Digital Library of Georgia > "Thar's Gold in Them Thar Hills": Gold and Gold Mining in Georgia, 1830s-1940s

Document: mka037

An Act to incorporate the Chestatee River and Town Creek Gold Mining Company ; an act to incorporate the Augusta and Dahlonega Mining Company


author: Georgia. General Assembly
extent: 6 p.
date: April 18, 1863
summary: The local and private laws of incorporation of the Chestatee River and Town Creek Gold Mining Company, and the Augusta and Dahlonega Mining Company, both organized April 18, 1863 by acts of the General Assembly of the State of Georgia. Sections address such issues as stockholder liability, land use rights, and penalties for vandalism of company property, as well as the right of the General Assembly to repeal the company charter.
repository: Chestatee Regional Library System, Lumpkin County Branch
collection: Madeleine K. Anthony Collection
box: III-1
folder: 9

subjects:
Incorporation--Georgia--Dahlonega
Corporation law--Georgia--Dahlonega
Articles of incorporation--Georgia--Dahlonega
Chestatee River and Town Creek Gold Mining Company
Augusta and Dahlonega Mining Company
Land use--Georgia--Dahlonega
Water use--Georgia--Dahlonega
Dahlonega (Ga.)
Lumpkin County (Ga.)
Corporation records
Articles of incorporation




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[ Note: An Act to incorporate the Confederate Express Company, enacted by the General Assembly of the State of Georgia, April 18th, 1863.]

[deleted text: [unclear text: baggage] as aforesaid, after deducting therefrom charges and expenses for the transportation, storage, advertising, commissions for selling the property, and any amount previously paid for advances on such freight and baggage, shall be paid by the Company to the persons entitled to receive the same; and the said Company shall keep books of record of all such sales as aforesaid, containing copies of such notices, proofs of advertisement, and posting affidavit of sale, with the amount for which each parcel was sold, the total amount held in trust for the owner; which books shall be opened for inspection by claimants at the principal office of the said Company, and at the office where the sale was made.]

[deleted text: 12. SEC. [SECTION] XII.]

[deleted text: That the stockholders in said Company shall be personally responsible for double the amount of stock subscribed by each; and in case of insolvency by said Company, the outstanding debts of the concern shall be paid in proportion to the stock held by each one, to be recovered in any court of law or equity in this State; and any creditor holding claims against said Company; upon the insolvency of the same, may bring his action against one or more of said stockholders, and recover his entire claim of them, providing their stock amounts to a sufficiency; if not, then the amount of their stock and the balance he can recover of any other stockholder.]

[deleted text: 13. SEC. [SECTION] XIII.]

[deleted text: That no right of property to this franchise shall invest until the minimum amount of capital is subscribed and fifty thousand dollars actually paid; of which fact it shall be the duty of the Company to inform the Governor, in the same manner that the officers of a bank about to be put into operation are required to do; and when said Company shall be organized and ready to go into operation, it shall be the duty of the presiding officer and treasurer to make a statement, upon oath, to the Comptroller General of the amount of capital paid in, and to make a like statement every six month [months] thereafter, with an additional statement of their profits and gross receipts; and for failure to make such reports, they shall forfeit and pay into the public treasury one thousand dollars for each failure, to be recovered by motion after ten days' notice.]

14. SEC. [SECTION] XIV.

[deleted text: Any action at law or suit in equity against the said Company may be commenced by any person residing in this State, by personal service of process on the local agent or officer of said Company, in charge of its affairs in the county in which such person considering himself aggrieved may reside, or in any county through which the lines of transportation of said Company may pass, if there shall be no local agent or officer in the county in which the person commencing such suit may reside; provided, that nothing herein contained shall be construed to prevent the commencement of any suit in equity or action at law in the manner heretofore provided by law.]

[deleted text: 15. SEC. [SECTION] XV.]

It is hereby incorporated as an express condition of this charter, that one-half [one half] of the capital stock of said Company shall be bona fide held and owned by citizens of Georgia; and


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shall so appear in the semi-annual statement provided to be made to the Comptroller General in 13th section; and a failure co [to] comply with the provisions of this section shall work a forfeiture of this charter.

Assented to April 18th, 1863.

(No. 181.) [added text: office at Dahlonega] An Act to incorporate the Chestatee River and Town Creek Gold Mining Company.

16. SECTION I.

The General Assembly of the State of Georgia do enact, That Charles F. McCay, John Bones, Thomas H. Roberts, H. H. Hickman, James Brown, Charles A. Rowland, Thomas W. Chichester and James M. Roberts, and their associates and successors, be, and are hereby made a body politic and corporate, under the name and style of "The Chestatee River and Town Creek Gold Mining Company," and by said name shall be capable in law to sue and be sued, plead and be impleaded, answer and be answered unto, in any court in law or equity in this State; and be capable to purchase, accept, hold and convey real and personal estate, make contracts, make such by-laws [bylaws], rules and regulations for its government as are not repugnant to the Constitution of the Confederate States or the State of Georgia, or the laws thereof; and to make, use and alter at its pleasure, a common seal, and to do all other acts properly incident to a corporation, and necessary and proper to be done for the transaction of the business of said corporation.

17, SEC. [SECTION] II.

Be it further enacted, That said company shall have the right, in addition to the ordinary methods of mining for gold and other precious metals and precious stones, to mine by what is known as the hydraulic hose process, and that to this end they may lawfully drain and turn any creek or other water course in the vicinity of any of the mines now owned, or that may hereafter be acquired by lease, purchase or otherwise, out of its or their original bed or channel, and to convey the waters thereof by ditch, canal or aqueduct of any kind to any pounding or stamping mills, owned or controlled by said company, or to any mine or mines, either owned or leased by said company.

18. SEC. [SECTION] III.

That said company shall have a right to conduct the water of the streams aforesaid through and over all such lands as over and through which it may be necessary to pass the same in order to conduct successfully their mining operations, and to erect such dams, &c. [et cetera] as the security and permanence of said work may require; provided, said company shall pay the owner or owners of all such lands over and through which it may be necessary to pass as aforesaid, or upon which such dams, &c. [et cetera], may be erected as aforesaid, and also the owner of all lands from which any of said streams may in whole or in part be diverted, not only a fair compensation for all wood or other material used in said structures,


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but also such damages for such use of said land and waters, where the same may be diverted, as the owners of such land and said company may agree upon.

19. SEC. [SECTION] IV.

Be it further enacted, That if in any case the owner of the lands in the preceding section of this act mentioned, and the said company, shall fail to agree as to the compensation for the material used, or as to the damages in said section mentioned, then such compensation or damages, or both, as the case may be, shall be awarded by three freeholders of the county in which said lands are situated, which said freeholders shall be appointed as follows: one by the land owner or owners, one by the said company, and one by the Inferior Court of said county, which appointment said Court may make in vacation as well as in term time; and if either said land owner or owners, or company shall fail or refuse, after five days' notice in writing from the adverse party, to appoint his, their, or its freeholder for the purpose aforesaid, then the said court shall forthwith proceed to appoint a freeholder for such defaulting party. Said freeholders, when appointed, shall be sworn either by some officer authorized to administer oaths, or by each other in the absence of such officer, fairly and impartially to estimate and award such value and damages, and their award shall be rendered in writing; the concurrence of any two of said freeholders in such award shall be sufficient; said award shall be immediately returned to, filed and recorded in the clerk's office of the Superior Court of said county; and the payment or tender thereof by said company of the amount of such award thus made, shall vest in it all the rights contemplated in the preceding sections of this act; provided, that either party dissatisfied with such award, may enter an appeal therefrom within ten days after the same is so filed, to the Superior Court of said county, without payment of cost or giving security; which appeal shall be tried at the next term of said court, by a special jury thereof, unless good cause is shown for a continuance; and provided further, that said company shall have the right, pending such appeal, upon filing its bond with good security in said clerk's office, conditioned to pay all such damages as may be assessed by said jury, to prosecute their work upon said lands.

20. SEC. [SECTION] V.

Be it further enacted, That should said company, at any time in the prosecution of its work, find it necessary to pass over, use, or appropriate in the manner aforesaid any land, the owner or owners of which said company cannot ascertain, said company shall have a right to enter upon and use such land; and when the owner or owners thereof shall thereafter present their claim for damages to such land, if the same cannot be agreed upon, the same shall be assessed as provided for in the fourth section of this act; and said damages shall be assessed by said freeholders with reference to the condition of said land at the time when said company entered thereon, and not afterwards.

21. SEC. [SECTION] VI.

The capital stock of said company shall consist of two hundred and fifty thousand dollars, to be divided into shares


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of one hundred dollars each; and the individual property of said stockholders shall, in addition to the corporate properties, be bound for the payment of all the debts of said company, to the extent of their stock severally therein.

22. SEC. [SECTION] VII.

Be it further enacted, That said company shall have the power to prescribe by its by-laws [bylaws] or regulations, the number titles, compensation, terms of office, modes and times of election of its officers.

23. SEC. [SECTION] VIII.

The General Assembly reserve the right to modify or repeal this charter at any time.

24. SEC. [SECTION] IX.

Be it further enacted, That if any person or persons shall willfully and maliciously destroy or in any manner injure or obstruct, or shall advise, aid or assist any person or persons in any manner to destroy, injure, or obstruct any of said works, or any of their appurtenances or appendages, such person or persons so offending shall be liable to be indicted for a misdemeanor, and, on conviction thereof, shall be imprisoned at hard labor in the Penitentiary for a term of not more than three nor less than one year, and be further liable to pay all expenses of repairing or rebuilding the same.

25. SEC. [SECTION] X.

Said company shall keep an office at Dahlonega, Georgia, for the management of the business of the same, which shall be held and considered its place of location for all legal and judicial purposes.

Assented to April 18th, 1863. (No. 182.) An Act to incorporate the Augusta and Dahlonega Mining Company. 26. SECTION I.

The General Assembly of the State of Georgia do enact, That James B. Walton, Josiah Sibley, Henry Moore, William H. Goodrich, Germain T. Dortic, William S. Roberts, Benjamin Hamilton and Lemuel Divelle, and their associates and successors, be, and are hereby made a body politic and corporate, under the name and style of the Augusta and Dahlonega Mining Company; and by said name shall be capable in law to sue and be sued, plead and be impleaded, answer and be answered unto in any court of law or equity in this State, and be capable to purchase, accept, hold and convey real and personal estate; make contracts, make such by-laws [bylaws], rules and regulations for its government as are not repugnant to the Constitution of the Confederate States or the State of Georgia, or the laws thereof, and to make, use and alter at its pleasure a common seal; and to do all other acts properly incident to a corporation and necessary and proper to be done for the transaction of the business of said corporation.

27. SEC. [SECTION] II.

Be it further enacted, That said company shall have the right, in addition to the ordinary method of mining for gold and other precious metals and precious stones, to mine by what is known as the hydraulic hose process, and that to this end they may


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lawfully drain and turn any creek or other water course in the vicinity of any of the mines now owned, or that may hereafter be acquired by lease, purchase or otherwise, out of its or their original bed or channel, and to convey the waters thereof by ditch, canal or aqueduct of any kind, to any pounding or stamping mills owned or controlled by said company, or to any mine or mines, either owned or leased by said company.

28. SEC. [SECTION] III.

Be it further enacted, That said company shall have the right to conduct the waters of the streams aforesaid through and over all such lands as over and through which it may be necessary to pass the same, in order to conduct successfully their mining operations, and to erect such dams, &c. [et cetera], as the security and permanence of said works may require; provided, said company shall pay the owner or owners of all such lands over and through which it may be necessary to pass as aforesaid, or upon which such dams, &c. [et cetera], may be erected as aforesaid, and also the owners of all lands from which any of said streams may in whole or in part be diverted, not only a fair compensation for all wood or other material used in said structures, but also such damages for such use of said land and waters, and for the diverting of said waters where the same may be diverted, as the owners of such lands and said company may agree upon.

29. SEC. [SECTION] IV.

Be it further enacted, That if in any case the owners of the lands in the preceding section of this act mentioned, and the said company shall fail to agree as to the compensation for the materials used, or as to the damages in said section mentioned, then such compensation or damages, or both, as the case may be, shall be awarded by three freeholders of the county in which said lands are situate; which said freeholders shall be appointed as follows: one by the land owner or owners, one by the said company, and one by the Inferior Court of said county, which appointment said Court may make in vacation as well as in term time; and if either said land owner or owners, or said company, shall fail or refuse, after five days' notice in writing from the adverse party, to appoint his their or its freeholder for the purpose aforesaid, then the said Court shall forthwith proceed to appoint a freeholder for such defaulting party. Said freeholder, when appointed, shall be sworn either by some officer authorized to administer oaths, or by each other, in the absence of such officer, fairly and impartially to estimate and award such value and damages, and shall enter upon and view such lands, and their award shall be rendered in writing, the concurrence of any two of said freeholders in such award shall be sufficient. Said award shall be immediately returned to, filed and recorded in the clerks office of the Superior Court of said county, and the payment or tender thereof by said company of the amount of such award thus made, shall vest in it all the rights contemplated in the preceding sections of this act; provided, that either party dissatisfied with such award may enter an appeal therefrom, within ten days after the same is so filed, to the Superior Court of said county, without payment of cost or giving security, which appeal


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shall be tried at the next term of said Court, by a special jury thereof, unless good cause is shown for a continuance; and provided further, that said company shall have the right, pending such appeal, upon filing its bond with good security in said clerk's office, conditioned to pay all such damages as may be assessed by said jury, to prosecute their work upon said lands.

30. SEC. [SECTION] V.

Be it further enacted, That should said company at any time in the prosecution of its work, find it necessary to pass over, use or appropriate in the manner aforesaid any land, the owner or owners of which said company cannot ascertain, said company shall have the right to enter upon and use such land; and when the owner or owners thereof shall thereafter present their claim for damages to such land, if the same cannot be agreed upon, the same shall be assessed as provided for in the fourth section of this act; and said damages shall be assessed by said freeholders with reference to the condition of said land at the time when said company entered thereon, and not afterwards.

31. SEC. [SECTION] VI.

Be it further enacted, That the capital stock of said company shall consist of two hundred any [and] fifty thousand dollars, to be divided into shares of one hundred dollars each; and the individual property of said stockholders shall, in addition to the corporate properties, be bound for the payment of all the debts of said company, to the extent of their stock severally therein.

32. SEC. [SECTION] VII.

Be it further enacted, That said company shall have the power to prescribe by its by-laws [bylaws] or regulations the number, titles, compensation, terms of office, and modes and times of election of its officers.

33. SEC. [SECTION] VIII.

Be it further enacted, That the General Assembly reserves the right to modify or repeal this charter at any time.

34. SEC. [SECTION] IX.

Be it further enacted, That if any person or persons shall willfully and maliciously destroy or in any manner injure or obstruct, or shall advise, aid, or assist any person or persons in any manner to destroy, injure or obstruct any of said works, or any of their appurtenances or appendages, such person or persons so offending shall be liable to be indicted for a misdemeanor, and, on conviction thereof, shall be imprisoned at hard labor in the Penitentiary for a term of not more than three nor less than one year, and be further liable to pay all expenses of repairing or rebuilding the same.

35. SEC. [SECTION] X.

Be it further enacted, That said company shall keep an office at Dahlonega, Georgia, for the transaction of the business of said company, which shall be held and considered its place of location for all legal and judicial purposes.

SEC. [SECTION] XI.

Repeals conflicting laws.

Assented to 18th April, 1863.

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