Acts done by

him

fice approved.

or done by him, pertaining to the office of judge of the probate court for Mobile county be, and the same are Geo. W. Bond. hereby approved, ratified and confirmed, so that all lipertain censes of every kind issued by him, all acknowledgments ing to said of of deeds and instruments of writing, all oaths administered and certificates made by him, and all records of deeds and instruments in writing, and all of his acts and transactions are declared to be as valid and binding as if performed by the judge of the probate court for Mobile county.

Preamble.

Approved, November 19, 1866.

For the relief of the Memphis and Charleston Railroad.

WHEREAS, A large portion of the Memphis and Charleston Railroad was injured and destroyed by the late war, M. & C. R. R. and the Company during the existence of the same was deprived of the possession and revenues of the road, and whereas since peace has been restored, the said company obtained possession of the road, and has created a floating debt on short time in order to repair the said road and put it in running order, and in the purchase of a large number of locomotives, cars and materials from the United States, and in the payment of interest on the bonds of the company heretofore issued, and whereas the necessities of creditors aforesaid require payment of their dues before the same can be realized out of the income of the road; to this intent and for this purpose.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the Memphis and Charleston Railroad Company may and shall have the power and authority to May borrow borrow a sum not exceeding one million of dollars for the pay purpose of liquidating and discharging the liabilities

one million dol

lars to debts.

Security.

mentioned in the preamble to this act; and in order to secure the payment of the same, the said company is hereby authorized and empowered to make and issue its bonds in convenient sizes for the sum aforesaid, payable not less than five years nor more than twenty years from date with coupons attached, for the payment of interest

security
2d mortgage

semi-annually at the rate of seven per cent. per annum. SEC. 2. Be it further enacted, That in order more perfectly to secure the ultimate payment of the principal and interest of the bonds, so as to be issued as aforesaid, the said company is hereby authorized and empowered to ex- Additional ecute a second mortgage on its charter, road, works and depots, with all the stipulations and conditions necessary to accomplish the intent and meaning of this act. Saving Its conditions. (however and reserving) the lien heretofore created on Existing Lien. said property by mortgage for the payment of the bonds. therein specified, of which there are now outstanding and Bonds. unpaid, one million two hundred and ninety-four thousand dollars, and the manner in which said bonds and mortgage shall be made and executed, shall be prescribed Bonds and by the board of directors of said Memphis and Charles- Mortgage. ton Railroad Company.

Approved, November 20, 1866.

To change the times of holding the present Fall Terms of the Chancery Courts of Chambers and Tallapoosa Districts, in the Southern Division of the State.

Indebtedness.

How exe

cuted.

counties.

Chancery court.

SECTION 1. Be it enacted by the Senate and House of Chambers and Representatives of the State of Alabama in General Assem- Tallapoosa bly convened, That the present fall terms of the chancery courts of the districts of Chambers and Tallapoosa counties, in the southern division of the State of Alabama, be held as follows. to-wit: in Chambers on Thursday after the first Monday in January, 1867, and held for When and how three days; and in Tallapoosa on the second Monday in January, 1867, and may hold one week, if necessary, to dispose of the business of said district.

Approved, Nov. 21, 1866.

long held.

Name of company.

Powers.

To incorporate the New Orleans, Mobile and Chattanooga Railroad Company.

SECTION 1. Be it enacted by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That Oakes Ames, Peter Butler, William Sprague, James A. Raynor, William S. Williams, Charles Corporators. W. Durant, John M. Courtenay, Charles Walsh, and William O. Winston, and their associates be, and they are hereby incorporated into, and constituted a body politic and corporate, under the name and style of "The New Orleans, Mobile and Chattanooga Railroad Company," and by that name are hereby authorized to have and to hold heal and personal property for the object, purposes and business of said corporation within this State, or within any other State sovereignty or government that may sanction, authorize and permit the same; to make contracts; to sue and be sued; to make rules, regulations, by-laws and ordinances for the management, direction and control of said corporation, not inconsistent with, nor contrary to the laws of the State of Alabama, and to the provisions and conditions stated and set forth in this act; and to have, enjoy and exercise all the rights, powers and privileges pertaining to corporate bodies, and necessary for the objects and purposes of this act, with the privilege and authority to exercise such corporate powers within the said State of Alabama, and also within any other State of the United States that shall recognize the existence of said corporation, and sanction, authorize, or permit the exercise of said corporate powers by said corporation within its limits.

Objects defined.
Line.

Terminus

Mobile Co,

SEC. 2. Be it further enacted, That the general purposes and objects of this corporation, the pursuit and furtherance of which is hereby granted, are hereby defined to be as follows: First. To construct and build, and thereafter to own, maintain, manage and use a railroad, upon such a course, and on such a route, and with such a track or tracks thereupon, as may be deemed by a majority of the directors of said corporation most proper and expedient, and best adapted to and for the public accommodation from some suitable point in the city of Mobile, towards and to any point on the line between the States of Alabama and Mississippi, in the county of

Orleans.

and Tenn. or

Mobile. Second. To construct and build, and thereafter to own, maintain, manage and use, a railroad in like manner in continuation and as a part of the said railroad within the limits of the said State of Alabama, and from its termination within said limit to the city of NewTerminus, Orleans, in the State of Louisiana, through the territory of the States of Mississippi and Louisiana, in such a course, however, and subject to such conditions and terms as may be hereafter imposed, and attended by such rights, privileges and franchises as may be hereafter accorded and granted to the said corporation, by the said States of Louisiana and Mississippi. Third. To construct and build, and thereafter to own, maintain, manage and use a Railroad, upon such a course, and on such a route, and with such a track or tracks, as may be deemed by a majority of the directors of said corporation, most proper and expedient, and best adapted to and for the public accommodation, from some suitable point in the city of Mobile, towards and to any point on the Terminus. line between the State of Alabama and the State of Ten- State line, Ala. nessee, or towards and to any point on the line between Ala, and Ga. the State of Alabama and the State of Georgia. Fourth. To construct and build and thereafter to own, maintain, manage and use a railroad, in like manner, in continuation and as part of the said railroad, within the limits of the said State of Alabama, last above mentioned, and Terminus, from its termination within said limits to Chattanooga, in the State of Tennessee through the territory of the States of Georgia and Tennessee, or either of them, in such a course, however, and subject to such conditions and terms as may be imposed by and attended by such rights, privileges and franchises as may be accorded and granted to the said corporation by the said States of Tennessee and Georgia, or either of them. Fifth. To take, transport, carry and convey persons and property upon said railroads, or either of them, by power of steam, Transportaor by any other power, and to receive for such transportation, carriage and conveyance, such tolls and charges Tolls and as shall be, from time to time, established, fixed and regulated by the directors of said corporation.

Chattanooga.

tion.

charges.

Property of

SEC. 3. Be it further enacted, That the said corporation is hereby authorized to take, receive by grant, bequest or gift, and to own and possess any real and per- company. sonal estate that may be granted, devised or given to it, by or from any person or persons, corporation or associa

tion, and to obtain by purchase, and to own and possess any real and personal estate that may be necessary and convenient for the construction, maintainance and management of the said railroads, whether such real and personal estate may be situate, or may be granted, devised, given or obtained by purchase, within the limits of the State of Alabama, or elsewhere; and for the purpose of constructing said railroads, within the State of Alabama, the said corporation are hereby authorized to lay out their said railroads, or either of them, not exceedWidth of road. ing two hundred feet wide, and to construct the same through and upon any lands of the State of Alabama; and also, to take and hold for the same and for the purpose of necessary depots, stations, cuttings, turnouts, and for obtaining stone, and gravel, and timber for the construction of said railroads, any lands belonging to the said State of Alabama, and extend along or adjacent to the route or course of said railroads, that may be necessary for the construction, maintainance and security of said railroads; and said corporation is also hereby authorized to lay out their said railroads, or either of them, within the State of Alabama, not exceeding two hundred feet wide, upon any lands within said State, and to take and possess the same, and for the purpose of necessary turnouts, depots, cuttings and embankments, and for obtaining stone, gravel and timber for the construction and maintainance of said railroads, to take and possess as much more lands as may be necessary for the construction, maintainance and security of said railroads; Provided, That all damages that may be occasioned, or that may arise to any person or persons, corporations or associations, other than the said State of Alabama, by the Compensation taking of such lands and material for the possession and use of said corporation as aforesaid, shall be paid for in the manner provided in this act.

Depots.

for property ta

ken.

Directors.

SEC. 4. Be it further enacted, That the corporate pow ers of the said corporation shall be exercised, and the business, and business affairs, shall be conducted and managed by nine Directors to be elected annually by the stockholders of said corporations, at such time and place as may be hereafter named and designated in the Corporators, by-laws of said corporation, and the persons herein named as corporators shall be directors for the first year, and until others are appointed or elected to fill their places. All elections for Directors shall be by ballot,

directors for first year.

Electors.