offending in the same transaction, and may be compelled to to give appear and give evidence before any justice of the peace, evidence. grand jury or court, in the same manner as other witnesses, but the testimony so given shall not be used in any prosecution or proceeding civil or criminal, against the person so testifying.

Jurors,

&c.

SEC. 7. Be it further enacted, That it shall be the duty of all grand jurors, justices of the peace, constables, mem- Duty of bers of boards of county police, sheriffs, and other peace grand officers, without delay, to give information against, and justices, prosecute every person who shall be guilty of a violation. of any of the provisions of this act, and all costs and expenses they may incur on account of the same, shall be paid on conviction, by the defendant, and if he shall be unable to pay the same, or be acquitted, then such cost and expenses shall be paid out of the state treasury.

pay debts of

he kills.

SEC. 8. Be it further enacted, That if any duel shall be fought contrary to the provisions of this act, or if any per- Survivor in son shall be guilty of fighting in any incorporate town or a duel to city, or any other town or public place in this state, and the person the parties or either of them shall use any rifle, shot gun, sword cane, pistol, dirk, dirk knife, bowie knife, or any other deadly weapon, contrary to the provisions of this act, and either of the parties combatant shall be killed, or shall die within ninety days of any wound received in any such duel or fight, the party surviving shall be, and he is hereby held chargeable with the payment of the debts of his antagonist so killed by him, and the estate of the party so killed shall be exonerated from the payment of such debts, until the surviving party shall be first duly prosecuted to insolvency, and the person or persons to whom the combatant so killed in such duel, or fight, shall be indebted, may prosecute to judgment and execution any action of debt or assumpsit against such surviving party, which such person could have maintained against such party so killed, and in his declaration it shall be sufficient to set forth in substance the description of the judgment, bill, bond, note, assumpsit, or account, by which the deceased in his life time was indebted to the plaintiff, and to aver that the defendant and the deceased had fought a

using dead

duel contrary to the provisions of this act, or had fought in an incorporated city or town, or other town or public place in this state, and had in such fight used a rifle, shot gun, sword, sword cane, pistol, dirk, dirk knife, bowie knife, or other deadly weapon, contrary to the meaning and intent of this act, and that in such duel or fight, the defendant had unlawfully killed the deceased, or had given the deceased, in such duel or fight, a mortal wound, of which, within ninety days the deceased had died, and that in consideration of which the defendant had become bound to pay to the plaintiff the amount of money mentioned in such judgment, bill, bond, note, assumpsit, or account, and upon proving the same, the said plaintiff shall have verdict, judgment and execution against the defendant, which shall appear to have been justly due, and owing from the deceased to the plaintiff, at the time of the commencement of such suit, any law, usage, or custom to the contrary notwithstanding.

SEC. 9. Be it further enacted, That if any person having, Penalty for or carrying any dirk, dirk knife, bowie knife, sword, unlawfully sword cane, or other deadly weapon, shall, in the presence ly weapons. of three or more persons, exhibit the same in a rude, angry and threatening manner, not in necessary self defence, or shall in any manner unlawfully use the same in any fight or quarrel, the person or persons so offending, upon conviction thereof in the circuit or criminal court of the proper county, shall be fined in a sum not exceeding five hundred dollars, and be imprisoned not exceeding three months.

Duty of circuit

judges.

To take effect.

SEC. 10. Be it further enacted, That it shall be the duty of the judges of the circuit courts to give this act in charge to the grand jury at each term of their respective courts, and that this act shall be in force and take effect from and after the fourth day of July, one thousand eight hundred and thirty-seven.

Approved, May 13, 1837.

AN ACT to incorporate the Tuscalemeter Turnpike and Bridge

Company.

tion

created.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That Anthony Graham, jr. Jonathan Bas- Corporasell, and Thomas M. Petty, and others, their successors or assigns, be, and they are hereby constituted a body corporate and politic, by the name and style of the Tuscalemeter Turnpike and Bridge Company; and by that name shall be capable in law, of sueing and being sued, of pleading and being impleaded, in all manner of suits, plaints and controversies, in law or equity; and to enter into such rules and regulations for the management of such company, as they may think proper, not inconsistent with the constitution and laws of the United States or of the state of Mississippi.

SEC. 2. Be it further enacted, That said company and their successors in office, be, and they are hereby author- General ized, to construct and make a turnpike along the Maglusky powers.. trace, in the county of Scott, commencing at the edge of the Tuscalemeter swamp, on the west side thereof, and runing to the edge of said swamp, on the east side of said river; and to construct and make a good and substantial bridge across the Tuscalemeter river, where the aforesaid road crosses said river. The said road, when completed, shall be fourteen feet wide, and above high water mark. And it shall be lawful for said company, to erect toll gates on said turnpike, and charge such toll, as may be allowed by the board of police of the said county of Scott: Provided, however, that the said police court shall not allow any tolls. to be collected, until after the completion of said road. of Scott county, shall appoint and cause to be summoned,

SEC. 3. Be it further enacted, That the police court Damages a jury of twelve men, from the citizens of said county, to to be assess all such damages as may accrue to any citizen, by appraised. said road running through his, her, or their land, taking into consideration all advantages and disadvantages from such a work. And the said company shall take any stone, earth, or timber, which they may need in constructing and repairing said turnpike or bridge, paying the bona fide

Penalty.

To take effect.

owner, an adequate and fair price for the same; which shall, at all times, be agreed upon between the said company and (wner; and in case they cannot agree then the value thereof, to be ascertained by the jury appointed in pursuance of this act.

SEC. 4. Be it further enacted, That if any person or persons shall wilfully, by any means whatsoever, injure, obstruct, impair, or destroy any portion of such road or bridge, such person or persons so offending, shall each of them forfeit and pay a sum, not exceeding five hundred dollars, which may be recovered in the name of said company, by an action of debt, in any tribunal of competent jurisdiction in the county of Scott, and shall be imprisoned for a term of not more than six, nor less than one month. SEC. 5. Be it further enacted, That this act shall take effect and be in force from and after its passage.

Approved, May 13, 1837.

Commissioners.

Subscrip

tions to stock.

AN ACT to incorporate the Grenada Rail Road Company.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That James Smith, J. T. Talbert, J. A. Jurat, Uriah Tyson, A. C. Campbell, R. S. Bryley, and E. Leiter, 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 Grenada Rail Road Company, hereby incorporated; and they or a majority of them may cause books to be opened at such times and places, as they or a majority of them may direct, for the purpose of receiving subscriptions to the capital stock of said company, after having given such notice of the time and place of opening the said books. They shall be kept open for at least five 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 have been obtained, the said commissioners, or a majority of them nay cause the said books to be opened from time to time, at the expiration of the said five days, for the space of twee.

months thereafter, or until the sum necessary to the corporation of the said company, shall be subscribed. And if any of the commissioners shall resign or refuse to act, during the continuance of the duties devolving upon them by this act, another may be appointed in his stead by the remaining commissioners or a majority of them.

stock.

SEC. 2. Be it further enacted, That the capital stock of the said Grenada Rail Road Company, shall be eight Capital hundred thousand dollars, to be subscribed in shares of one hundred dollars each; and as soon as two hundred and fifty shares of the said 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 Grenada Rail Road Company; and by that name, shall be capable in law, of sueing and being sued, plead and being impleaded, and may have a common seal, which they shall have power to alter and renew at their pleasure; and shall have, enjoy and may exercise, all the powers, rights, and privileges, which other corporate bodies may lawfully do, for the further purposes provided for in this act.

General

powers.

road.

SEC. 3. Be it further enacted, That the said company are hereby vested with all the rights, powers, and privileges, Location of necessary for the constructing and keeping in repair, the said rail road, commencing at Grenada, in Yallabusha county, and terminating on the Yazoo river, at the town of Douglas, in the county of Carroll, a distance not exceeding thirty-five miles.

SEC. 4. Be it further enacted, That all the powers and privileges granted by the charter of the Mississippi Rail Act Road Company, in the act, entitled 'an act to incorporate applicable. the Mississippi Rail Road Company,' approved February twenty-sixth, eighteen hundred and thirty-six, shall be, and the same are hereby granted to the company incorporated by this act, so far as the same can be made applicable to the provisions herein contained.

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

Approved, May 13, 1837.

effect.