed the name Of the
place 70 which such inersecung road leads, IN the
direction TO which tho same shall point and the said
company or majority Of them as they shall desire,
shall have power TO appoint all proper officers toll
gathercrs, artists aud workmcU, as they shall deem
necessary 10 execute The business Of said corporation
the said corporation is hereby authorized to contract
with the boards OF county police ofsaid countless for
The erection Of tolLgatcs on said road: Procided
the number Of such ell-gates on said road shall not
exceed three: Ind provided, the laes to be charg-
I'd for passing any one gate shall not exceed six and
fourth cents for lootman; six and fourth cents
Or each led horse; twelve and half cents for man
md horse; twenty-five cents for horse and gig or
,ther vehicle: fifty cents for two wheel carTiace:
my cents for four wheel carriage and ono horse;
lily cents for OK or other cart; one dollar for four
wheel horse or wagon one dollar and fifty cents for
! six or eight horse or OK team and wagon; three
ents for cattle EACH and two cents for hogs or sheep
ZACH; but no toll sall he collected from any person
passing 10 or from any public worship or funeral, or
0 or from any grisi-mll for the grinding of ,.rain
or family use or 10 or from the blacksmith shop to
which they usually resort for work there to be DONE
'r going to or returning from court when legally
ummoncd as a juror, or going 10 or returning from
militia training or muster where by law he was
eGurcd to attend, or gong 10 or returning from an
lection ut which he is entitled TO vote for the pur-
'ose Of giving such vote and returning thcreirom;
nd the contract SO made shall be binding and OBJ
gatory on said company and the said board Of
ounty police and their successors in Office.
SEC. B. DC 10 further enacted, That Whenever
nv Bari Of said turnpike ROAD shall not be in good
rider, tie gate to which the samc is nearest, shall
the presil lent Of the board of county police Of the
roper county, on the application Of any person or
n his own view, b., ordered in writing to be thrown
pen, and every keeps Of gate ordered 10 be
hlown open, shall Immediately obey such order UNI
il certificate permitting il to be closed shall be
,ranted by the said president, and it any toll shall
&c charged hcreat during the time said gate IS or
Tered to he thrown open, the gate keeper shall 'or-
cit the sum OF five dollars and the said corporation
hal also forfeit the sum Of five dollars for each Of
ence 10 the party aggrevcd To be recovered by
warrant before any Justice Of the peace.
SEC 8. .and be it further enacted That said
company shall not charge any toll OH said road UNI
il after the sail turnpike road shall be completed as
provided for by this act; and until after the two
to be appointed by the respective
presidents Of the board Of county police for each
county, shall report oath that said corporation
has well and faithfully completed said road accord
ing to the provisions Of this act
SEC. I. BE IL further enacted, That If any person
or persons shall pass around any to-gatc erected
under this act, with intent to eludc the payment OF
the toll lawfully chargeaae against them for passing
the same, or il any person or persons shall iorcby
or iraudulcntly pass any such togatc without pay
ing the proper charges toll the person or persons
so Offending shall, for each and every such offence
forfeit pay TO the company the sum Of ten dollars tc
to be recovered before any justice Of the peace.
SEC 3. BE it further enacted, That f any person
shall own land over which said road shall pass, an,
who shall claim damages in consequence Of sale
road passing over the same, shall apply to the clerl
the circuit court of the county in which such roat
mag lie, for 4 writ directing the sheriff to summon
jury TO the next term Of the circuit court 10 asses
the damages which such party shall sustain in con
sequence Of said road passing over such land, an,
such party shall give notice 90 al least three of tn
members Of said company ten days before the com
mcncement OF the term of such court, that applica
cation for damages will be made, and it shall be til
duty ofsuch court 10 give Judgment and award ex
ecution against the said company Tor such damage
as the said jury shall assess, and in case said iur
shall not attend, the court may supply the deiciene
as in obtaining any other jury.
SEc. 3. .3ad be it further enacted, That the pri,
ilegcs hereby granted, shall murc 10 I said con
pany aud their successors for the term OF Invent