Drawing water from branches, etc. she, or they, so offending, shall be fined in a sum not exceeding one thousand dollars, or imprisonment in the county jail six months, or both, in the discretion of the Court. SEC. II. Repeals conflicting laws. Penalty. TITLE XVI. MINES. SEC. 1. Owners of mines may bring water over | SEC. 5. If owner of land be a minor, notice other lands to said mines. 2. Shall first give notice, make application to Ordinary, etc. 3. Appeals-how entered etc. 4. If owner refuse to select a freeholder, Ordinary may, etc. upon whom served. 6. Lessees and renters shall be regarded as (No. 105.) owners in certain cases. 7. Fees of Ordinary and freeholders. An Act to enable owners of mines to draw water from branches or other head waters through or over intervening lands. Whereas, It is necessary to develop the mining interests of the State; and whereas it sometimes occurs that it is necessary to draw the water by canals, ditches, tunnels, flumes or other aqueducts, through or over the lands of persons not interested in said mines, and to erect dams on the lands of such persons to control the water; Preamble. erations incident SECTION I. Be it therefore enacted, etc., That the owner of any mine shall have the right to enter upon any land, intervening between the Mining mine and the water power, upon which the same is dependent, and to privileges cut thereon such ditch, canal or tunnel, or to construct such flume or thereto. other aqueduct, and to build such dam, as may be necessary to control said water power: Provided, That the party desiring to cut such ditch, canal or tunnel, or to construct such flume or other aqueduct, or to erect such dam, shall first have the damages assessed, arising to the owner of such intervening, or owner of the land on which such dam is to be erected, by reason of the cutting of such ditch, canal or tunnel, or the construction of such flume or other aqueduct, and the erection of such dam, and shall pay to the owner of the land so intervening, or on which such dam is to be erected, the damages which may be assessed in manner hereafter provided. of mine SEC. II. The owner of the mine shall, after having given the owner of the land to be entered upon at least five days' notice of his inten- Applicat'n tion to make such application, present to the ordinary of the county owner to his written application for the right and privilege of cutting such for certain ditch, canal or tunnel, or constructing such flume or aqueduct, or privileges. erecting such dam; which application shall with convenient certainty ordinary ed. Drawing water from branches, &c. describe the land to be entered upon, the right and privilege desired How grant-thereon, and the name of the owner of the land; and thereupon the owner of the mine shall select one freeholder, and the owner of the land to be entered upon shall select another freeholder, and the ordinary of the county shall appoint a third freeholder, and the names of the freeholders so selected and appointed shall be endorsed on said written application; and the said application, so endorsed as last aforesaid, shall be delivered or transmitted by the said ordinary to one of the said freeholders; and the three freeholders so selected and appointed as aforesaid shall survey the premises, and make an award of the damages, which award shall be returned to the ordinary of the Damages county and filed in his office; and which award (unless appealed from must be as hereafter provided) shall be final; but no right of entry shall accrue entrance. until the damages assessed are first paid, or deposited in the ordinary's office, in case the owner of the land shall refuse to receive the same, or shall appeal from said award. paid before Appeal SEC. III. Either party in such cases shall have the right to appeal how taken. from such award, at any time within four days from the filing of said award in the ordinary's office, and in case of appeal, the award, together with the other papers, shall be by the ordinary transmitted to the Superior Court of the county in which the land shall lie, and such appeal case shall be there tried by a jury as other appeal cases are tried. If the owner of the land shall enter an appeal from the award, mine own- the owner of the mine shall not be stayed thereby from his entry on said land, but on depositing the amount of damages assessed with the ordinary of the county, he shall have the same right and privilege of entering on such land for any or all the purposes aforesaid, as if no appeal had been entered. Right of er. Selection of SEC. IV. If the owner of the land to be entered upon shall fail or freeholder. refuse to select a freeholder, as provided in the 2d section of this act, on or before the day specified in the notice served upon him, then and in that case the ordinary of the county shall select a freeholder for him, and shall endorse the name of such freeholder on said application, and such person so selected, together with the other two arbitrators, shall proceed in the same manner as herein above prescribed. If land owner is a minor; SEC. V. If the owner of the land to be entered upon is a minor, the notice required in the 2d section of this act shall be given to the guardian of said minor, who shall have the same right and power to act in the premises that the minor could exercise if of full age. If If deceased the land to be entered upon belongs to the estate of a deceased person, the said notice shall be given to the executor of the will of such deceased person, or to the administrator on the estate of such deceased person, as the case may be, and such executor or administrator shall have the same power to act for the estate he represents that owners of lands have. Either party may do and perform all that is required of them by this act, by his agent or attorney duly authorized. Lessee of mines enti SEC. VI. Any person or company of persons engaged in working tled to the a mine, under a lease granted to him or them for that purpose, shall be held and regarded as owner or owners for all the purposes of this benefits of this Act. Macon and Augusta Railroad Company. act, and as such shall be entitled to avail himself or themselves of the benefits and privileges of this act: Provided, that in no instance the water shall be drawn from any mill or factory now in operation. Fees of OrSEC. VII. The fees of the ordinary and of the freeholders for ser- dinary and vices specified in this act, shall be two dollars each, which shall be paid by the applicant, and the payment of which may be enforced by execution to be issued by the ordinary. SEC. VIII. Repeals conflicting laws. freeholders TITLE XVII. RAILROADS. SEC. 1. Endorsement of State on Bonds of SEC. 9, No railroad shall sell or dispose of its Macon and Augusta Railroad Com- 2. If such bonds is not paid at maturity, 3. Macon and Augusta Railroad Com- 4. May issue 7 per cent. bonds, etc. 6. Governor to endorse Georgia and Ala- 7. If last section of said road less than 20 miles, endorsement at rate of $12,000 per mile. 8. If bonds are not paid at maturity, duty of Governor. own or of the State at less than 90 10. State will endorse South Florida and 11. If last section of road less than ten 12. Bonds not paid when due-duty of 13. No railroad shall dispose of bonds at 15. may increase capital, etc. 16. Said company may loan on interest, etc. (No. 106.) An Act to extend the aid of the State to the completion of the Macon and Augusta Railroad Company, and for other purposes. WHEREAS, The Macon and Augusta Railroad Company has com- Preamble. pleted said road the distance of forty-six miles from its intersection with the Georgia Railroad at Camack, to the city of Milledgeville, and is now equipped and daily trains running on the same for said distance, and the balance of said road, thirty miles, partially graded, and a portion ready for superstructure; And whereas, its completion to Macon is of great importance to the agricultural, commercial and manufacturing interests of Georgia: And whereas, the very great financial embarrassment resulting from the war, and the seizure by the Confederate authorities of a very large supply of new iron at Charleston, imported by said company, renders said stockholders unable to complete said road at an early day. SECTION I. The General Assembly of Georgia do enact, That his dorsement mile. conditions. Charter amended. State en- Excellency, the Governor, be, and he is hereby, authorized to place th $10,000 per endorsement of the State on the bonds of the Macon and Augusta Railroad Company, which said company may issue to the amount of ten thousand dollars per mile for as many miles of said road as are now completed, and the like amount per mile for every additional ten miles, as the same may be completed and placed in running order, on the following terms and conditions, to-wit: Before any such Terms and endorsement shall be made, the Governor shall be satisfied that as much of the road as the said endorsement shall be applied for, is really finished and in complete running order, and that the same is free from all liens or mortgages, or other incumbrances, which may in any manner endanger the security of the State; and upon the further condition and express understanding that any endorsement of said bonds, when thus made, shall not only vest the title of all property, of every kind, which may be purchased with said bonds in the State, until all the bonds so endorsed shall be paid; but the said enment to act dorsement shall be, and is hereby, understood to operate as a prior lien or mortgage on all of the said property of the said company, to mortgage. be enforced as hereinafter provided. Endorse as prior lien or 2. SEC. II. In the event of any bond or bonds endorsed by the State, as provided in this act, or the interest thereon, shall not be paid by said company at maturity, or when due and demanded, it shall be the duty of the Governor, upon information of such default given by any holder of said bond or bonds, so endorsed, to seize and Payment of take possession of all the property of said railroad company, and Bonds pro-apply the earnings of said road to the extinguishment of said bond or bonds or coupons, and shall also sell said road and equipments, and other property, belonging to said company, in such manner and at such time and place as, in his judgment, may best subserve the interest of all concerned. vided for. SEC. III. Repeals conflicting laws. (No. 107.) Capital Macon and An Act to be entitled an act to amend the charter of the Macon and purposes. 3. SECTION I. The General Assembly of the State of Georgia do enact, That the capital stock of the Macon and Augusta Railroad Company stock of the be increased to a sufficient amount or sum, by new subscription, upon Augusta R. such terms and conditions and stipulations as may be agreed upon by R. Co. may the board of directors, and the new subscribers to the same, to comed. plete their said railroad, and fully equip the same: Provided, that by said increase of stock, the stock of said company shall not exceed three millions of dollars. be increas Company authorized to issue Bonds. 4. SEC. II. The said railroad company is hereby fully authorized and empowered to issue seven per cent. bonds of said company to an amount not exceeding six hundred thousand dollars, in addition to Act of 1866 repealed--tax-how collected. the bonds already issued by said railroad company, and to secure the payment of said bonds by mortgage or other liens on said road and equipments, and also its profits and proceeds from any source whatever. Approved October 5, 1868. (No. 108.) An Act for the relief of the Atlanta and West Point and Macon and WHEREAS, By an act of the 15th of December, 1866, contrary to usage and law heretofore prevailing, an extraordinary or excessive tax was levied upon the Atlanta and West Point and Macon and Western Railroads: And whereas, said railroads in 1866 and 1867, by their prompt action and heavy service, contributed much to the relief of the destitute poor of the State, and, by their action, saved thousands of dollars to the treasury of the State, and in common fairness and justice ought not to be taxed higher than the other prominent paying railroads in Georgia; for remedy whereof, Preamble. Railroads taxes. 5. SECTION I. Be it enacted by the General Assembly of Georgia, Rieved of That so much of the third section of the act approved December 15th, certain 1866, as relates to the taxing certain railroad companies fifty cents on the one hundred dollars on their capital stock be, and the same is hereby, repealed, and that for the year 1867 the Comptroller General is directed to collect only such a per cent. tax on the net earnings of the Atlanta and West Point and Macon and Western Railroads as is collected of the Central Railroad, the Georgia Railroad, the Southwestern Railroad, the Muscogee Railroad, the Brunswick and Florida Railroad, the Savannah and Albany Railroad, the Augusta and Savannah Railroad and the Milledgeville Railroads: Provided, That Proviso. no money shall be refunded, claimed as having been paid as taxes over and above other roads. SEC. II. Repeals conflicting laws. (No. 109.) An Act to loan the credit of the State to the Georgia Air Line Railroad Company, and for other purposes. WHEREAS, The Georgia Air Line Railroad, a road chartered by the legislature of the State of Georgia, to be built from the city of Atlanta, in this State, to the South Carolina State line, in the direction of Anderson C. H., in said State, is a work of great general as Preamble. well as local value and importance to a large portion of the good people of this State. And Whereas, the State of South Carolina has chartered a railroad company to effect the extension and continuous construction of said railroad through that State. And Whereas, the buildings of said Georgia Air Line Railroad will be of incalculable |