the commissioners shall take into consideration the loss or damage which may occur to the owner or owners, in consequence of the land being taken, or the right of way being cumbered, and also the benefit and advantage, he, she, or they, may receive from the erection or establishment of the said road, or works, and shall state particularly the nature and amount of each; and the excess of loss and damage, over and above the benefit and advantage, shall form the amount of valuation of the said land, or right of way. The proceedings of said commissioners, accompanied with a full description of said land, or right of way, shall be returned under the hands and seals of a majority of the commissioners to the court from which the commission issued, thus to remain of record. In case either party to the proceedings shall appeal from the valuation to the next session of the court granting the commissioner, and give reasonable notice to the opposite party of such appeal, and the court shall order a new valuation to be made by a jury, who shall be charged therewith in the same term, or as soon as practicable, and their verdict shall be final and conclusive between the parties, a new trial shall be granted, and the lands or rights of way so valued by the commissioners or jury, shall vest in the said company in fee simple, so soon as the valuation may be paid, or, when refused, may be tendered. Where there may be an appeal as aforesaid, from the valuation of the commissioners by either of the parties, the same shall not prevent the works intended to be constructed from proceeding; but when the appeal is by the company requiring the surrender, they shall be at liberty to proceed in their works only on condition of giving to the opposite party a bond with good security, to be approved by the clerk of the court when the valuation is returned, in a penalty equal to double the said valuation, conditioned for the payment of the said valuation and interest, in case the same be sustained, and in case it be reversed, for the payment of the valuation thereafter to be made by the jury and confirmed by the court; Provided, That, when the land cannot be had by gift or purchase, the operations of the works are not to be hindred or delayed, during the pendency of any proceeding to assess its value as aforesaid, nor shall any injunction or supersedeas be awarded by any judge or court to delay the progress of said work. SEC. 16. In the absence of any contract with the company in relation to the lands through which the said road may pass, signed by the owner thereof, or by his agent, or any claimant, or person in possession thereof, which may be confirmed by the owner, it shall be presumed that the land upon which the said road may be constructed, together with a space of one hundred feet on each side of the centre of said road, has been granted to the company by the owner thereof, and the said company shall have good right and title thereto, and shall have, hold and enjoy the same as being as the same to be used only for the purpose of the road, and no longer, unless the person or persons owning the said land at the time that or part of the road which may be on said road [land] was finished, those claiming under him, her, or them, shall apply for an assessment for the value of said lands, as hereinafter directed, within five years next after that part of said road was finished; and in case the said owner or owners, or those claiming under him, her, or them, shall not apply for such assessment within five years next after the said part was finished, he, she, or they shall be forever barred from recovering the said land, or having any assessment or compensation therefor; Provided, Nothing herein contained shall affect the right of femes covert, or infants, until two years after the removal of their respective disabilities. SEC. 17. If any person shall intrude upon the said railroad, or any part thereof, by any manner of use thereof, or of the rights and privileges connected therewith, without the permission, or contrary to the will of said company, he, she, or they, shall forthwith forfeit to the said company, all the vehicles that may be so intruded on said road, and the same may be recovered at law; and the person or persons so intruding may also be indicted for misdemeanor, and upon conviction, fined and imprisoned by any court of competent jurisdiction. SEC. 18. If any person shall wilfully or maliciously destroy, or in any manner hurt, damage, or obstruct the said railroad, or any bridge, or any vehicle used for, or in the transportation thereon, such person or persons so offending, shall be liable to be indicted therefor, and, on conviction, shall be imprisoned not more than six, nor less than one month, and pay a fine of not less than twenty dollars, and shall be further liable to pay all the expenses of repairing the same; and it shall not be competent for any person so offending against the provisions of this clause, to defend himself by pleading or giving the evidence that he was the owner, or agent or servant, of the owner of the land, when such destruction, hurt, damage, injury, or obstruction was done or caused, at the time the same was caused or done. SEC. 19. Every obstruction to the safe and free passage of vehi cles on the said road shall be deemed a public nuisance, and may be abated as such by an officer, or agent, or servant of the com pany; and the person causing such obstruction may be indicted and punished for erecting a public nuisance. SEC. 20. The said company shall have a right to take, at the store-houses they may establish, or annex to their roads, all goods,. wares, merchandise, and produce, intended for transportation; prescribe the rules of priority and charge, and receive such just and reasonable compensation for storeage, as they by rules may establish, (which they shall cause to be published), or as may be fixed: by agreement with the owner, which may be distinct from the rates of transportation. SEC. 21. The profits of the company, or so much thereof as the board of directors may deem advisable, shall, when the affairs of the company will permit, be semi-annually divided among the stockholders, in proportion to the stock each may hold. SEC. 22. Whenever, in the construction of said road, it shall be necessary to cross or intersect any established road or way, it shall be the duty of the company to construct said road across such established road or way, so as not to impede the passage or transportation of persons or property along the same; or when it shall be necessary to pass through the land of any individual, it shall be their duty to provide for such individual a proper wagon way or ways across said road, from one part of his land to the other. SEC. 23. The said company shall possess such additional powers as may be convenient for the due and successful execution of the powers granted in this charter, and for the successful construction and management of the work. SEC. 24. This charter shall be amended from time to time, by the legislature, whenever the president and directors shall unanimously petition for amendments, specifying, in the petition, the nature of such amendments; and when such amendments shall be adopted by the legislature, and submitted to the directory, and be accepted and adopted unanimously by the president and directors, they shall be obligatory on the stockholders, and not otherwise. SEC. 25. The president and directors, clerks, agents, officers and servants of said company, shall be exempt from military duty, except in cases of invasion and insurrection; and shall also be exempt from serving on juries, and working on public roads. SEC. 26. The company shall have full power and authority to purchase, and own such number of slaves as may be necessary for the construction of said road, and for keeping the same in repair. SEC. 27. If, by decree or otherwise, the said corporation shall be dissolved, the president and directors of said company are created trustees, with such powers only as may be necessary to collect the debts due the company, preserve the property and effects of the company to those who may be entitled thereto under the charter. SEC. 28. The capital stock of said company shall be exempt from taxation, until the road pays a dividend of six per cent. and the road, with all its fixtures and appurtenances, including work-shops, ware-houses and vehicles of transportation, shall be exempt from taxation, for the period of twenty years from and after the completion of said road. SEC. 29. That said railroad shall commence on the west bank of the Mississippi river, opposite the city of Memphis, running in a a westerly direction, to the town of Little Rock, on the Arkansas river; to be located in such manner as the board of directors may deem most advisable for the interest of the company. SEC. 30. That said company may use all stone or timber that may be necessary for the construction of the road, free of charge; Provided, The same shall belong to the state; and where such stone or timber belongs to individuals, shall be necessary for the construc tion of the road, the company shall have the power to appropriate such material to said purpose; and if the owner or owners of such material shall demand payment for the same, and the owner or owners and the company cannot agree as to the value, three commissioners may be appointed in the same way and with the same powers as are fixed for the valuation of land in the 15th section of this act. The right of way through all lands owned by the state, is hereby given to said railroad company. In the event that the sum of four hundred thousand dollars shall not be subscribed, as required in the 4th section of this act, then, the said subscribers may construct a plank road, beginning at the point designated, opposite the city of Memphis, and extending through the low lands of the Mississippi, to some suitable point on the St. Francis river, in the direction of Little Rock; said plank road to be constructed in a good and sufficient manner; to be graded not less than twenty feet in width, and covered with plank not less than nine feet, the bed or grade not to exceed three degrees; the first gate on said road to be located at or near the Mississippi river, and for every additional five (5) miles, when completed, they shall have the privilege of erecting an additional toll-gate, and shall have the power to charge and collect the following tolls at each gate: For every wagon, four horses, mules or oxen, twenty-five cents; for each wagon, hauled by three horses, mules, or oxen, twenty cents; for every wagon, hauled by two horses, mules or oxen, fifteen cents; for every one-horse wagon, or cart, ten cents; for every two-horse pleasure carriage, twenty-five cents; for every pleasure carriage drawn by one horse, ten cents; for each man and horse, five cents; for each horse or mule, five cents; for each head of cattle, two cents; for each head of sheep or hogs, one cent per head; all the powers and privileges granted in the preceding sections of this act, to the Memphis and Little Rock railroad company, not inconsistent with the object contemplated in granting the privilege to construct this plank road, to be known and styled the "Memphis and Little Rock Plankroad Company," are hereby granted to said plankroad company; Provided, That nothing in this act contained shall be so construed as to extend any rights, privileges, or immunities, for a longer time than ninety years. Approved 11th January, 1853. An act to Incorporate the Louisville and Arkansas Mining and Marble Company. SECTION 1. Names certain persons, with their successors, as a body politic and corporate, by the name, Louisville [SECTION Company; to have and exercise all the privileges and immunities of a body corporate. and Arkansas Mining and Marble 2. Capital stock not to exceed $500,000 SECTION share $50, deemed personal pro- 3. There shall be 8 directors, one of SECTION stockholders, and to give approved security for the discharge of his duties. a 8. President and directors to declare dividend; books to be open to inspection of stockholders, and once year a statement of the affairs of the company to be made. each share of stock; a majority of 9. Directors may call in stock by installdirectors,a quorum to transact busi ness. 4. Company may go into operation as ments; installments not to exceed 5 per cent. of amount subscribed; and such payment not to be until four months after previous payment; stockholders failing to pay installment, stock to be sold to pay installments due, and expenses of WHEREAS, For the purpose of promoting the general prosperity and independence of our common country, and in order to aid in the development of the natural resources of this State by bringing into market the Marbles and Minerals imbedded in its soil; Therefore: SECTION 1. Be it enacted by the General Assembly of the State of Arkansas, That John W. Bright, Claudius Duvall, Cyrus H. Bent, Edward W. Sehon, Samuel Griffith, Clifton W. Kennedy, Jacob Anthony, Luther G. Howard, and L. A. Whitely; with all others who are, or may be hereafter associated with them, be, and they are hereby, with their successors and assigns, made and established a body politic and corporate by the name of "The Louisville and Arkansas Mining and Marble Company," for the purpose of quarrying and manufacturing marble, and digging mineral ores, and smelting and assaying the same; and also to carry on the business of merchandising in the most advantageous manner; and by that name and style, they and their associates, assigns and successors, shall be, and are hereby authorized and empowered to have and to use a common seal, and the same to alter at their pleasure, and to purchase, take, hold, occupy and enjoy, to them and their successors, any goods, chattles, and effects of whatever kind they may be; the better to enable them to carry on such business to advantage, and to carry out the objects and intentions of said corporation, also to take, occupy, possess, purchase, and enjoy to them and their successors, in fee, or for life, or for years, any lands, tenements, hereditaments, or slaves, as shall be necessary for the views and purposes of said corporation, and the same to sell and dispose of at pleasure, and to erect and employ all necessary buildings and machinery for the purposes aforesaid; also, to sue and be sued, plead and be impleaded, defend and be defended, and be answered |