General Assembly of the State of Georgía
Barlows mentioned in Public, Local and Private Laws of Georgia
1831 - 1973

   PUBLIC LAWS of GEORGIA

   November and December 1831

   Act / Resolution 33 of 191
   Vol. 1 -- Page:  57 - 59

   Sequential Number:  033

AN ACT to Incorporate the Baptist Church at Holly Springs, on Rocky Creek, in the County of  Laurens, and the Baptist Churches at  Mount Zion, and Bethel, in Hancock  County, and  appoint  Trustees  for  the same;  also, to  incorporate the Baptist Church at  Hartford, in the County of Pulaski, and the Trustees of the  Methodist Church, at  Hawkinsville, in the county of Pulaski.
Section 1. 
Be it enacted by the Senate and House of Representatives of the State of Georgia in General Assembly met and it is here
by enacted by the authority of the same, That Robert Higdon, James Barlow, Samuel Montgomery, Archibald Griffin and Bennet Whitehead, and their successors in office, be, and they are hereby declared to be a  body corporate, by  the name and style of the Trustees of the Baptist Church at the Holly Spring on Rocky Creek, in the county of  Laurens, with power to hold any property, either real or personal which may now belong to, or  be hereafter acquired by the said Church, whether by purchase, gift, or bequest, with all  the privileges &  immunities thereunto belonging,  for the use and benefit of the said Church, and they are hereby declared capable of suing and  being sued, and of  using all legal means for  defending and recovering any property whatever, which the said Trustees or their successors in office may hold, claim or demand.

Section 2. 
And be it further enacted, That Barnabas Shivers, James Barnes, John G. Gilbert, Absalom E. Reeves, Thomas Neal, &
their  successors in office, be and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Baptist Church at Mount Zion, in the county Hancock with power to hold any property, either real or personal, which may now belong to, or which may hereafter be acquired by said Church, whether by purchase, gift, or bequest, with all the privileges & immunities, thereunto belonging, for the use and benefit of the said Church, and they are hereby declared capable of suing and being sued, and of using all legal means for defending or  recovering any property whatever, which they, the said Trustees and their successors in office, may hold, claim, or demand.

Section 3. 
And be it further enacted, That Jesse Lockhart, William Barksdale, William Dixion, William Harrel, Samuel Ewing, Ste
phen Roe, and Bird W. Brassiland their successors in office, be, and they are hereby, declared to be a body corporate, by the name and style of the Trustees of the  Baptist Church, at Bethel, in the county of Hancock, with power to hold any property, either real or personal, which may now belong to, or which may hereafter be acquired by the said Church, whether by purchase, gift, or bequest, with all the privileges and immunities, thereunto  belonging, for the use and  benefit of the said Church, and they are hereby, declared  capable of suing and being sued, and of using all legal means for defending and recovering any property whatever, which they, the said Trustees and their successors in office, may hold, claim, or demand.

Section 4. 
And be it further enacted, That the above named trustees of the Holly Spring Church, at Rocky Creek, in the county of
Laurens, shall continue in office until the Saturday, preceding the third Sabbath in May next, and those of the Church at Mount Zion, until the Saturday preceding the  fourth Sabbath in November next, and those at Bethel, until the Saturday preceding the third Sabbath in November next, when the male members of the said Churches, or a  majority of  them, shall at their usual places of worship, proceed to the election of five Trustees for the year thence ensuing; on the above named days, in the above named months of each succeeding year, an election shall be held in like manner, any member of the board of Trustees  being re-eligible, and in the event there may be a  failure  to  hold an  election  at the time above directed, an election may be held any day thereafter, written notice  being  put up at the door of the church [by] any one or more of the members of the last board of Trustees, at least ten days previous to the day fixed on for such election.

Section 5.
And be it further enacted, That the said Trustees, or a majority of them, shall have full power and authority to appoint
such officers, and to make and ordain such by-laws and regulations, as they may deem necessary and proper for the carrying into effect, the provisions of this act, and for the management of  the temporal affairs of the said Churches.  Provided such by-laws and regulations be not repugnant to the Constitution and Laws of this State.

Section 6. 
And be it further enacted, That Furney F. Gatlin, Stephen Mitchell, Wight Lancaster, Michal K. Singletory and John 
Wallace and their successors in office, be, and they are hereby, declared to be a body corporate by the name and style of the Trustees of the Baptist Church, at Hartford, in the county of Pulaski, with power to  hold any property, either real or personal, which may now belong to, or may hereafter be acquired by the said Church, whether by purchase, gift, or bequest, with all the privileges thereunto belonging, for the only use and benefit of the said Church, and they are hereby, declared capable of suing and being sued, and of using all legal means for defending and recovering any property whatsoever, which they, the said Trustees, may have a claim or demand.

Section 7. 
And be it further  enacted, That John Bozeman, Samuel B. Webb, Abraham F. Bird, Washington Lancaster, John
M'Coll, and successors in office, be, and they are hereby, declared to be a body corporate, by the name and style of the Trustees  of the Methodist  Church, at Hawkinsville, in the county of Pulaski, with power  to hold any property, either real or  personal, which may now belong to, or may hereafter be acquired by the  said Church, whether by purchase, gift, or otherwise, with all the privileges thereunto belonging, for the only use and benefit of the said Church, and they are hereby, declared capable of suing and being sued, and of using all legal means for defending and recovering any property whatsoever, which they, the said Trustees, may hold, claim, or demand.

And be it further enacted, That when any vacancy or vacancies may occur, in the board of Trustees, by death, removal, resignation, or otherwise, such vacancy or vacancies may be filled  by a majority of the remaining members of the said Board.

Asbury Hill, Speaker of the House of Representatives
Thomas Stocks, President of the Senate

Wilson Lumpkin, Governor

Approval Date: Assented to, December 26, 1831

   November and December 1866

  Pages 103 - 105

An Act to incorporate the Georgia Company, for mining and other purposes. 
______Illegible Text____   of  the General  Assembly of the State of Georgia  passed in  Atlanta, Georgia, at an annual session,
beginning January 13 and ending March 18, 1869.
Section I. 
Be it enacted, etc., That George G. Pride,  S.L.M. Barlow, and such persons as now are, or may become hereafter associated
with them, their successors and assigns, be and they are hereby constituted a body corporate and politic, by the name and style of the Georgia Company, by which name they are hereby made capable in law to have, hold, purchase, receive, work, sell, mortgage, lease, enjoy and retain to them, their successors and assigns, lands, tenements, mines of all characters and chattels of whatsoever kind, as may be deemed by them most conducive to the objects and interests of said corporation, which are  mining and working for gold, minerals and precious stones in Lumpkin and other counties in Georgia. 
[Sidenote: Corporators.]  [Sidenote: Style.]  [Sidenote: Powers.]

Section II. 
That said corporation, by its title aforesaid, may and shall sue and be sued, plead and be  impleaded in any court of this State;
make and use a common seal, altering the same at their pleasure; establish, alter and amend such by-laws and regulations as shall be deemed proper by them, not in conflict with the constitution or laws of this State or the United States. 
[Sidenote: May sue & be sued.] [Sidenote: Seal.]  [Sidenote: By-laws.]

Section III. 
The capital stock of said company shall be one million of dollars, with the right to increase the same, by a vote of a majority
of the stock, to any sum not exceeding five million of dollars, which stock may be paid either in money or real estate the same  to be divided into such number of shares as said corporation may determine; said shares to be assignable and negotiable under such rules as said corporation may prescribe. 
[Sidenote: Capital.] [Sidenote: Shares.]

Section IV. 
That there shall be annual meetings of the stockholders at such time and place as they may designate, for the purpose of
choosing a board of directors, to consist of not less than three nor more than nine, each of whom shall be a stockholder, and a President and other officers of said corporation, to manage its affairs. 
[Sidenote: Annual meetings.]  [Sidenote: Directors and other officers.]

Section V. 
The said corporation shall have the right, in the prosecution of their mining operations, to divert from their sources and 
channels, the waters of the streams of Clear Camp and Clay creeks, in Lumpkin county, and Little Amicalola, in the county of Dawson, to be used in their said operations; provided, that said company shall not have the right to divert the stream of Clay creek from its channel at any  point above the grist and saw mill of Mrs. Susan Davis, without the free consent of the owner of said mills; and to use the same by constructing canals, ditches, flumes, or  acqueducts of any character whatever, at any point or points as may be deemed necessary, over any land now owned or hereafter owned or leased by them, or any other  lands, subject to such damages or compensation to the owners of such other  lands, as are reasonable and just, in view of the advantages and disadvantages to such owners of such operations, to be ascertained, and payment thereof  enforced  as follows:
The owner or owners of said lands to appoint one arbitrator, the Georgia Company to appoint one, the Justices of the Inferior
Court to select a third, all being freeholders of said  county; and the three, upon an examination of such property and  consideration of such evidence as may be adduced before them, shall, in view of all the facts and of the advantages and disadvantages  resulting to the owners of such land, assess just and reasonable damages arising from such act of said company.   In the event of the neglect or refusal of either party to appoint an arbitrator, or in case, from any cause, they fail to make an award, a majority of the Justices of the Inferior Court of the county where said land lies shall, upon the application of said company, appoint arbitrators who shall assess the damages as above provided, and the arbitrators selected in either of these ways, all being freeholders of said county, shall return their award into the Clerk's office of the Superior Court of said county, upon which award said clerk  shall issue an execution against said company for the damages and costs, which may be collected without any reference to any stay or relief law, said award to be final and conclusive between the parties; upon  payment of which, with the costs, either to such owner or into said clerk's office by said company, they may enter upon such property and proceed with said work.   All  water courses so ditched, flumed, or turned, may flow over any adjacent property, damages for the same to be assessed in same manner as hereinbefore provided. 
[Sidenote: Right to divert waters.]  [Sidenote: Proviso.] [Sidenote: Right of controlling waters.] [Sidenote: Arbitration.] [Sidenote: Clerk Sup. Court shall issue execution upon award.]

Section VI. 
Said company are authorized to construct and use such wagon road or railroad as may be deemed by them necessary for the
successful mining of their lands, over and along public roads the same not obstructing the said roads, and on private property, the damage to be assessed as provided for in the foregoing section; and, for the enjoyment of the privileges by this act granted, said company are authorized to use stone and timber upon the lands entered upon by them under the provisions of this act, in such quantities as may be necessary, and the damages to be assessed and collected as hereinbefore provided. 
[Sidenote: May construct wagon road or railroad.] [Sidenote: Damage -- how assessed.]

Section VII. 
That said company shall keep an office at their principal mine in Lumpkin county, which, for all judicial purposes, shall be
deemed its location; and also one in the city of New York, if they choose. 
[Sidenote: Location.]

Section VIII. 
That all the property, real and personal, of said company shall be liable for its debts, and the private property of the stock
holders shall be liable for the debts of the company, to the amount of stock subscribed and not actually paid in at the time of the commencement of any suit against them. 
[Sidenote: Liabilities.]

Section  IX. 
That this act shall continue in force for thirty years from and after its passage, and the privileges and franchises granted by
this charter shall not be withdrawn for ten years after the passage of this act; provided, that nothing in  this act shall prevent either party from appealing to a jury.

Approval Date: Assented to 12th December, 1866.

  1870
  Page 105 - 107

An "act to incorporate the Americus Manufacturing Company" and   "The Fort Valley Manufacturing Company," and to confer certain powers and privileges thereon.
Section 1. 
The General Assembly of the State of Georgia do enact, That  W.W. Barlow, B.C. Mitchell, Frank M. Coker, H. J. Walker, William Sirrine, P.F. Brown,  and such other persons as may be appointed with them, be, and they are hereby, constituted a body politic and corporate, by the name of the "Americus Manufacturing Company," and by that  ___ illegible text ___  shall be able and capable to sue and be sued, to plead and be impleaded, and implead in any Court whatever; and may have and use a common seal, and may alter and renew the  same at pleasure; and the said body incorporate shall have all the powers, facilities, franchises and rights necessary and proper for the manufacturing of cotton and wool, for the grinding of grain, and for the manufacture and repair of machinery, for the erection of mills and other buildings and fixtures necessary for the operation of the business of said Company; and shall have power and authority to purchase, lease and hold any property, real, personal and mixed, which may be deemed  by said Company necessary for its purposes. 

[Sidenote: Corporators] [Sidenote: Style, may sue, &c.] [Sidenote: Seal, powers.]

Section 2. 
The capital stock of said Company shall be forty thousand dollars, divided into shares of one hundred  dollars each; and said Company shall have the right at any time to increase said capital stock to any sum not exceeding one million of dollars. 

[Sidenote: Capital stock -- may increase.]

Section 3. 
Books of subscription to the capital stock of said Company may be opened at such times and such places as the Directors may deem expedient, which subscriptions shall be paid in cash, in installments, as called for by the Board of Directors. 

[Sidenote: Books of subscription may be opened.]

Section  4. 
That in all meetings of the stockholders of said Company, each share of the stock shall entitle the holder to one vote, to be given in person or proxy, and said shares shall be considered as personal property, and shall be transferable in such manner as may be provided by the by-laws of said Company. 

[Sidenote: Votes.] [Sidenote: Shares are personal property.]

Section 5. 
The affairs of said Company shall be managed by the persons named in the first section of this act, and a majority of them, who are hereby constituted Directors of said Company until Directors shall be elected as hereinafter provided. 

[Sidenote: By whom managed.] [Sidenote: Directors.]

Section 6. 
That the affairs of said Company shall be managed  by a Board of Directors, to consist of six persons, four of whom shall constitute a quorum, and they shall be elected annually by the stockholders on such day and time as may be fixed by the by-laws, and one of the Directors so  elected shall be then elected President, a majority of the votes of Directors being necessary to a choice -- the  election to be held at the first regular meeting after the organization of the said Board, and annually thereafter, on such day and time as may be fixed by the by-laws of said Company -- and the  President shall have such powers and authority, and  perform such duties as President as may be prescribed by the by-laws, and the Directors shall continue in office until their successors are installed, and shall have power to appoint all subordinate officers, agents and servants of said Company necessary to the management of its affairs, and remove all the employees of said Company, the President included, and to fill all vacancies that may occur in the Board of Directors, or in the offices of said Company, by death, resignation or otherwise; to call in from time to time, as they may deem  proper, such installments on the capital stock as may remain unpaid; to manage and conduct all its business of every kind; to borrow money, as in their judgment the exigencies of the Company may require. 

[Sidenote: Affairs -- by whom managed -- quorum.] [Sidenote: President -- election.] [Sidenote: Powers of President.] [Sidenote: Term of office of Directors.] 
[Sidenote: Installments.] [Sidenote: Negotiate loans.]

Section 7.
In the event that any of the subscribers to the capital stock of said Company shall fail to pay any installment or installments which may be required by the Board of Directors on the stock subscribed for, or held in their names, then the Board of Directors shall have power to declare said unpaid stocks forfeited to said Company, and said defaulting subscriber or subscribers, or those holding said  stock, shall be henceforth barred against all right of recovery from said Company for the stocks so forfeited; Provided, Said  Board of Directors shall, before said forfeiture, give to said delinquent subscriber or subscribers, or person holding stock, at least thirty  days' notice. 

[Sidenote: Subscribers failing to pay.]  [Sidenote: Unpaid stock forfeited.]  [Sidenote: Recovery barred.]  [Sidenote: Proviso.]

Section 8. 
That the provisional Board of Directors, authorized by this act, shall call a meeting of the stockholders in said Company, to be held in Americus, at such time as they may deem expedient, which meeting, when assembled, shall proceed to elect a permanent Board of Directors, a majority of the stockholders voting necessary to a choice.

[Sidenote: Meeting of stockholders -- where held.] [Sidenote: Permanent Board.]

Section 9. 
The Directors of said "Americus Manufacturing Company" may make, ordain and establish such by-laws, rules and regulations as they may deem necessary and expedient to carry into effect the objects of the Company; Provided, Such by-laws, rules and regulations are not inconsistent with the laws of this State or the United States. 

[Sidenote: By-laws.] [Sidenote: Proviso.]

Section 10. 
That said corporation shall not commence business until the capital stock shall be subscribed & ten percent paid in

[Sidenote: Business -- When commenced.]

Section 11. 
That the individual property of each stockholder shall be liable for the debts of said Company, to the amounts respectively subscribed by them and not paid in at the time any suit shall have commenced. 

[Sidenote: Liability of stockholders.]

Section 12. 
The same powers and privileges as conferred by this bill upon the Americus Manufacturing Company be, and the same are hereby, conferred upon the Fort Valley Manufacturing Company, which Company shall be composed of the following named gentlemen and their successors:  D.W. Vipsher, W. J. Anderson, Glenn Vipsher, W.A. Mathews and O.H. Miller, and such other persons as may be associated with them. 

[Sidenote: Provisions extended to Fort Valley Mining Co.] [Sidenote: Successors.]

Section 13. 
Repeals conflicting laws.

Approval Date: Approved February 25, 1869.

Page: 79 - 81
Sequential Number: 066

Law Number: (No. 66.)

An Act to incorporate the Bank of Americus, in the city of Americus, Georgia.
Section 1. 
The General Assembly of the State of Georgia do enact, That W.W. Barlow, William Hooks, W.T. Davenport, Samuel H. Hawkins, Thomas G. Bryan,  F.M. Coker, and Moses Speer, with their associates and successors be, and they are hereby, constituted and made a body corporate and politic, under the name and style of the Bank of Americus, and by this name they shall have power to sue and be sued, to hold and possess any species of property, real, personal, or mixed, and to sell and dispose of the same at pleasure; to discount notes and drafts; to buy and sell bills of exchange; to receive deposits upon terms agreed upon by the parties; (Provided, the rate of interest shall not exceed that allowed  by  law,) to make advances and loans upon  property, both real and personal, to corporate bodies, to merchants, to farmers on growing crops, or to other  parties to deal in  the precious  metals, bonds, stocks, or choses in  action, claims and rents;  to acquire any  franchise by purchase or otherwise; to do a general banking business, and to perform all such acts to enforce the payment or fulfilment of any contract made to or with it. 

[Sidenote: Corporators.]  [Sidenote: Style.] [Sidenote: General powers.]

Section 2.
The capital stock of said bank shall be one hundred thousand dollars, with power in the stockholders to increase it to an amount not exceeding five hundred thousand dollars, to be divided into shares of one hundred dollars each.  Certificates of stock shall be issued to each stockholderfor the number of shares owned by him, which shall be transferable only on the books of the company under such regulations as they may establish, and the stock of each stockholder shall at all times be bound for the debts he may owe to the company.   The individual property of the stockholders at the time of suits shall be liable for the ultimate payment of the debts of the company in proportion to the amount of stock owned by each stockholder.

Section 3. 
The officers of said company shall consist of a president and four directors, a cashier and such minor officers as they may deem necessary for the efficient management of their affairs.   The president and directors shall be elected annually on the first Wednesday in October, and shall hold their offices for one year, and until their successors are elected and take their seats.   They shall have the general arrangement and control of the affairs of said company, subject to the supervision of the stockholders at their regular meetings. 

[Sidenote: Company officers.]  [Sidenote: Annual election.]

Section 4. 
The cashier shall be elected by the board of directors, and shall give bond in such sum as they may direct. It shall be the duty of the cashier to keep safely all moneys, notes, bonds, bills or other property committed to his care, or that shall come into his possession in the regular course of business; he shall have power to bind the company by signing notes, bills, checks, receipts or certificates of deposit, in conducting the business of the bank. 

[Sidenote: Cashier elected -- how and duties of.]

Section 5. 
The said company shall have power to make all such by-laws and rules for conducting their business as they may deem necessary and expedient, and not in conflict with the laws of this State.   They shall also have power to establish agencies at any point they may deem proper. 

[Sidenote: By-laws, etc]

Section 6. 
The persons herein named as corporators shall meet and organize within twelve months after the passage of this act, and they may commence business as soon as fifty thousand dollars in lawful currency of the United States shall have been paid in by the stockholders. 

[Sidenote: Organize -- when.]

Section 7. 
The annual meeting of the stockholders of the company shall be held at their banking-house in the city of Americus, on the first Wednesday in October, annually; and in all meetings of the stockholders and in all elections each stockholder shall be entitled to one vote for each share owned by him. Stockholders owning a  majority of the stock may call a meeting of the stockholders by giving ten days' notice in one or more of the Americus papers. 

[Sidenote: Annual meetings.]

Section 8. 
The board of directors shall elect from their midst a president, who must always be a stockholder, and no person shall be eligible to the office of president of this company who shall not own in his right at least one hundred shares ($10,000) of the capital stock of this company; failing in which, he shall be disqualified for this office.   The said  W.W. Barlow, Wm. Hooks, W.T. Davenport, Samuel H. Hawkins, Thomas G. Bryant, F.M. Coker and Moses Speer, shall be directors of this company from the organization until the first annual meeting of stockholders, the said meeting to be held as hereinbefore prescribed. 

[Sidenote: President -- eligibility of]

Section 9. 
The board of directors shall make semi-annual statements of the condition of said company on the first Monday in January and July of each year, to its stockholders, and annually to the Governor of this State, of all its debts, liabilities and assets whatsoever, under oath of their president and cashier, before a Justice of the Peace or other officer authorized to administer oaths, and such statement shall be kept in a book for that purpose for further reference. 

[Sidenote: Semi-annual statements.]

Section 10. 
The company shall have a printed copy of this charter placed in a frame in their office, so that all parties may see the same who wish to transact business therewith. 

[Sidenote: Charter must be exposed, etc.]

Section 11. 
This act shall take effect from its passage, and continue in force thirty years.

Section 12. 
All laws and parts of laws militating against this act be, and the same are hereby, repealed.

Approval Date: Approved October 26, 1870.

1870
Vol. 1 -- Page: 283 - 286

Sequential Number: 187

Law Number: (No. 187.)

An Act to incorporate the Americus & Isabella Railroad Company for the purpose of  opening  railroad communication between said places, and for other purposes, and to loan  the credit of the State to the same.
Section 1. 
Be it enacted, etc., That A.S. Cutts, W.A. Hawkins, W.W. Barlow, William Hooks, Thomas Whitsett, Thomas Green and John A. Cobb, and such other individuals as the above named persons shall associate with them, and their assigns, shall hereafter be a body corporate by the name and style of the Americus & Isabella Railroad Company, and by said corporate name shall be capable in law to buy, hold and sell real and personal estate, make contracts, sue and be sued, to make by-laws, to have a common seal, and to do all lawful acts properly incident and belonging to a corporation and necessary and proper for the transaction of the business for which it is incorporated. 

[Sidenote: Corporators] [Sidenote: Style.]  [Sidenote: Powers.]

Section 2. 
Be it further enacted by the authority aforesaid, That the capital stock of said company shall be twelve hundred thousand dollars, divided into shares of one hundred [dollars] each, but may be increased to any sum not exceeding two million dollars whenever it may [be] deemed expedient or necessary by a majority of the board of directors of said corporation for the time being. 

[Sidenote: Capit'l stock]  [Sidenote: Shares.]

Section 3. 
And be it further enacted by the authority first aforesaid, That said corporation be, and it is hereby, authorized and empowered to make, construct and maintain a railroad for the transportation of produce, merchandise and passengers, and any other freight or thing of suitable width and dimensions in the most convenient, proper and practicable course from a point within the corporate limits of the city of Americus, through the counties of Dooly and Worth, to Isabella, or some point east of Isabella hereafter to be  determined upon, on the Albany & Brunswick Railroad, paying to the owners of land, when required, through which the said railroad may pass, a just indemnity to be ascertained as hereinafter provided for, for the value of the land covered  by the railway, and for fifty feet on each side of the same for the procurement therefrom of timber, earth and other materials; and whenever any person shall own land on both sides of the railroad, the company shall be bound to construct and maintain such crossings as may be right and proper and required by said owners; but no person shall be at liberty to cross such railroad, except by such  roads, without the express permission of the corporation. 

[Sidenote: Purposes.]

Section 4. 
And be it further enacted by the authority first aforesaid, That when any person shall feel aggrieved or injured by the said railroad being carried through his lands, or when the said company cannot agree with any person, through or on whose land the said railroad shall be conducted, as to the damage sustained, the amount of such damageor injury shall be ascertained and determined by the written award of three sworn appraisers to be chosen, one by the company, one by the owner, and the third by the two thus chosen, but if such owner shall decline or refuse to appoint an appraiser, then the Ordinary of the county in which the land lies shall make the selection of the appraisers, upon the application of the company, or its agents, and proof that such land owner has declined or refused to make such appointment, the award of the appraisors appointed as aforesaid to operate as a judgment for the amount against the company, and shall be recorded in the Superior Court of  the county wherein the land is situated, at the first term after the award, but  either party shall have the right to file exceptions as provided by the arbitration laws of  this State, and if exceptions are filed, an issue shall be made up and tried by a special jury at the first term after filing of said exceptions; and the decision shall vest in the company the simple title to the land in question, and in the other party a judgment for its value thus ascertained to be enforced by the ordinary process of said county. 

[Sidenote: Persons aggrieved shall have damages awarded by appraisers -- how.]

Section 5.
And be it further enacted, etc., That whenever the said railroad shall intersect any public road, the company shall be bound to construct a safe and substantial bridge or crossing over or across said public road, to be afterwards maintained by said road.

Section 6. 
And be it further enacted, etc., That the said company shall be entitled to operate said railroad by steam power, and shall have the exclusive use of the same for their cars, and if said company shall permit or suffer other companies to use the same, it shall be entitled and empowered to receive and collect such charges for the use of the same as may be fixed by said company. 

[Sidenote: Co. shall have exclusive use of road.]

Section 7. 
And be it further enacted, etc., That any person injuring the property of said company, or who shall throw earth, stones, trees, rubbish, logs or any other matter or thing whatsoever upon the said railroad, which would or might be calculated to injure the property or obstruct the road, shall be punished by indictment as for a misdemeanor, and on conviction may be fined or imprisoned, or both, at the discretion of the court trying the same, and shall also be liable for such damages as may be occasioned thereby, to be recovered by action at the suit of said company, or any person aggrieved, in any court having jurisdiction. 

[Sidenote: Any person injuring or obstructing the road, guilty of misdemeanor -- penalty]

Section 8. 
And be it further enacted, etc., That the said corporation, as soon as one hundred thousand dollars shall have been paid in, shall organize a board of directors, who shall elect, at their first meeting after such organization, one of their number as president, who shall receive such compensation as the said board of directors may determine.  The term of office of the president and directors as aforesaid, and the manner and form of all subsequent selection of  directors, and the number of said directors, and the number of votes to which stockholders shall be entitled, shall be fixed and established by the by-laws, rules and regulations of said corporation, to be framed by them as provided in the first section of this act. 

[Sidenote: Board of directors -- when organized.]  [Sidenote: President's compensation.]

Section 9. 
And be it further enacted, etc., That the board of directors may call for further installments on each share, whenever necessary for the interest of said company, not to exceed one hundred dollars in all of each share, giving at least sixty days' notice, in not less than two public gazettes having circulation in the counties through which said road shall pass, of such call; and any and all stockholders, failing to pay any installment so called for for thirty days after the time designated by such call, shall forever forfeit his stock in said company, and all payments which he may have theretofore made on the stock so forfeited, shall vest in and become  the property of said company, to be disposed in the interest of said road as the board of directors thereof shall determine. 

[Sidenote: Directors may call for further installments -- how.] [Sidenote: Failure to pay such installments -- penalty.]

Section 10. 
Be it further enacted, etc., That certificates of stock shall be issued to the stockholders on the payment of the sum required at the time of subscription, which shall be transferred on the books of the company only, and by personal entry of the stockholder, or his legal attorney or representative only authorized for that purpose. 

[Sidenote: Certificates of stock.]

Section 11. 
And be it further enacted, etc., That said company shall have full power and authority to carry such railroad over and across all  and any rivers, creeks, water-courses that may be in the  ____illegible text ____ thereof, by suitable bridges, or other proper means. 

[Sidenote: May cross rivers.]

Section 12. 
And be it further enacted, etc., That the said corporation shall have the exclusive privilege to construct, keep and build the railroad as aforesaid, during the term of thirty years, the time to be computed from the approval of this act; and after the expiration of said term of thirty years, the General Assembly may authorize the construction of other railroads  between the points aforesaid: Provided, nevertheless, The said Americus & Isabella Railroad Company shall, after the lapse of said thirty years, be and remain incorporated and vested, as to their own work, with all the estate, rights, powers and privileges by this act granted and secured, except the exclusive right aforesaid; but the General Assembly may renew and extend that exclusive right upon such terms as may be prescribed by law, and accepted by said incorporated company.

[Sidenote: Duration of charter.] [Sidenote: Proviso.]

Section 13. 
And be it further enacted, etc., That the Governor of the State be, and he is hereby, authorized and required to endorse the bonds of the said Americus & Isabella Railroad Company, upon the same terms and conditions upon which he is authorized and required to indorse the bonds of the Georgia Air-line  Railroad Company, which terms and conditions are set forth in an act to loan the credit of the State to the Georgia Air-Line Railroad Company, and for other purposes, approved September 21st, 1868; and it shall be the duty of the Governor of  the State to give the said company the benefit contemplated in said act so soon as said company shall have placed itself in the condition required by said act. 

[Sidenote: Gov. to indorse the bonds of such Co.] [Sidenote: Conditions.]

Section 14. 
And be it further enacted, That the said Americus & Isabella Railroad Company shall not sell any bond or bonds upon which may be indorsed the guaranty of the State for less than ninety cents in the dollar. 

[Sidenote: Restriction upon sale of bonds.]

Section 15. 
And be it further enacted, etc., That all laws conflicting with the provisions of this act be, and the same are hereby, repealed.

Approval Date: Approved October 26, 1870.

1870
Vol. 1 -- Page: 350 - 352

 Sequential Number: 227

 Law Number: (No. 227.)

An Act to incorporate the Newnan & Americus Railroad Company, and for other purposes therein named.
Section 1. 
Be it enacted,  etc., That Hugh Buchanan, W.B. Wilkinson, Tollerson Kirby, of the county of Coweta; John L. Dixon, Henry R. Harris, J.M.C. Robertson, of the county of Meriwether; Thomas A. Brown, Isaac Cheney, William A. Danill, of the county of Talbot; Martin L. Bivins, William Drane, J.L. Baker, of Marion county; John R. Respass, Isaac Hart, Seaborn Montgomery, of Schley county; W.W. Barlow, William J. Patterson, Moses Speer, of the county of Sumter, or a majority of them, are hereby constituted a board of commissioners for organizing the Newnan & Americus Railroad Company. 

[Sidenote: Corporators]

Section 2. 
That the capital stock of said company shall be divided into shares of one hundred dollars each, and shall not exceed three millions of dollars. 

[Sidenote: Capit'l stock]

Section 3. 
That the said board of commissioners is hereby required, when the sum of fifty thousand dollars shall have been subscribed to the capital stock of said company, to convene the subscribers to the same, or a majority of them, for the purpose of electing from their own number a board of five directors to manage and control the affairs of said company for one year, or until their successors are elected and installed, and said board of directors, as well as all other boards which may thereafter be elected, shall select from its own number a president, and have power to adopt by-laws for its own control, and to appoint and employ such officers, agents and servants as it may deem proper. 

[Sidenote: Election of directors.] [Sidenote: Of Presid'nt]

 Section 4. 
That at the election hereinbefore provided for, each subscriber to the capital stock of said company shall be entitled to one vote for each share subscribed by him or her, or which he may represent by power of attorney; and in all elections hereafter, each person shall only be entitled to one vote for each share of the capital stock of said company, which he or she may own, or represent by power of attorney, upon which twenty per cent has been paid:  Provided, That no one shall be excluded from voting if the twenty percent  has not been called for. 

[Sidenote: Votes.] [Sidenote: Proviso.]

Section 5. 
That when said board of directors shall have complied with the requirements set forth, and an election for a board of directors shall have been held as provided for in section third of this act, the books of subscription to the capital stock of said company, together with all other books and papers appertaining to the business of said company, shall be turned over to the board of directors, and the functions of said commissioners shall cease and determine. 

[Sidenote: When books to be opened.]

Section 6. 
That whenever the subscribers to the capital stock of said company shall have convened and elected a board of directors under the provisions of section third of this act, they, or their associates and successors, shall be deemed, held and considered a body corporate and politic, under the name and style of the Newnan & Americus Railroad Company, with perpetual succession, and all the  rights, powers, privileges and liabilities common and necessary to such a corporation, and the organization of said  company, shall be complete. 

[Sidenote: Name and style.] [Sidenote: Succession.]

 

Section 7. 
That said company shall have power to construct, maintain, equip and use a railroad from Newnan, in Coweta county, through Greenville, Talbotton, Buena Vista, Ellaville, -- , to Americus, in Sumter county; to accept, purchase, have, lease and convey any property, real, personal or mixed, and to erect such buildings and shops, operate such machinery, and do other things as it may deem proper for its advantage and benefit. 

[Sidenote: Special powers.]

Section 8.
That in all cases where a question of the right-of-way arises, and the company cannot agree with the owner or representative of the land upon which it is proposed to enter, the work of the company may proceed as if there was no disagreement; but in such event, the Sheriff of the county in which said land is located, at the request of either party, shall summon a jury of five disinterested freeholders of said county, who shall assess  the damage to be paid by said company, after being sworn to take into consideration the enhanced value of  said land from the building of said road, and to do justice between the parties, and the finding of said jury  shall be final and conclusive against both parties:  Provided, Each has received from the said Sheriff ten days' notice of the time and place of meeting of said jury, and neither party shall appeal to the Superior Court in ten days thereafter. 

[Sidenote: Questions of right-of-way -- how adjudicated.]

Section 9. 
The right-of-way of said company shall not exceed two hundred feet in width.

[Sidenote: Width.]

Section 10. 
That said company shall have power to receive land in payment or part payment of the subscriptions to its capital stock at such valuation as may be agreed on, or may be assessed by three freeholders, under such rules and regulations as may be adopted by it, and to mortgage, lease, sell or otherwise dispose of said land, as shall be deemed most advantageous to its interest, and said  lands, so received in payment or part payment to the capital stock of said company, shall be free from taxation so long as the legal title thereof remains in said company. 

[Sidenote: Subscriptions -- how paid] [Sidenote: Taxation.]

Section 11. 
That the Governor of the State be, and he is hereby, authorized and required to indorse the bonds of said Newnan & Americus Railroad Company, upon the same terms and conditions upon which he is authorized and required to indorse the bonds of the Georgia Air-line Railroad Company, which terms and conditions are set forth in an act to loan the credit of the State to the Georgia Air-Line Railroad Company, and for other purposes, approved September 21st, 1868; and it shall be the duty of the Governor of the State to give to the said company the benefit contemplated in said act so soon as said company shall have placed itself in the condition required by said act. 

[Sidenote: Gov. to indorse said R. R. bonds -- terms.]

Section 12. 
That the said Newnan & Americus Railroad Company shall not sell any bond or bonds upon which may be indorsed the guarantee of the State for less than ninety cents in the dollar. 

[Sidenote: Restriction on sale of bonds.]

Section 13. 
That all laws and parts of laws which conflict in any manner with the provisions of this act be, and the same are hereby, repealed.

Approval Date: Approved August 27, 1870.

JULY AND AUGUST, 1872

Vol. 1 -- Page: 378 - 379
Sequential Number: 251

Law Number: (No. 251 -- O. No. 333.)

 

An act to incorporate the European-American Transportation Company, between the ports of Georgia and the ports of foreign nations, for the development of direct trade, the encouragement of immigration, and for other purposes.
Section 1. 
Be it enacted by the General Assembly of the State of Georgia, That Archibald H. Cole, John Screven, George H. Hazlehurst, Julian Hartridge, Henry Bryan, William Grayson Mann, Edwin DeLeon, John McMahon, Nelson Tift, James Hunter, Henry R. DuBignon, Samuel L. M. Barlow, Thomas L. Snead, Eugene Kelley, and their associates, are hereby constituted a body corporate, by the name of the European-American Transportation Company. 

[Sidenote: Corporators] [Sidenote: Name.]

Section 2. 
That the capital stock of said company shall be two millions of dollars, to be divided into shares of one hundred dollars each, and the said company are hereby empowered to increase their capital stock at any time, not to exceed five million dollars. 

[Sidenote: Capital stock.]

Section 3. 
That books of subscription for the capital stock of said company may be opened under the supervision and direction of the above-named corporators, or any three of them, and persons not citizens of the United States may subscribe thereto, and such shareholders shall, in all matters pertaining to the  rights, privileges and property of the said company, stand on an equal footing with citizens of the State of Georgia. 

[Sidenote: Subscription books.]

Section 4. 
That when one hundred thousand dollars shall have been in good faith subscribed to the capital stock of said company, and ten per centum thereof shall have been paid in, the shareholders shall proceed to organize said company by the election of a board of directors, to consist of not less than seven shareholders, and who shall hold office for one year, and until their successors shall be duly elected and qualified.  Each stockholder shall, at all elections, be entitled to one vote upon each share held by him, to be given in person or by proxy. 

[Sidenote: Election.]

Section 5. 
That the board of directors of said company shall have power, from time to time, to make and establish such by-laws, rules and regulations as they shall judge proper for transacting, managing and directing the affairs of the corporation: Provided, That the same are not repugnant to the Constitution or laws of this State or the United States. 

[Sidenote: By-laws, etc]

Section 6. 
That the said corporation shall have power to build, buy, hold, own, employ and charter sea-going vessels propelled by steam, or sail, or both, and to employ, run and maintain the same on such routes as they may elect, between the ports of Georgia and the ports of foreign nations, and to trade, traffic and barter, buy and sell merchandise, and in general to enjoy all commercial rights and privileges equally with citizens of this State, and to buy and sell, hold and enjoy such real and personal property as may be necessary for the proper exercise and enjoyment of the powers and privileges by this act conferred upon said company, or to promote the objects of its incorporation. 

[Sidenote: General powers.]

Section 7. 
That the main office of the company shall be at Savannah, Georgia, with branch offices at such places as the board of directors may name. 

[Sidenote: Principal office.]

Section 8.
That no stockholder of said company shall be liable for its debts beyond the amount of his unpaid subscription to its stock, and any corporation in this State may subscribe to the stock of said company. 

[Sidenote: Liability.]

Section 9. 
That subscriptions to the stock may be paid in ships, vessels or other property, at such valuation as the stockholders may put thereon. 

[Sidenote: Subscriptions.]

Section 10. 
That this act shall continue in force twenty-five years from the date of its passage. 

[Sidenote: Charter.]

Section 11. 
Repeals conflicting laws.

Approval Date: Approved August 26, 1872.

1873
Vol. 1 -- Page: 82 - 85

Sequential Number: 091

Law Number: No. XCI. -- (O. No. 236.)

An Act to incorporate the Brunswick Loan and Savings Bank of Brunswick, Georgia.
35.  Section I. 
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 Newton S. Finney, Thomas L. Sneed, Oliver King, Charles E. Lewis, S.L.M. Barlow,  W.F. Stewart, John Nichols and John E. DuBignon, of Georgia, and such other persons as may hereafter be associated with them and their successors and assigns, are hereby created a body corporate under the name of the Brunswick Loan and Savings Bank, and by that 
name have perpetual succession, and may sue and be sued in any Court whatever, with such powers and privileges as are hereafter provided. 
[Sidenote: Corporators.] [Sidenote: Brunswick Loan and Savings Bank.] [Sidenote: General powers.]

36. Section II. 
That the capital stock of said corporation shall not exceed one million of dollars, said stock to be divided into shares of one hundred dollars each, and when one hundred thousand of the said capital stock shall have been subscribed, and fifty thousand dollars of it in cash actually paid in, the said corporation may organize and proceed to business under this Act. 

[Sidenote: Capital stock.] [Sidenote: Shares.]

37. Section III.
That said corporation shall have power to make advances for the purpose of developing the agricultural, mechanical, manufacturing, mineral and commercial resources of the country, in loans or mortgages on real or personal property, and by liens on crops to be raised. It shall also have power to receive deposits of money orother valuables and issue certificates therefore; to buy and sell bonds, stocks and securities generally, bills of  exchange and promissory notes, and to advance and loan moneys, securities and credits; may charge and receive commissions on advances of money, and for negotiating loans, upon such terms and conditions as may be agreed upon, and such commissions or interest may be made payable in money or in a share of the  products or profits of the property given or pledged as security for such loans and advances, or partly in money and partly in a share of such products or profits, without creating any partnership or joint liability between said corporation and the said party or parties, and said corporation shall have power to take and hold as security for or in payment of any loans or advances made, mortgages, crop-liens or other instruments or obligations upon or affecting real, personal, or mixed property, and may cancel or assign the same; and said corporation shall have power to purchase, hold, sell, exchange and convey lands or other property of any nature, and may execute and issue all such receipts, certificates, contracts or other instruments of writing as may be necessary for the transaction of its business; said corporation may, at its discretion, guarantee the payment of the principal or interest, or both, of any notes, bonds  or bills of exchange, or other evidences of debt of individuals or bodies corporate, and receive such compensation therefore as may be agreed upon between the parties. 

[Sidenote: May make advances to develop agricultural, etc., resources.] [Sidenote: May buy and sell bonds, exchange, etc.] 

[Sidenote: May charge interest and commissions.] [Sidenote: May take mortgages, crop-liens, etc.] [Sidenote: May buy, hold or sell real or personal property.]

38. Section  IV. 
That said corporation shall have power to receive moneys in trust or on deposit, and to invest or accumulate the same at such rates of interest as may be obtained or agreed upon; shall have power to accept and execute all such trusts of every description as may be committed to it by any person or persons, or any corporation whatever, or may be  committed or transferred to it by an order or decree of any Court, and shall have  power  to  take or accept  by  grant,  assignment,  transfer,  devise  or  bequest,  and  hold  any real or personal estate or trusts created  in accordance with the laws of this State, and execute such legal trusts in regard to the same on such terms as may be declared, established or agreed upon in regard thereto; and the  said corporation shall and are hereby authorized to act as trustees by appointment of any Court of the State. 

[Sidenote: May receive money in trust.]

39. Section V. 
That any corporate bodies or joint stock companies, so desiring, be allowed to subscribe to or become stock- holders in said corporation, and to exercise and enjoy all the rights and privileges accorded or belonging to individual subscribers or stockholders; and thus, aliens, or persons residing in foreign countries, or citizens of other countries, be and are hereby  placed on the same footing with citizens of Georgia, so far as their interest in said corporation is concerned. 

[Sidenote: Corporate bodies may be stockholders in this bank.] [Sidenote: Aliens, etc., may be.]

40. Section  VI. 
That W.F. Stewart, Oliver King and  S.L.M. Barlow,  or any two or more of them, shall and they are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such time  and place and for such amounts as they shall deem proper; but for no less amount than one hundred thousand dollars, as herein provided. The board of directors of said corporation, consisting of not less than five stockholders, shall be elected by a majority in interest of the stockholders of the corporation voting at said election, to be held under the inspection of said commissioners, or any two of them, at such place and time as they may deem best. 

[Sidenote: Books of subscription.]

41. Section VII. 
That the said directors shall have power to establish agencies for the transaction of the business of said corporation, at any place they may think proper, and to appoint all such agents, officers or employees as may be considered necessary, and may delegate power to transact any of its business to committees of directors, or to its officers or agents, as they shall deem proper; and said directors shall have power to make rules, regulations and bylaws for the management and direction of the affairs of the company, in accordance with the laws of Georgia, and may adopt a corporate seal, and change the same at pleasure:  Provided, always, that the stockholders in convention shall have power to regulate and limit the discretionary powers of the board of directors, and repeal, alter or amend any by-laws or regulations which may be enacted or established by the board of directors. 

[Sidenote: Agencies may be established.]  [Sidenote: Officers and agents.]

42. Section VIII. 
That the minutes of the proceedings of the board of directors shall be kept, and the same entered in a book and signed by the president, or presiding officer of the board. Stockholders shall be entitled to certificates of their respective shares of capital stock, which shall be transferable, as provided in said certificates.  Only that they cannot be transferred so long as the stockholders may be indebted or liable to the said corporation. The stock of each stockholder shall always be bound for any debts matured or maturing; that the stockholders may owe or be liable for to said corporation, either by indorsement, acceptance or otherwise, and the board of directors shall cause  suitable books for the registry and transfer of such shares to be kept; and every  such transfer, to be valid, shall be made on such books, and be signed by the stockholder or his or her attorney, duly authorized, in writing; and the board of directors may close the transfer books, from time to time, as the convenience of the corporation may require. 

[Sidenote: Proceedings of board of directors to be recorded.] [Sidenote: Stockholders, liabilities of.]

43. Section  IX. 
That the board of directors, out of the funds of said corporation, shall defray its expenses and pay its debts, and may declare and pay out of its surplus net profits of its business to its shareholders or their duly authorized attorneys, such dividends as they shall deem expedient. 

[Sidenote: Debts and expenses.] [Sidenote: Dividends.]

44. Section  X. 
That any number of these stockholders of said corporation who own or represent at the time one-quarter of the actual capital  stock may, by giving ten days notice thereof, in at least one newspaper published in the city of Brunswick, call a meeting or convention of all the stockholders of the corporation at such time and place as may be in said call designated, but no act of the stockholders in convention, except the election of directors, shall be valid or binding on the corporation unless a majority of the stock shall be represented. 

[Sidenote: Convention of stockholders, may be called, how.]

45. Section XI. 
That the board of directors shall make semi-annual statements of said company on the first Wednesday in January and July of each year to its stockholders and to the Governor of the State, of all its debts, liabilities, assets, whatever, under oath of their president and cashier, before a Justice of the Peace or other authorized official, and such statement shall be kept in a book for that purpose for future reference. 

[Sidenote: Semi-annual statements.]

46. Section XII. 
That the property of said corporation of every description whatever shall be liable for the debts of the company, and each stockholder shall be liable for the debts of the bank, created while he is a stockholder in said company, in proportion to the amount of stock subscribed or held by him. 

[Sidenote: Property of corporation liable for debts.]

47. Section  XIII. 
That this Act shall take effect immediately after its passage, and shall continue in force for thirty years thereafter. 

[Sidenote: Charter to run 30 years.]

Section  XIV. 
Repeals conflicting laws.

Approval Date: Approved February 22d, 1873.

1873
Vol. 1 -- Page: 82 - 85

Sequential Number: 091

Law Number: No. XCI. -- (O. No. 236.)

An Act to incorporate the Brunswick Loan and Savings Bank of Brunswick, Georgia.
35. Section I.
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 Newton S. Finney, Thomas L. Sneed, Oliver King, Charles E. Lewis, S.L.M. Barlow, W.F. Stewart, John Nichols and John E. DuBignon, of Georgia, and such  other persons as may hereafter be associated with them and their successors and assigns, are hereby created a body corporate under the name of the Brunswick Loan and Savings Bank, and by that name have perpetual succession, and may sue and be sued in any Court whatever, with such powers and privileges as are hereafter provided. 

[Sidenote: Corporators.] [Sidenote: Brunswick Loan and Savings Bank.] [Sidenote: General powers.]

36. Section II. 
That the capital stock of said corporation shall not exceed one million of  dollars, said stock to be divided into shares of one hundred dollars each, and when one hundred thousand of the said capital stock shall have been subscribed, and fifty thousand dollars of it in cash actually paid in, the said corporation may organize and proceed to business under this Act. 

[Sidenote: Capital stock.]  [Sidenote: Shares.]

37. Section  III. 
That said corporation shall have power to make advances for the purpose of developing the agricultural,mechanical, manufacturing, mineral and commercial resources of the country, in loans or mortgages on real or  personal property, and by liens on crops to be raised. It shall also have power to receive deposits of money or other valuables and issue certificates therefore; to buy and sell bonds, stocks and securities generally, bills of  exchange and promissory notes, and to advance and loan moneys, securities and credits; may charge and receive commissions on advances of money, and for negotiating loans, upon such terms and conditions as may be agreed upon, and such commissions or interest may be made payable in money or in a share of the products or profits of the property given or pledged as security for such loans and advances, or partly in money and partly in a share of such products or profits, without creating any partnership or joint liability between said corporation and the said party or parties, and said corporation shall have power to take and hold as  security  for or in payment of any loans or advances made, mortgages, crop-liens or other instruments or obligations upon or affecting real, personal, or mixed property, and may cancel or assign the same; and said corporation shall have power to purchase, hold, sell, exchange and convey lands or other property of any nature, and may execute and issue all such receipts, certificates, contracts  or  other instruments of writing as may be  necessary for the transaction of its business; said corporation may, at its discretion, guarantee the payment of the principal or interest, or both, of any notes, bonds or bills of exchange, or other evidences of debt of  individuals or bodies corporate, and receive such compensation therefore as may be agreed upon between the parties. 

[Sidenote: May make advances to develop agricultural, etc., resources.] [Sidenote: May buy and sell bonds, exchange, etc.] 

[Sidenote: May charge interest and commissions.]  [Sidenote: May take mortgages, crop-liens, etc.] [Sidenote: May buy, hold or sell real or personal property.]

38. Section  IV. 
That said corporation shall have power  to  receive moneys in trust or on deposit, and to invest or accumulate the same at such rates of interest as may be obtained or agreed upon; shall have power to accept and execute all such trusts of every description as may be committed to it by any person or persons, or any corporation whatever, or may be committed or transferred to it by an order or decree of any Court, and shall have power to take or accept by grant, assignment, transfer, devise or  bequest, and hold any real or personal estate or trusts created in accordance with the laws of this State, and execute such legal trusts in regard  to  the same on such terms as may be declared, established or agreed upon in regard thereto; and the said corporation shall and are hereby authorized to act as trustees by appointment of any Court of the State. 

[Sidenote: May receive money in trust.]

39. Section  V. 
That any corporate bodies or joint stock companies, so desiring, be allowed to subscribe to or become stockholders in said corporation, and to exercise and enjoy all the rights and privileges accorded or belonging to individual subscribers or stockholders; and thus, aliens, or persons residing in foreign countries, or citizens of other countries, be and are hereby placed on the same footing with citizens of Georgia, so far as their interest in said corporation is
concerned. 
[Sidenote: Corporate bodies may be stockholders in this bank.] [Sidenote: Aliens, etc., may be.]

40. Section  VI. 
That W.F. Stewart, Oliver King and S.L.M. Barlow, or any two or more of them, shall and they are hereby appointed commissioners to open books of subscription to the capital stock of said company, at such time and place and for such amounts as they shall deem proper; but for no less amount than one hundred thousand dollars, as herein provided. The board of directors of said corporation, consisting of not less than five stockholders, shall  be elected by a majority in interest of the stockholders of  the corporation voting at said election,  to  be held under the inspection of said commissioners, or any two of them, at such place and time as they may deem best. 

[Sidenote: Books of subscription.]

41. Section VII. 
That the said directors shall have power to establish agencies for the transaction of the business of said corporation, at any place they may think proper, and to appoint all such agents, officers or employees as may be considered necessary, and may delegate power to transact any of its business to  committees of directors, or to its officers or agents, as they shall deem proper; and said directors shall have power to make rules, regulations and by-laws for the management and direction of the affairs of the company, in accordance with the laws of Georgia, and may adopt a corporate seal, and change the same at pleasure: Provided, always, that the stockholders in convention shall have power to regulate and limit the discretionary powers of the board of directors, and repeal, alter or amend any by-laws or regulations which may be enacted or established by the board of directors. 

[Sidenote: Agencies may be established.] [Sidenote: Officers and agents.]

42. Section  VIII. 
That the minutes of the proceedings of the board of directors shall be kept, and the same entered in a book and signed by the president, or presiding officer of the board.   Stockholders shall be entitled to certificates  of their respective shares of capital stock, which shall be transferable, as provided in said certificates.  Only that they cannot be transferred so long as the stockholders may be indebted or liable to the said corporation.   The stock of each stockholder shall always be bound for any debts matured or maturing; that the stockholders may owe or be liable for to said corporation, either by indorsement, acceptance or otherwise, and the board of directors shall cause suitable books for the registry and transfer of such shares to be kept; and every such transfer, to be valid, shall be made on such books, and be signed by the stockholder or his or her attorney, duly authorized, in writing; and the board of directors may close the transfer books, from time to time, as the convenience of the corporation may require. 

[Sidenote: Proceedings of board of directors to be recorded.]  [Sidenote: Stockholders, liabilities of.]

43. Section  IX. 
That the board of directors, out of the funds of said corporation, shall defray its expenses and pay its debts, and may declare and pay out of its surplus net profits of its business to its shareholders or their duly authorized attorneys, such dividends as they shall deem expedient. 

[Sidenote: Debts and expenses.] [Sidenote: Dividends.]

44. Section X. 
That any number of these stockholders of said corporation who own or represent at the time one-quarter of the actual capital stock may, by giving ten days notice thereof, in at least one newspaper published in the city of Brunswick, call a meeting or convention of all the stockholders of the corporation at such time and place as may be in said call designated, but no act of the stockholders in convention, except the election of directors, shall be valid or binding on the corporation unless a majority of the stock shall be represented. 

[Sidenote: Convention of stockholders, may be called, how.]

45. Section  XI. 
That the board of directors shall make semi-annual statements of said company on the first Wednesday in January and July of each year to its stockholders and to the Governor of the State, of all its debts, liabilities, assets, whatever, under oath of their president and cashier, before a Justice of the Peace or other authorized official, and such statement shall be kept in a book for that purpose for future reference. 

[Sidenote: Semi-annual statements.]

46. Section  XII. 
That the property of said corporation of every description whatever shall be liable for the debts of the company, and each stockholder shall be liable for the debts of the bank, created while he is a stockholder in said company, in proportion to the amount of stock subscribed or held by him. 

[Sidenote: Property of corporation liable for debts.]

47. Section  XIII. 
That this Act shall take effect immediately after its passage, and shall continue in force for thirty years thereafter. 

[Sidenote: Charter to run 30 years.]

Section  XIV. 
Repeals conflicting laws.

Approval Date: Approved February 22d, 1873

1875
Vol. 1 -- Page: 199

Sequential Number: 188

Law Number: No. CLXXXVIII.

Origin: (O. No. 336.)

 

An Act to incorporate the Merchants' Mutual [Illegible Text] Insurance Company of Georgia, and define its liabilities.
Section I. 
Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, That J.A. Kendrick, J.A. Ansley, R.T. Byrd, W.J. Barlow, Nathan Emanuel, Alexander Windsor, M. Speer,  John  E. Cain and J.W. Sheffield, W.D. Haynes, and their associates and successors, shall be, and they are hereby, incorporated, made, and declared a body politic and corporate, in deed and in law, by the name and style of the
Merchants' Mutual Fire Insurance Company of the State of Georgia, and such body corporate shall have power to make and use a common seal, and the same at will to alter, to make all necessary by-laws not in conflict with the laws of the land, and as such body corporate shall have succession for twenty years, and may sue and be sued, plead and be impleaded, in any court of law or equity in this State; they may purchase and hold real and personal property, and may invest their income and accumulations in stocks and bonds of the