commissioners before appointed, or any three of them, shall issue to him the said Wingfield, license to erect one gate only, which shall be one half mile from Tennessee river, and that the 26th section of an act passed February, 1848, chapter 218, be and the same is hereby repealed.

SEC. 13. Be it enacted, That the said Joseph L.
Wingfield shall complete his road from his gate to the
Camden and Paris road, as is provided for in the 26th
section of an act passed February 3rd, 1848.

LANDON C. HAYNES,
Speaker of the House of Representatives.
JOHN F. HENRY,

Passed January 30, 1850.

Speaker of the Senate.'

CHAPTER XXVII.

An Act granting certain powers to the County Courts.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That in all cases where an infant, idiot, lunatic, or other person having a Guardian appointed pursuant to the laws, by any of the County Courts of this State, shall actually reside in any other county in this State, than the one in which such guardianship shall have been granted, whether such infant, idiot, lunatic or other person resided in the county first granting the guardianship at the time of the grant, or not, the guardianship shall be removed into the county of the actual residence, by order of the County Court first granting the guardianship, upon the petition of the infant, idiot, lunatic or other person, by next friend; which petition shall briefly state the reasons for the removal of the guardianship; that a suitable person has been appointed Guardian for such infant, idiot, lunatic or other person, by the County Court of the county of the actual residence, and shall be sworn to by the next friend, and a copy of which shall be served on the Guardian at least five days before the hearing of the petition, and said petition shall be heard at the first term of the County Court after such service.

Guardianship

SEC. 2. That upon the hearing of the petition, if a certified copy of the order appointing the guardian by may be reno.ed

the county court of the county of the actual residence, and a certified copy of the bond given by such guardian, with a certificate of the clerk of such court, that said bond was signed and acknowledged in open court, and the certificate of the court signed by the chairman, that the guardian is a suitable person, and that the surety is good for the penalty of the bond be produced to the court by the next friend, the court shall make an order for the removal of such guardianship to the county of the actual residence of such infant, idiot, lunatic or other person, and that the first guardian possess and deliver to the guardian of the residence the entire estate of the infant, idiot, lunatic or other person, which when done shall be a full discharge to the first guardian and his sureties.

LANDON C. HAYNES, Speaker of the House of Representatives. JOHN F. HENRY,

Passed, January 10, 1850.

Speaker of the Senate.

CHAPTER XXVIII.

An Act to authorize Administrators, Executors, and Guardians of any county which has been organized and subsequently dissolved, to make settlements.

SECTION 1. Be it enacted by the General Assembly of the State of Tennessee, That from and after the passage of this act, all administrators and guardians appointed by the county court of any county which has been organized and subsequently dissolved, and all executors who may have been qualified by such county court, who may not have settled and closed the business of their respective trusts before the termination of the existence of such county, shall and they are hereby authorized and required to make settlements with the county court clerks of the respective counties, which would have had jurisdiction, to appoint such administrators and guardians, and to qualify such executors, if such county had never been organized.

SEC. 2. Be it further enacted, That upon the failure of any administrator, guardian, or executor, as aforesaid, to make the settlements hereinbefore required to be made, the clerks of such county courts respectively,

upon reliable information of the fact, are hereby required to issue a subpoena for such delinquent administrator, guardian or executor, as in other cases.

LANDON C. HAYNES,

Speaker of the House of Representatives.
JOHN F. HENRY,

Passed November 8, 1849.

Speaker of the Senate.

CHAPTER XXIX.

An Act to incorporate the Shelbyville, Richmond, Petersburg and Fayetteville Turnpike Company.

SECTION 1. Be it enacted by the General Assembly of the Incorporation. State of Tennessee, That all persons who shall become stockholders in the way and manner hereinafter mentioned, shall be, and they are hereby constituted a body corporate, by the name and style of "The Shelbyville, Richmond, Petersburg and Fayetteville Turnpike Com pany," and by that name may sue and be sued, plead and be impleaded, and have and enjoy all the rights, privileges and powers appertaining to bodies politic and corporate, by law, and shall have succession for ninety-nine years.

SEC. 2. That the capital stock of said company shall Capital Stock. be seventy thousand dollars, with the privilege of increasing it to one hundred thousand dollars, if it should be necessary to the completion of the road; said capital stock to be divided into share of fifty dollars each.

SEC. 3. That the following persons shall be commis- Commissioners. sioners for the purpose of opening books for subscription of stock in said company, at the following places to wit: -At Shelbyville, Dr. George W. Fogleman, Dr. John A. Blakemore, John T. Neal, John W. Hamlin Esq., D. L. Baringer and A. J. Greer. At Richmond, Isaac S. Davidson, Alsa Freeman, and Cyrus N. Allen. At Petersburg, Stephen Hart, David R. Smyth, Alexander A. Greer, Barnabas Metcalf and Capt. William Crunk. At Fayetteville, John Goodrich, Alfred Smith, James R. Chilcot, Pryor Buchanan and William Southworth; any two of the above named persons shall be competent to open books at any one of the abovenamed places. The said commissioners shall give twenty days notice of the time of opening said books, and so soon

Elections.

Quorum

Route.

Style of road.

as twenty thousand dollars of the stock is subscribed, they shall call a meeting of the stockholders, by giving twenty days notice in some newspaper published in the vicinity of the road, which meeting shall be held at Richmond, and at said meeting, said stockholders, or a majority of them being present in person, or by proxy, shall elect seven directors, who shall be stockholders, and said directors shall choose one of their body President, and said President and directors shall continue in office for one year, and until their successors shall be elected and qualified, which shall be done at the end of each year from the time of their first election, of which thirty days notice shall be given in some newspaper published in the vicinity of said road. The said Directors and President shall have all the powers and perform all the duties designated by the act of 1835, ch. 15, incorporating the Lebanon and Nashville turnpike company; and the said body corporate shall have and enjoy, and possess all the rights, powers and privileges, subject to the same conditions, limitations and restrictions granted to, and imposed upon the Lebanon and Nashville turnpike company, by virtue of the charter granted the 12th day of February, 1836, except so far as the provisions of this act and the laws of the State come in conflict with the same.

SEC. 4. That the President and Directors, or any five of them, shall be sufficient to transact any ordinary business; and all vacancies happening in the board between the regular meetings of the stockholders, shall be supplied by the directors, two thirds being present.

SEC. 5. That immediately after the election of the directors, they or a majority of them, or such persons as they may appoint, shall proceed to designate and mark out a route from Shelbyville, passing through the town of Richmond and Petersburg, to the town of Fayetteville, and each director or person so engaged in marking out said road, shall be allowed two dollars each day necessarily engaged in the same.

SEC. 6. That said road shall be opened at least thirty feet, and graded sixteen feet, with ditches at each side to carry off the water; the surface shall gradually descend from the centre to the ditches; it shall be gradally paved with stone or gravel, and shall have substantial and sufficient bridges wherever they are necessary. SEC. 7. That the directors elected under this act, shall Subscription of cause the books for subscription of stock to be kept open under the superintendence of such persons as they may appoint, at the places before mentioned, or any other places as they may appoint for the subscription

stook.

of stock, and if at the end of thirty days after the election of said directors, they shall deem that there was not enough of stock subscribed to build said road, they may proceed to have the making of each half mile or mile of said road, or so much thereof as they may think proper valued, and any person or persons undertaking any such half mile or mile of said road, shall be credited on the books of the company, with an amount of stock equal to the valuation of making said mile or half mile of road, and certificates of stock shall be issued as though the money had ben paid.

SEC. 8. That in the event of any person or persons Work forfeited undertaking any part of said road in pursuance of the above section, and failing to have the same finished within the time, he, she or they contracted to have the same done, all the work that he, she or they may have done, shall be forfeited to the company.

SEC. 9. That whenever five miles of said road is Toll gates. finished, beginning at Shelbyville, said company may erect one toll gate, and continue to erect one toll gate for every additional five miles of said road completed, according to the intent and meaning of this act; but no toll-gate shall be erected nearer Shelbyville or Fayetteville, than one and a half miles.

SEC. 10. That the said company are authorized to Rates of Toll demand and receive toll at each gate, not exceeding the following rates, to wit: For every twenty head of hogs, ten cents; for every twenty head of horned or neat cattle, twenty-five cents; for every twenty-five head of sheep, ten cents; for every horse or mule led or in a drove, three cents, and so in proportion for any greater or less number of the above named animals; for every pleasure carriage drawn by two horses or mules, twenty-five cents, if drawn by three or more horses or mules, thirty-five cents; for every carriage, wagon or cart, drawn by one horse or mule, ten cents; for every loaded wagon, drawn by two horses, mules or oxen, fifteen cents; for the same, empty, ten cents; for every loaded wagon drawn by three horses, mules or oxen, twenty cents; for every loaded wagon drawn by four horses, mules or oxen, twenty-five cents, and for every additional horse, mule or oxen employed in drawing a wagon, five cents. Provided, that every wagon drawn. by more than six horses, mules or oxen, may be charged ten cents for each horse, mule or oxen more than six, unless the tire of said wagon shall be at least four inches wide; for every empty wagon not otherwise provided for, half the toll charged for the same, when loaded; for every man and horse, five cents, and for every other