said company shall find it necessary, for the purpose of avoiding annoyance to public travel, or dangerous or difficult ground or foundations, or for other reasonable causes, to change the location or grade of any portion of said road, said company is hereby authorised to make such change of grade and location, not departing from the general route prescribed in the charter of said company, and for the purpose of making any such change in the location and grades of said road, said company shall have the right, privileges and power to enter upon and take and appropriate such lands, and m make surveys necessary to make such changes, upon the same terms, and be subject to the same obligations, rules and regulations, as are herein prescribed for the original survey and location, and shall also be liable in damages, when any have been caused by such change to the owner or owners of the land upon which any such change of grade and location may be made by said company as hereinbefore prescribed.

holders.

SEC. 20. Be it further enacted, That no stockholder of the corporation shall be individually liable for the debts of bl the corporation beyond his interest in the property and effects of the corporation after his stock shall have been fully paid.

of stock

SEC. 21. Be it further enacted, That the president and directors of the corporation shall have power to borrow Power to borrow money for the purpose of constructing said road, and to money. carry into effect the objects of the corporation, and make the necessary bonds, notes or other securities as evidences of the said debt, and also to mortgage or pledge the property of the corporation to secure the payment thereof; but no sum exceeding one hundred thousand dollars shall be borrowed without the consent of a majority in value of the stockholders who may attend at a general meeting of the stockholders of the corporation.

To erect and car

shops.

SEC. 22. Be it further enacted, That the said corporation shall have power to erect and carry on machine shops, iron furnaces, foundries and rolling mills, and such other mey on machine chanical works as may be necessary, and to make, manufacture and furnish iron and other materials for the full equipment of the road, and to continue to make and manufacture the same under the provisions of this charter, either for sale or their own use.

SEC. 23. Be it further enacted, That the corporation shall powers of corpo have power to commence the construction of said road in ration. such divisions and at such points as they consider most likely to effect the completion thereof, and when a division or part of the road is completed, the corporation may lay

road.

and collect tolls on persons or property transported thereon.

SEC. 24. Be it further enacted, That any person intenFine for injuring tionally injuring or destroying the said road, or any part thereof, or any car, vehicle or engine thereon, shall be liable to pay the corporation three times the value of the injury sustained, to be recovered in any court having jurisdiction thereof, and in case of the non-payment of such judgment, it shall be the duty of the court to sentence the person so offending to imprisonment in the county jail of his county for such length of time as he may deem proper, not less than six months.

Officers exempt

ties.

SEC. 25. Be it further enacted, That the president, di

from certain du rectors, clerks, agents and other officers of said company, when employed in the service of said company, shall be exempt from jury, military and road duty.

Damages.

Toll.

SEC. 26. Be it further enacted, That any subscriptions of stock to said road to be paid in labor, which shall not be performed according to the requisition of the president and directors, shall subject said stockholder to pay to said company any damages caused or sustained by reason of such delay, to be recovered by said company in any court having jurisdiction thereof.

SEC. 27. Be it further enacted, That it shall be lawful for the company hereby incorporated, from time to time to fix, regulate and collect the toll and charges by them to be received for transportation of persons or property on the railroad or way aforesaid hereby authorised to be constructed, erected, built or used, or upon any part thereof.

SEC. 28. And be it further enacted, That the said comTime for letting pany hereby incorporated shall commence building said

contracts.

Loan.

road, and shall let out contracts in grading and cross ties for at least thirty miles thereof, within twelve months from the passage of this act.

APPROVED, December 12, 1853.

[No. 408.]

AN ACT

To aid the Tennessee and Coosa Rail Road.

SECTION 1. Be it enacted by the Senate and House of Reppresentatives of the State of Alabama in General Assembly convened, That two hundred and fifty thousand dollars of the three per cent. fund, and one-half of the unappropriated part of the two per cent. fund, be, and the same are hereby loaned or advanced to the Tennessee and Coosa rail road company, upon the terms, limitations and restrictions hereinafter named, that is to say, that when said company shall have completed ready for laying down the iron rails onefifth part of the grading and local work of said road, and shall produce to the governor of the state satisfactory evidence thereof, and that the same has been completed in a substantial, permanent and durable manner, then the said company shall be entitled to receive one-fifth of two hundred and fifty-thousand dollars of the three per cent. fund, and one-fifth of the two per cent. fund hereby appropriated, and so in proportion of every fifth part of said road so graded and prepared, until the whole road is completed, upon their executing in due form a bond or bonds, payable to the governor of the State of Alabama and his successors in office, for the payment in manner as hereinafter provided the sum or sums received under this act, and that the same shall be honestly and faithfully applied to the construction of said road, and that said road shall be completed within ten years from the passage of this act; that if repayment be made in cash, it shall be made within ten years, with interest at five per cent. per annum after four years, which bonds shall be secured to the entire and full satisfaction of the governor by personal security, mortgage or otherwise, as he may require, and upon execution and delivery to the governor the bond or bonds of the company as herein required, he shall issue his warrant on the treasurer, bank commissioner, or other officer or person having the custody of said two and three per cent. funds, or any portion of them, for the sum or sums to which said company may be entitled under this act, and the same shall be paid to said company by such officer or person having custody of the funds as aforesaid.

SEC. 2. Be it further enacted, That the funds hereby ap- Liability of funds propriated shall not be liable for or applied to the payment of any debt created before their reception by the company.

SEC. 3. Be it further enacted, That the funds received under this act shall be applied to construction of said road, Application of and if said fund so received shall be misapplied, the presi- funds. dent and directors, and other officers of said company, who sanction or assent in such misapplication, shall be deemed guilty of a misdemeanor, and upon conviction thereof upon indictment, shall be punished by fine and imprisonment, one or both, at the discretion of the jury trying the same, and shall moreover be personally liable in their private property to the state for the amount of the fund so misapplied: And provided further, That nothing herein contained

Conditions.

Mortgage.

shall suspend or take precedence of any appropriation heretofore made to any rail road or plank road in this state, but such appropriation shall be first provided for before any money or moneys shall be paid under this act.

SEC. 4. Be it further enacted, That if said company does not grade one-fifth of said road in two years, then said road shall not be entitled to the provisions of this act.

SEC. 5. And be it further enacted, That when one-fifth part of said road is fully completed, the said company shall execute a mortgage deed upon the part so finished to the satisfaction of the governor, before receiving the amount ap. propriated by this act for the next fifth part, and so on successively upon every fifth part as completed. APPROVED, February 17, 1854.

Revived.

cipal officers.

To revive the acts incorporating the Town of Warrenton, in Marshall county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the act of November 23d, 1841, also the amended act, approved February 7th, 1843, incorporating the town of Warrenton, Marshall county, Alabama, is hereby revived.

SEC. 2. And be it further enacted, That Frank Dillard, Creed L. Taylor and John F. Irwin are hereby authorised Mection for muni- to hold an election on the first Monday in March, 1854, for the municipal officers by said act designated, and that all subsequent elections shall be held by any two householders of the town selected by the council of the said town. APPROVED, February 16, 1854.

Kacorporated.

To authorise the incorporation of Benevolent and Charitable Associations.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That all benevolent and charitable associations or societies may become incorporated under the general provisions of the Code of Alabama in reference to private corporations, on complying with the provisions therein contained.

APPROVED, February 18, 1854.

To revive and amend the charter of the town of Yorkville, in Pickens county.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the several acts of the general assembly, incor- Revived. porating and amending the charter of the town of Yorkville, in Pickens county, are hereby revived and made of full force and effect.

To extend corpo.

SEC. 2. Be it further enacted, That the corporate authorities of said town are hereby invested with full power to ex- rate limite. tend the corporate limits of said town so as not to include a greater area than one square mile.

nances.

SEC. 3. Be it further enacted, That said corporate authorities are hereby authorised to pass such by-laws and ordi- By-laws and ordinances as they may deem proper, to regulate, control, or exclude the traffic in intoxicating drinks, the exhibiting or keeping of gaming tables, bowling allies, cock pits or any other species of gaming or gambling within the said corporate limits.

SEC. 4. And be it further enacted, That this act shall take effect from its passage.

APPROVED, February 18, 1854.

To incorporate the Troy Fire Company in the county of

Pike.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That William R. Pettus, John Key, A. N. Worthy, B. B. McCraw, and their associates, are hereby incorporated Incorporators, by the name and style of the "Troy Fire Company," and by said name and style said company may sue and be sued, plead and be impleaded, have, hold, occupy, possess and