said Memphis and Lagrange rail road company shall have the privilege of intersecting the Commerce, Hernando and Eastport rail road, at such point, in the county of Tippah, as both of the above named companies shall specify; and shall have the same powers and rights as to said road, from its intersection as aforesaid as the Commerce, Hernando and Eastport rail road company have, by the provisions of this

act.

Sec. 26. Be it further enacted, That all incorporated companies, empowered by their charters to hold stock, shall enjoy the same privileges as subscribers, to which natural individuals are entitled.

Sec. 27. And be it further enacted, That this act shall take effect from and after its passage.

1

Approved, February 6th, 1841.

!

1

CHAPTER 84.

AN ACT for the relief of S. M. Lynch.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That the auditor of public accounts issue his warrant on the treasury, in favor of S. M. Lynch, for the sum of six hundred dollars, for services rendered as commissioner of public buildings, pro tempore, during the summer of 1838.

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

Approved, January 27th, 1841.

CHAPTER 85.

AN ACT declaring Habolochitto creek a navigable

stream.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That Hared hit bolochitto creek, in the county of Hancock, clared navi is hereby declared a navigable stream, from

to creek de

gable.

its junction with Pearl river to the tollbridge across said creek and that all manner of obstructions to the free navigation of said stream are hereby prohibited.

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

Approved, February 5th, 1841.

CHAPTER 86.

AN ACT entitled "an act" to change the county site of Leake county.

Sheriff to

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That an election shall be held, under the superinten-appoint dance of a justice of the peace, or some person to other discreet person to be selected by the tion. sheriff of said county, in each of the five police districts in the county of Leake, for the clection of one commissioner in each district, on ten days' notice of such time and place in each district as said justice of the peace or other discreet person may think proper.

Commis

ty site.

Sec. 2. Be it further enacted, That it shall be the duty of said five commissioners to examine every point of the Robinson sioners te road within five miles of the centre of said select councounty, and select the most suitable place on said road for the location of the county seat of said county; and if said commissioners disagree in said location, a majority shall govern; but no place shall be selected unless the owner of the land has a clear and indisputable title to the same, and will donate, by conveyance in fee, forty acres, (to lie in such form as said commissioners may designate,) free of expense, for county purposes, upon condition the seat of justice is permanently located at that point.

Sec. 3. Be it further enacted, That it shall then be the duty of the sheriff or coroner of said county to open and hold an election,

given.

on thirty days' notice, at the same places, Thirty days and under the same rules and regulations as lection to be is now prescribed by law for holding county or state elections; and which place soever (Carthage, the present county seat, or the point on said Robinson road thus designated by said commissioners) obtains the larger vote of the citizens of said county, shall be the permanent seat of justice of the said county.

Sec. 4. Be it further enacted, That if the point on the Robinson road thus designated shall receive a majority of the votes polled, the forty acres of land thus donated shall be laid off in town lots, under the direction of the board of police of said county, and sold at auction to the highest bidder, and the whole proceeds, after defraying the expenses, be applied to the erection of a court house and jail, and the residue, if any, to the erection of bridges, at such points as the board of police may direct.

Sec. 5. And be it further enacted, That this act shall take effect and be in force from and after its passage.

Approved, February 1, 1841.

CHAPTER 87.

AN ACT concerning the Probate Court of Holmes county.

SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That the judge of probate, clerk of the circuit court, and president of the board of police of Holmes county, be, and they are hereby appointed commissioners to contract for the transcribing in a well bound book, such of the minutes, records, inventories, bonds, marriage certificates, and all other instruments of writing which by law are required to be recorded, which may exist on loose slips or sheets of paper only or otherwise, as in the opinion of said commissioners are in danger of loss or destruction by reason of their present condition, and that such transcript of the record when made to the satisfaction of said commissioners, and such minutes, records, or parts thereof, as the law requires, shall have received the signature of the judge of probates, which he is hereby authorized to sign, said transcript shall have all the force and effect as records kept and preserved agreeable to the provisions of the law.

Sec. 2. Be it further enacted, That the board of police be authorized to appropriate out of the monies of the county a reasonable compensation for the services aforesaid.

Sec. 3. And be it further enacted, 'That this act shall take effect, and be in force, from and after its passage.

Approved February 1, 1841.