for the determination of certain causes in the superior court of chancery," passed 20th day of February, 1840, so far as they will apply, be, and they are hereby extended to the circuit

courts of the state of Mississippi.

Sec. 3. And be it further enacted, 'I hat this act take effect from and after its passage. Approved, February 5th, 1841.

CHAPTER 82.

AN ACT for the relief of Samuel L. Moore, and for other purposes.

WHEREAS, the sixteenth section of township six, range two west, lying in the county of Hinds, has been leased for the term of 99 years; and whereas, the present owner has become wholly insolvent and unable to pay, therefore,

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That Samuel L. Moore is hereby released and absolved from all the liabilities on account of said section, and said section revert to the township for the purpose for which it was originally donated: Provided, however, the provisions of this section do not release any other person who may be liable for any of the purchase money of said section, except the said Moore and his securities.

Sec. 2. Be it further enacted, That the provisions of the foregoing section be, and they are hereby extended to William McDonald and David Ford, and their securities, on account of their liabilities for the sixteenth section of township ten, range seven east, and for the sixteenth section of township eleven, range six east, in Leake county, and that said sections revert to the townships for the purposes for which they were originally donated.

Sec. 3. And be it further enacted, That this act shall be in force from and after its passage. Approved February 5th, 1841.

CHAPTER 83.

AN ACT to incorporate the Commerce, Hernando and Eastport Rail Road Company.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That Thomas M. Fletcher, and J. A. W. Lowry, commisof Commerce, Felix Labauve, of Hernando; poned John B. Ayres, of Salem, Tippah county; Samuel C. Jones, Eastport, Mississippi; and James E. Matthews, of Tishemingo, be, and they are hereby appointed commissioners, under the direction of a majority of whom, subscriptions may be received to the capital stock of the Commerce, Hernando and Eastport rail road, hereby incorporated; and they, or a majority of them, may cause books to be opened, at such times and places as a majority of them shall think proper, for the purpose of receiving subscriptions to the capital stock of said com

apCapital stock,

pany, after giving such notice of the time and places of opening the same, as a majority of them may deem proper; and that after the first opening of said books, they shall be kept open for at least three successive days, from ten o'clock, A. M. until two o'clock, P. M.; and if at the expiration of that time, such a subscription to the capital stock of said company as is necessary to its incorporation, shall not be obtained, said commissioners or a majority of them may appoint and empower an agent to re-open the books from time to time, at such place or places in this state, or any other state in this Union, that he may deem proper, upon his giving a reasonable notice of the same, for the space of twelve months thereafter, or until the sum necessary to the incorporation of said company shall have been subscribed; and if any of the commissioners shall die, resign, or refuse to act during the continuance of the duties devolved upon them by this act, the remaining commissioners, or a majority of them, may appoint another in his stead.

Sec. 2. Be it further enacted, That the capital stock of the said Commerce, Hernando and Eastport rail road company, shall be three millions of dollars, to be subscribed in shares $3.000.000. of one hundred dollars each, and to be paid in money, or to be secured by the pledge and mortgage of real estate in this state, as hereinafter provided, at the option of the subscriber or subscribers, which choice must be designated by each subscriber, at the time of making such subscription; and as soon as one million of dollars of the capital stock shall be subscribed, the subscribers of said stock, their successors and assigns, shall be, and they are hereby declared, to be incorporated into a company, by the name of the Commerce, Hernando and Eastport rail road company; and by that name, shall be capable in law, of purchasing, holding, selling, leasing and conveying real estate, not exceeding five thousand acres of land, besides the real estate which may be mortgaged for stock as hereinafter provided, and personal and mixed estates as far as the same may be necessary for the purposes hereinafter mentioned, and besides the necessary real estate for the construction of the rail road hereafter specified, and by said name may sue and be sued, and may have a common seal, shall have, enjoy and exercise all powers, rights and privileges, which other corporate bodies may lawfully do, for the further purposes mentioned in this act.

Sec. 3. Be it further enacted, That if more than thirty thousand shares shall be subscribed to the capital stock of said company, a majority of the commissioners shall reduce, by striking off from the largest number of shares, until the subscriptions are reduced to thirty thousand shares.

Sec. 4. Be it further enacted, That at every subscription, where the subscriber or sub-Instalments scribers shall elect to pay in money, there to be paid. shall be paid in money, at the time of subscribing, ten dollars in gold or silver, or notes of specie paying banks, on every share subscribed, and the residue thereof shall be paid in such instalments, and at such times as may be required by the president and directors of said company, to be chosen as hereinafter provided for: Provided, no payment shall be demanded until at least thirty days

gage real estate.

notice of the demand shall have been given by said president and directors, nor shall more than fifty per centum of each share be called for in any one year; and if any subscriber of stock, to be paid in money as aforesaid, shall fail or neglect to pay any instalments or part of subscription, according to the provisions of this act, for the space of thirty days after the time the same shall be demanded as aforesaid, the said subscriber so in default, shall be liable in action to the amount of said instalments, to the suit of the president and directors of said company, before any competent tribunal of this state, or the state where the subscriber may reside, and judgment being had thereon: Provided, that the president and directors, by a majority of the whole board, may remit any such action, on such terms as they may deem proper.

Sec. 5. Be it further enacted, That if any Subscribers subscriber or subscribers, elect to pay his or mort their subscription to the capital stock of said company, by a pledge or mortgage of real estate, such subscriber at the time of making subscription, shall pay to the commissioners of said company the sum of five dollars in money, on every share so subscribed, and the residue of the capital stock, subscribed as aforesaid, shall be raised and procured by means of a loan or loans, to be made by the president and directors of said company, in manner and form, and upon the conditions hereinafter prescribed.

Sec. 6. Be it further enacted, That all the subscriptions to the capital stock of said rail road company, for which subscribers shall