The Railroad in Habersham County
ACTS OF
THE STATE OF GEORGIA 1847.
1847 Vol. 1 -- Page: 152
Sequential Number: 127
Full Title: AN ACT to incorporate the Clarkesville and [Illegible
Text] Railroad Company.
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 for the
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purpose of constructing, keeping up and using a Railroad
communication from the town of Clarkesville, in Habersham county, to
the city of Athens, or its immediate vicinity, the subscribers for
the capital stock hereinafter mentioned, and their assigns, shall be
a body politic and corporate by the name and style of the
Clarkesville and Athens Railroad Company, and by said corporate name
shall be capable in law to purchase, accept, hold and convey real
and personal estate, make contracts, sue and be sued, to make
by-laws, and to do all other acts properly incident to a
corporation, and necessary and proper for the construction of the
works and transaction of the business for which said Company is
incorporated; and to have and use a common seal, and the same to
alter and destroy at pleasure.
SEC. 2. And be it further enacted, That the capital stock shall be
six hundred thousand dollars, divided into shares of one hundred
dollars each, but shall be liable to be increased from time to time
and by such sum or sums as may be deemed expedient by the majority
of the Board of Directors of said Company for the time being:
Provided, That the capital stock shall not be so increased as to
exceed nine hundred thousand dollars: And it is also enacted, That
the Board of Directors for the time being shall be authorized to
prescribe the terms and conditions of subscription for such
additional stock as may from time to time be required.
SEC. 3. And be it further enacted, That for the original capital
stock of six hundred thousand dollars, books of subscription shall
be opened as follows: In the town of Clarkesville, under the
direction of John R. Mathews, John Wiley and William B. Wofford, for
the sum of three hundred thousand dollars; at Blairsville, in Union
county, under the direction of Elihu S. Barclay and James R. Wiley,
for the sum of fifty thousand dollars; at the village of Clayton,
under the direction of Edward Coffee and Samuel [Illegible Text],
for fifty thousand dollars; and at the town of Athens, under the
direction of William L. Mitchell and William Morton, for two hundred
thousand dollars. The books of subscription shall be opened at each
of the aforesaid places, on the first Monday in August next, and a
majority of the commissioners at each place shall be competent to do
all acts incident to their office; and if any of the commissioners
above named shall decline [Illegible Text], the Governor, on being
duly informed thereof, shall be authorized to appoint other
commissioners instead of him or them so declining to act. The
several sets of commissioners at the above named places shall give
two weeks notice in the [AElig]gis and Athens Banner, of the time
and place of opening their respective books of subscription, upon
the books being opened as aforesaid. The commissioners shall receive
from individuals, companies and corporations, subscriptions for any
number of shares of stock,
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not exceeding two hundred shares to any one individual, company or
corporation, until two days have elapsed, after which the shares not
previously taken, or any number thereof, may be subscribed for, and
taken by any individual, company or corporation; and no subscription
shall be received and allowed unless there shall be paid to the
commissioners, at the time of subscribing, the sum of five dollars
on each share subscribed, for which the commissioners shall give to
the subscriber a certificate setting forth the number of shares
taken by such subscriber, and amount per share paid thereon.
SEC. 4. And be it further enacted, That the books shall be kept open
for subscriptions at each of the above named places for the space of
ninety days; and being closed on the last day, each of the other
sets of commissioners shall transmit their subscription books,
certified and signed, to the commissioners at Clarkesville; and the
commissioners at Clarkesville shall thereupon make out a general
list, setting forth the names of the subscribers, the number of
shares taken by each subscriber, and the sum paid thereon; and if,
on summing up all the subscription, the same shall amount to the sum
of three hundred thousand dollars, the said Company may be organized
and go into operation thereon: and after the organization of the
Company, all future subscriptions of stock shall be received by the
Board of Directors of the Company. And in case the whole amount of
stock subscribed within ninety days after the opening of the books
of subscription as above prescribed, shall fall short of the sum of
three hundred thousand dollars, then subscriptions for the amount of
stock necessary to make up the said sum of three hundred thousand
dollars shall be received after the lapse of said ninety days only
at Clarkesville and Athens, and as soon as the subscriptions shall
in all amount to said sum of three hundred thousand dollars, the
commissioners at Athens shall transmit their books to the
commissioners at Clarkesville, and these latter shall make out and
prepare a general list as above pointed out, and the said
commissioners shall at once proceed to take measures, as hereinafter
prescribed, for the organization of the Company.
SEC. 5. And be it further enacted, That in order to the organization
of said Company, so soon as the amount of [Illegible Text] of stock
shall equal or exceed the sum of three hundred thousand dollars, the
commissioners of Athens and Clarkesville, or any three or more of
them, shall give notice thereof in the public gazettes of
Clarkesville and Athens for three weeks -- a meeting of the
stockholders to he held at some convenient time and place, at which
time and place the stockholders shall attend in person, or by proxy
duly constituted by writing sealed and attested, and shall proceed
to the election, by ballot, of nine Directors of
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said Company; and the election of Directors, and in all other
matters of said Company in which the votes of stockholders have to
be taken, each stockholder shall have a number of votes equal to the
number of [Illegible Text] of which he is proprietor at the time of
voting. At the election of the first Board of Directors, the
Commissioners at Athens and Clarkesville, or any three or more of
them, shall preside and conduct the election, and shall make a
record of the proceedings in said election, under their hands and
seal, and shall deliver to each of the Directors chosen a
certificate of his election.
SEC. 6. And be it further enacted, That the Board of Directors shall
choose one of their own number as President of the Board, whose term
of office shall be one year, and the election of Directors shall be
held annually according to such by-laws as may be made for that
purpose; and in case of a vacancy occurring in the Board, between
the stated periods of election, the Directors, or a majority of
them, may elect from among the stockholders a person to fill such
vacancy. And in case it shall so happen that the day of the annual
election of Directors shall pass without an election being made, in
whole or in part, it shall and may be lawful on any other day to
make such election in such manner as may be prescribed by the
by-laws of the corporation, subject always to the rule hereinbefore
prescribed as to the number of votes to which each stockholder shall
be entitled.
SEC. 7. And be it further enacted, That the said Railroad Company
shall have power and capacity to purchase, have, and hold in fee
simple, or for years, to them and their [Illegible Text], any lands,
tenements, or hereditaments, that they may find necessary for the
site on and along which to locate, run and establish said Railroad;
and also to purchase and to hold any land contiguous to, or in the
vicinity of said Railroad, that they may find necessary for
procuring all proper materials for constructing, repairing and
adequately guarding and sustaining said Railroad; also all land
contiguous thereto that may be found necessary for the erection of
toll houses, store houses, and other buildings or accommodations
that may be found necessary or useful to said Railroad, or the
business thereof; and also, all rights of way on land, and all
necessary privileges on water courses, that may lie on or across the
route of said road; and the said Company shall have power to conduct
said Railroad across any public road or highway that may be on the
route of said Railroad: Provided, That the said Company shall so
construct said Railroad across all public roads as not to injure or
obstruct the same.
SEC. 8. And be it further enacted, That in all cases where lands or
rights of way may be required by said Company for the purpose
aforesaid, and the same cannot by want of agreement between the
parties agree as to price, or for any
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other cause, [Illegible Text] purchased by the Company from the
owners thereof, the same may be taken at the valuation to be made by
three commissioners, or a majority of them, to be appointed by the
Judge of the Superior Court of the county where the land or right of
way may be situated: Provided, That if the Judge for the time being
shall be a stockholder, then the arbitrators shall be one selected
by the corporation, one by the party at issue, and a third by the
Inferior Court of the county. And the said commissioners before they
act, shall take an oath before some Justice of the Peace, or other
judicial magistrate, faithfully and impartially to discharge the
duties assigned them. In making said valuation, said commissioners,
or a majority of them, shall take into consideration the loss or
damage which may occur to the owners in consequence of the land
being taken, or the right of way obstructed; and also, the benefit
and advantage that such owner or owners may receive from the
establishment of said Railroad; and the excess of loss or damage,
over and above the benefit and advantage, shall form the measure of
damages. The proceeding of said commissioners, accompanied with a
description and plat of said land, shall be returned under the hands
and seals of said commissioners to the Court [Illegible Text] the
commission issued, there to remain of record, and the lands or
rights of way shall vest in said Company, in fee simple, upon
payment or tender of the amount of the valuation. And in case the
said Railroad Company, or the owners of the soil or right of way
shall be dissatisfied, an appeal may be taken to the Superior Court
of the county where the land lies or the right of way exists, and
the award of damages may be traversed before a special jury, and
that finding shall be final and conclusive between the parties.
SEC. 9. And be it further enacted, That the said Clarkesville and
Athens Railroad Company shall have the sole and exclusive right of
transportation and conveyance of persons, produce and merchandize,
and all other things, over and along said Railroad to be by them
constructed, so long as they shall see fit to exercise such sole and
exclusive right. And the said Company, in the exercise of their
right of carriage and transportation, shall be regarded as common
carriers, and be liable as such. And said Company shall be
authorized to fix, by by-laws, the charges and rates of
transportation and carriage on said Railroad, provided said rates
shall not exceed the sum of three-fourths of a cent per mile for
every hundred pounds on heavy articles, and four cents per cubic
foot for every twenty-five miles on other articles, and five cents
per mile for every passenger. And said Railroad Company shall be
authorized to make all by-laws and regulations touching said road
and the use and business thereof, which may be deemed expedient,
provided the same be not repugnant to the provisions of this
charter, nor the
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laws and Constitution of this State, nor of the United States.
SEC. 10. And be it further enacted, That said Railroad Company shall
construct the Railroad authorized by this act, beginning at such
point or points as may be selected by the Board of Directors as most
conducive to the interests of said Company, and the whole and
exclusive right to make, keep up, and use a Railroad along the route
and between the points designated, and shall be vested in said
Company for and during the term of forty years, to be computed from
the time [Illegible Text] said Railroad shall be completed through
the whole distance from Clarkesville to Athens; but after the
expiration of the said forty years, although the exclusive right
above granted shall then cease, yet said Company shall continue
incorporate and entitled to keep up and use said Railroad by them to
be built for the transportation of persons and things for hire and
gain, and the Legislature may renew and extend said exclusive right,
on such terms as may be prescribed by law and accepted by said
Company.
SEC. 11. And be it further enacted, That in case three hundred
thousand dollars of the stock of said Company shall not be taken
within three years after the passage of this act, and the work be
commenced within one year thereafter and completed within four years
thereafter, then the privileges and rights granted by this act are
to be forfeited and lost to said Company.
SEC. 12. And be it further enacted, That the power of making the
by-laws, and of appointing such officers, agents and servants as the
business of the Company may require, and of entering into contracts
in its behalf, and controlling generally its affairs, shall be
exercised by the President and Directors of said Company.
SEC. 13. And be it further enacted, That after the Company chartered
by this act shall be organized, the President and Directors thereof
shall be authorized, from time to time, to call on the stockholders
for the payment of such instalments on the shares subscribed, as
they may deem necessary and expedient for the prosecution and
completion of the aforesaid Railroad and the works therewith
connected, until the whole stock subscribed for be paid in. And the
Board of Directors shall give ninety days notice in the [AElig]gis
and Banner, by publication once a month, of the amount of the
instalments so required to be paid in, and the time of payment; and
a failure on the part of any stockholder to pay up any one of the
instalments so required to be paid as aforesaid, shall induce a
forfeiture of the share or shares on which such default is made, and
all past payments thereon, and the same shall vest in and belong to
said Company, and may be appropriated as they shall see fit to the
purpose for which the Company is chartered.
SEC. 14. And be it further enacted, That it shall be the
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duty of the President and Directors, as soon as may be after the
organization of the Company, to issue to each subscriber scrip or
certificates of the stock held by him, and of the amount paid
thereon; and the shares of the said stock held by any person shall
be assignable and transferable in law. And the Board of Directors
shall and may by by-laws regulate the mode of issuing certificates
and making transfers of stock, provided that no one person or
company shall be allowed to subscribe for more than shares:
Provided, That nothing contained in the foregoing charter shall be
so construed as to prevent the construction of all such roads as
shall be ordered by the Inferior Court of the counties through which
the Railroad shall pass.
SEC. 15. And be it further enacted, That the [Illegible Text]
stockholders shall be liable for the debts of the corporation in the
same manner and to the same extent as the individual stockholders of
the Washington Railroad Company are made liable for the debts of the
Washington Railroad Company.
SEC. 16. And be it further enacted, That the Gainesville Railroad
Company be and they are hereby authorized and empowered to connect
with said Clarkesville and Athens Railroad at such point as they may
select, under the same provisions and restrictions as are contained
in this charter to said Clarkesville and Athens Railroad Company.
CHARLES J. JENKINS,
Speaker of the House of Representatives.
ANDREW J. MILLER,
President of the Senate.
GEORGE W. TOWNS, Governor.
Approval Date: Approved, December 25, 1847.
SOURCE: Digital Library of Georgia
ACTS AND
RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA. 1888-9.
VOLUME II.
Part II.--Corporations.
TITLE III. STREET RAILROADS, DUMMY AND ELECTRIC LINES.
1888 Vol. 2 -- Page: 692
Sequential Number: 313
Short Title: INCORPORATING THE STREET RAILROAD OF CLARKESVILLE.
Law Number: No. 616.
Full Title: An Act to incorporate the Street Railroad of
Clarkesville.
The General Assembly of Georgia do enact as follows:
SECTION I. That Cornelius P. O. Callaghan, C. H. Sutton, I. A.
Ketson, F. L. Asbury, J. B. Jones, H. S. West and L. Willbanks, and
such other persons as they may associate with themselves, and their
successors and assigns be, and they are hereby, declared and created
a body politic and corporate under the name and style of "Street
Railroad Company of Clarkesville," and as such may sue and be sued
in any court of the State; adopt and use a common seal; and to
accept or purchase property, real and personal, necessary for their
use in the execution of the powers hereinafter set forth, and may
further exercise the rights and powers conferred by law upon
corporations in this State.
SEC. II. Be it further enacted, That said corporation shall have the
power and authority to survey, lay out, construct and equip and
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operate a street railroad in the town of Clarkesville, in Habersham
county, in this State, from the court house square at any point
thereon, northwest to the bridge on Soque River, and southeast along
the streets and upon the public streets of said town to the railroad
station on the Blue Ridge and Atlantic Railroad. Said company may
use horse power, steam or any other motive power for the driving of
their cars.
SEC. III. Be it further enacted, That a majority of said persons may
organize said company by electing a President thereof and such other
officers as they may wish; may receive subscriptions to the stock of
said company to such amount as the business purposes of said company
may require; that said company, when organized, may adopt rules,
regulations and by-laws for their government, and to do such other
acts for the purposes of said company as may be lawful; appoint and
employ officers and agents; and may convey upon their lines
passengers or freight at such rate of compensation as may be
reasonable and just.
SEC. IV. Be it further enacted, That said corporation shall not
appropriate to their use any street in said town without the consent
of the Mayor and Council of said town, which consent they are
authorized to give upon reasonable terms.
SEC. V. Be it further enacted, That if in locating any portion of
such street railroad it may become necessary to occupy the lands of
private persons, before appropriating the same to such use said
company shall pay such damages therefor as may be reasonable and
just; and if such damages cannot be agreed on between the parties,
they may be ascertained and fixed in the manner provided by law for
the ascertainment of damages to lands taken by towns and cities to
be appropriated as public streets.
SEC. VI. Be it further enacted, That this charter shall be of force
for thirty years from the date of its passage.
SEC. VII. Be it further enacted, That all laws and parts of laws in
conflict with this Act be, and the same are hereby repealed.
Approval Date: Approved November 11, 1889.
SOURCE: Digital Library of Georgia
ACTS AND
RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE State of Georgia,
1890-'91.
Part II.--Corporations.
TITLE I. RAILROAD COMPANIES.
1890 Vol. 1 -- Page: 402
Sequential Number: 287
Short Title: INCORPORATING SOQUE AND TALLULAH RAILROAD COMPANY.
Law Number: No. 575.
Full Title: An Act to incorporate the Soque and Tallulah River
Railroad Company, to confer certain powers and privileges on said
company, to define the powers of the same, and for other purposes.
SECTION I. Be it enacted by the General Assembly of Georgia, and it
is hereby enacted by authority of the same, That H. V. M. Miller, E.
P. Howell, M. C. Kiser and H. L. Culberson, of the county of Fulton;
R. K. Reeves, of the county of Clarke; James W. Robertson, William
M. Berry, J. P. Wilson, E. P. West, George W. Clayton, E. M.
Clayton, James P. Phillips and C. T. Willbanks, of the county of
Habersham; LaFayette Arvendale, John F. Smith and J. M. York, of the
county of Rabun, State of Georgia, and such other persons as they
may hereafter associate with them, who shall all be stockholders,
and their successors and assigns be, and they are, hereby created a
body politic and corporate, under the name of the Soque and Tallulah
River Railroad Company, with power under said name to sue and be
sued, plead and be impleaded in the courts of law and equity in this
State, to have and use a corporate seal, to hold property, both real
and personal, own, use and enjoy the same for such uses as may be
necessary to and will advance the interests of said company,
together with such other powers as are herein conferred, as well as
those which, by the laws of this State, are conferred generally on
incorporations doing business in this State.
SEC. II. Be it further enacted by the authority aforesaid, That said
company be, and they are, hereby authorized and empowered to survey,
lay out, construct and equip, as well as maintain and operate, a
railroad from the town of Cornelia, in the county of Habersham, or
as near thereto as a survey shows to be most practicable, by way of
the Porter Manufacturing Company, the Soque Manufacturing Company
and Clarkesville, in Habersham county, and Burton, in Rabun county,
to some point on the line between Georgia and North Carolina, the
same to run in a northerly direction from Cornelia, Georgia, through
Habersham and Rabun counties, to the North Carolina line.
SEC. III. Be it further enacted by the authority aforesaid, That for
the purpose of surveying, constructing, maintaining and operating
said line of railroad, the said company is empowered to cause such
examinations and surveys to be made
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of the proposed line between Cornelia and said point on the North
Carolina line, in the county of Rabun, as shall be necessary to the
selection of the most practical route between said points, and for
that purpose are empowered to enter the lands of any person, to
acquire by gift or purchase real estate or other property, for the
construction, maintenance, operation and accommodation of said
railroad, and to hold and use real estate and other property, useful
for the same, and for stations, connections with other railroads,
terminal facilities and all other accommodations necessary to
accomplish the objects of this incorporation, and to lease, buy and
mortgage all lands necessary for its use, or they may sell the same;
lay out its line of railroad not more than two hundred feet in
width, and for cutting and filling, for obtaining stone or other
material, to take as much land as may be necessary for proper
security and construction of said railroad, and to remove all
obstructions from the right-of-way of said road, paying compensation
for the same in the manner hereinafter prescribed; to cross,
intersect, join or unite with any other railroad heretofore, or
hereafter constructed at any point in its route; to take and carry
persons and all manner of property over their road by use of steam
or other mechanical power, and to receive compensation therefor, and
to do all things necessary to a railroad business; to erect and
maintain convenient buildings, stations, fixtures, machinery,
whether within or without a city, town or village, for the use and
accommodation of passengers or freight business; to borrow such sum
or sums of money, at such rates of interest, not contrary to law,
and upon such terms as such company, or its Board of Directors, may
agree upon, and may deem necessary and expedient, and may execute
one or more trust deeds or mortgages, one or both, as occasion may
require, on its railroad or other property, to secure the same,
provided, that said company shall not take possession of or occupy
or cross the streets of any city or town, or any public road without
the consent of the authorities of the city, town or county.
SEC. IV. Be it further enacted by the authority aforesaid, That the
capital stock of said company shall be $100,000, divided into shares
of $100 each, with power by two-thirds vote of the stockholders to
increase the said capital stock to an amount not exceeding one
million dollars, and said company shall be authorized to commence
work when ten per cent. of said subscribed capital stock shall have
been paid in.
SEC. V.
Be it further enacted by the authority aforesaid, That books of
subscription may be opened by the Board of Directors at such place
or places as they may deem best,
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and subscriptions to the capital stock of said company may be made
in the form of a general contract or promissory notes or other form,
as may be selected, or paid in in cash under the direction of the
Board of Directors, and certificates of stock shall be issued to the
persons paying on the basis of one share for every one hundred
dollars so paid, but no certificate shall be issued for less than
one share. That all subscriptions to the capital stock shall be
payable in such installments as shall be agreed upon, and if any
stockholders shall refuse or neglect to pay any installment that may
be called for within sixty days after the same shall have become
due, and notice given as hereinafter provided for, at the election
of the Board of Directors such stock, with all payments made thereon
previous to said call, shall be forfeited to said company; provided,
said forfeiture is authorized by the by-laws of said company, or
they may have a right of action to recover any such installments as
may be called in said subscription of stock.
SEC. VI. Be it further enacted, That said company shall have all the
rights and powers granted in section 1689(l) of the Code of 1882, so
far as relates to the condemnation of rights-of-way; provided, that
said company shall not have the right to take or damage any private
property till just and adequate compensation be first paid.
SEC. VII. Be it further enacted by the authority aforesaid, That the
principal office of said company shall be in the town of
Clarkesville, but the Board of Directors may cause the same to be
changed to any other point on said road by giving thirty days'
notice of such change in a newspaper published in Clarkesville,
after such change has been approved by a majority of all the
stockholders.
SEC. VIII. Be it further enacted by the authority aforesaid, That
said railroad company shall have power to make and issue bonds to
such an amount, in such denominations, and at such a rate of
interest, not exceeding seven per cent. per annum, payable at such
times and places as they may determine, and to secure the payments
of principal and interest of such bonds by mortgage or deeds of
trust of its railroad, real and personal property, franchise and all
other rights of property; also, to make and issue preferred stock
and give preference in the payment of dividends as may best subserve
the purposes and interests of said company.
SEC. IX.
Be it further enacted by the authority aforesaid, That the business
and affairs of said railroad company shall be managed by a board of
seven directors, who shall be elected annually by the stockholders.
The first election for said directors shall be held by the
stockholders at such time
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and place as shall be agreed on by a majority of the stockholders,
after advertising the same for four weeks in a newspaper, published
in Clarkesville, Ga., or if no paper there, then one published in
the town nearest thereto. In all meetings of stockholders each
stockholder shall be entitled to one vote for every share of stock
owned by him or her. All votes shall be by ballot, and the votes
cast in person or by proxy, duly given in writing. The Board of
Directors shall have power to fill all vacancies which may occur in
said board between the annual elections by the stockholders.
SEC. X. Be it further enacted by the authority aforesaid, That the
first and all future Boards of Directors shall elect from their
number a president of said railroad company, and shall have power to
elect or appoint such other officers, agents or employees as they
may deem necessary and proper to carry on the business of said
company. The president and Board of Directors shall have power to
conduct and control all the business and affairs of said company,
except as to matters expressly ordered otherwise by the
stockholders; to make all contracts, fix all salaries, call in and
demand payments of subscriptions in installments, or as they may
deem proper, under penalty of forfeiting shares of stock subscribed
for and all previous payments thereon. The directors shall have
power to adopt a corporate seal, make by-laws and regulations and
declare dividends, but the stockholders shall have power to regulate
and limit the powers of the board and modify and change the by-laws.
SEC. XI. Be it further enacted by the authority aforesaid, That the
stock in said company shall only be transferable on the books of
said company under regulations to be prescribed in the by-laws.
SEC. XII. Be it further enacted by the authority aforesaid, That the
stockholders in said railroad company shall, in their private
capacity, be bound to any creditor of the company for the amount of
stock subscribed for by him or her, until such stockholder shall
have paid on the debts of said company an amount equal to his unpaid
subscription for stock, and not otherwise.
SEC. XIII. Be it further enacted by the authority aforesaid, That
this Act of incorporation shall continue and be of force for the
term of thirty years; provided, if five miles of said road are not
constructed within ten years, then this charter shall be void.
SEC. XIV. Be it further enacted by the authority aforesaid, That all
laws and parts of laws in conflict with this Act be, and the same
are, hereby repealed.
Approval Date: Approved October 6, 1891.
SOURCE: Digital Library of Georgia
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