The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1869-03-05

I
more public places, in each and every
county, and advertise in such gazcttcs
and pa6lic places q meeting d tic Stock
holders, TO be held in Marietta, in Cobb
county, on day to be specified at
which time and place the said Stock
holders shall attend in person, or BY
proxy duly constituted by writing, seal
ed and attcstcd, and shall proceed to tho
election by ballot Of nine Directors Of
said company and in the election by
ballot of nine Directors of said companyj
and in the clectian Of Directors, and all
other matters of said company in which
the votes of Stockholders have to DO
taken, each Stockholder shall have a
number ofvotcs equal to the number of
Shares to which he is proprietor. Attic
time of voting at the election of the first
Board Of Directors the Commissioners,
orsany five Of them shall preside and
condpct the election, and shall inakcf rs
record Of proceedings in said election
under their hands and seals, and shall
deliver to each Of the Directors chosen
certificate Of his election. IA ygsvs
Sec. g. And be it further enacted,
That the Boartlof Directors shall choose
ono Of their own nnDb IS President Of
the Board, whose term Of office shall DO
| one YEAR and the election ef Directors
shall be held annually, according to such
| by-mws asmay DC made for chat purpose
and in case Of vacancy occurring ii tho
Board between the stated periods Of cleo
ton, the Directors, or majority Of them,
may elect from the Stockholders a person
To fiji such vacancy, and said Directors
may hold elections for officers at any day
should il occur that tho regular time Of
electns should pass By without said
election, upon giving len days notice
thereof; and they shaIl'cleet d Treasurer
and Secretary in the same manner aud
to serve the same term of time Is tho
President; and said Treasurer shall give
bond aud satisfactory security IN any
amountto be stipulated by said Directors
See. G. And DO il further enacted, That
said company shall have power TO piir-
chase and hold, in fec simple, TO them
and their successors, any lands, .enc-
ments and Embellishments that they may
find necessary for tho site on and along
which to rhl, locate and establish said
road, and also to purchase and hold any
land contiguous to or in the vicinity OF
said railroad that may be necessary IN
procuring the materials for constructing
and repairing said road, and such as may
be necessary for the building station
houses and all other buildings and ae-
commoda.ions that may be necessary
useful to said railroad for the business
thereof, and also all .rights-of- way on
lands, mud all necessary privileges or
water courses that may 30 on or across
said road and tho company shall have
power TO build said road across any pub~
lie road Or highway that may be on the
ronlc Of said railroad; Prorided, that said
company shall so construct said road
across all public roads as not to injdre or
obstrnct the same. ieli #2Aa3
Sec. Z. And keaS Guasllor enacted, Thst
in all eases whore lands ;sAd lls-of-way
cannot be had for want Of agreement boz
tween the parties as to price, or other
causes, The same may be taken at a sal
uation to DO made by three Commission
crs. or majority of them, TO bo chosen
and selected as follows the Board fllf-
roctors to choose one, tho owner or owr
ncrs Of the land or rights-of-way in ques
ton another, and these two to choose
third, provided none Of said arbitcrs shall
4 be, in any way, interested; ,she shall
take oath before some Magistrate of tho
county faithfully to discharge the duties
assigned to them, and to make a return
Of their proceedings 70 tie. Board Of Dr.
rcctofs Of said Company, whcro said pro-
ceedings must be recorded in thoaceunty
where the lands lie, aud the lands or
rights-of-way shall vest in said Company
in fee simple, and on payment, or tender
Of payment, Of the amount of valuation,
and in case tho said Company, or the
owners of the lands orfights- of-way, arc
dissatisfied, an appeal mag be taken to
the, Superior Court Of the county in
whichthc land may lie, und the aware, Of
| damages trayersed by a special jury. and
their decision shall be final and cOhciu-
sive between the parties.
See. s. And be it further enacted,
That the said North Georgia Railroad
Company shall have the exclusive right
of TRANSPORTATION and conveyance of
persons, produce and merchandise1 and
all other things oyor and along said
Railroad, to be BY them 4eonstrueted, as
long as thoy may desire to exercise said
right; and said Company, in the exer-
else of said right, shall be regarded as
common carriers, and liable as such
and said Company shall be authsrlzed to
fix by law the charges and rates oftrans--
portation and carriage on said
Railroad, and said Company is. au-
thorizcd to make by-laws ard regala-
tons touching said railroad andisthe
business thereof, which may be deemed
oxpedient Provided, They make none
contrary 20 the laws Of the United States
or Of this State.
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