May borrow money.

donations, borrow money, and secure the payment of the same by a pledge of the property of the corporation, and make and ete. issue evidences for such loans, and other assurances for the payment thereof.

Form of

of stock to

Sec. 19. Be it further enacted, That the president and directors aforesaid, shall pre-certificate scribe the form of the certificate or evidence be preseriof stock, in said corporation, which shall be bed. signed by the president, and countersigned by the secretary thereof, and shall prescribe the manner of transferring said certificates of stock, and of making the same assignable.

Sec. 20. Be it further enacted, That the Directors said corporation be, and they are hereby vest- may pured with all the rights, privileges and powers. that may be necessary to enable them to construct, continue and keep in repair said rail road, and to this end they may purchase of individuals or corporations, any land, or the use and occupation of any land they may deem necessary and expedient; and in case they cannot agree with the owners of land, upon the terms of purchase, or in case the owner or owners shall be under the age of twenty-one years, they may petition the circuit court of Marshall county to empannel a jury of twelve freeholders of said county, (disconnected with the parties,) who shall be sworn by authority of the court, to go upon the land and value the same, or make an assessment of damages, as the case may be, as by them shall be considered just and equitable, and shall in making such valuation or assessment, have regard to the additional value which may be conferred on the property, by the construction of said road : Provided however, that the said corporation

shall give to the owner or owners of said lands at least five days notice of their intention to make such application: And provided also, that if the said owner or owners shall be nonresidents of this state, and shall have no agent residing within the same, on whom personal service of notice as aforesaid can be made, it shall be the duty of said corporation, to publish notice of such intended application, in one of the newspapers published in the town of Holly Springs, for six successive weeks at least; and the said corporation shall within thirty days from such assessment or valuation, and previous to disturbing or using the property so valued and assessed, pay to the owner or owners or guardian as the case may be, the full amount of such assessment or valuation; and the sheriff of Marshall county aforesaid, shall require from the jury a written statement of their valuation or assessment, signed by the whole of them, which he shall return to said court, or to the next term of said court, without delay, and the clerk of said court shall record the same on the minutes of said court, and the court shall thereupon, and upon satisfactory proof of the payment of the said valuation or assessment as aforesaid, order and decree a conveyance of the title of the land so valued or assessed to said corporation; Provided, however, that if the owner or owners reside beyond the limits of this state, and hath no agent within the same, it shall be deemed a compliance with this act, if the said corporation shall within the time above limited, deposite with the clerk of said court the amount of said assessment or valuation.

Sec. 21. Be it further enacted, That the powers and privileges conferred upon said corporation, shall continue until the first day of October, in the year eighteen hundred and seventy-one.

Sec. 22. And be it further enacted, That this act shall take effect and be in force from and after its passage.

Approved, February 4th, 1841.

CHAPTER 47.

AN ACT to amend an act, entitled "an Act to incorporate the town of Oxford in the county of Lafayette."

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That hereafter it shall be lawful for the president and selectmen in the town of Oxford, in the county of Lafayette, to levy a tax on all persons and property within the limits of said town, at a rate not exceeding three dollars on every poll, and not exceeding one hundred per centum on the state tax, on all other property within the limits of said town, subject to taxation, under the laws of Mississippi.

Sec. 2. And be it further enacted, That this act shall be in force from and after its passage.

Approved, February 4th, 1841.

CHAPTER 48.

AN ACT to authorize the Trustees of towns hip ten, Range three east, to rescind the sale of the sixteenth section of said township.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That, with the consent of the purchasers, the trustees of the sixteenth section of township ten, range three east, be, and they are hereby authorized to rescind and annul the sale of said sixteenth section.

Sec. 2. And be it further enacted, That this act take effect and be in force from and after its passage.

Approved, February 4th, 1841.

1

CHAPTER 49.

AN ACT to repeal an act, entitled an "an Act to incorporate the town of Lexington, in the county of Holmes." Approved, February 25th, 1836.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That the act entitled "an act to incorporate the town of Lexington, in the county of Holmes," approved February 25th, 1836, be, and the same is hereby repealed; and that this act be in force from and after its passage. Approved February 4th, 1841.

CHAPTER 50.

AN ACT for the relief of Robert L. Mathews.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That the sum of two hundred dollars be, and the same is hereby appropriated out of any monies in the treasury not otherwise appropriated, for the compensation of Robert L. Mathews, for apprehending and bringing to this state, John S. Greson, charged with robbing Richard Gaines, of Tishemingo county, in this

state.

Sec. 2. And be it further enacted, That the auditor of public accounts be, and he is hereby authorized and required to issue his warrant on the treasury in favor of the said Robert L. Mathews, upon application of himself, his agent, or attorney, for the above sum; and that this act be in force from and after its passage.

Approved January 25th, 1841.

AN ACT for the relief of David Shelton.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That the auditor of public accounts be, and he is hereby authorized and required to issue his