Repeal.

processes, bonds, recognizances, and other proceedings, shall be returned and acted on at the first court under this act in the same manner specified in the fifteenth and sixteenth sections, in an act, entitled 'an act further to amend an act to organize and establish circuit courts, and to define their powers and jurisdiction in law and equity,' approved February twenty-fourth, eighteen hundred and thirty-six.

SEC. 3. And be it further enacted, That all acts contrary to the provisions of this act be, and the same are hereby repealed, and that this be in force from and after the first day of February, eighteen hundred and thirty-eight.

Approved, February 2, 1838.

AN ACT to incorporate the Charleston and Tallahatchee Turnpike
Company, in the county of Tallahatchee.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That for the purpose of establishing and constructing a turnpike road from the town of Charleston, in Tallahatchee county, and erecting the bridges across Tillatoba creek, and such sloughs as may be upon the route of said turnpike road, to the most eligible point on the Tallahatchee river, either above or below the mouth of Tillatoba creek, that may be selected by the commissioners hereinafter mentioned, or by commissioners to be appointBoard of ed, by the board of police of said county, upon the petition of the stockholders in said turnpike company, books may Books may be opened for the subscription of stock in Tallahatchee be opened under the county, under the superintendence of George W. Johnson, dence of. James Allford, Walter A. Mangum, William Quarles, Thomas A. Chevis, Alexander H. Davidson, John K. Malbrey, I. L. Watkins and Green B. Goodwin, or any three of them who are hereby appointed commissioners for that purpose; and also books may be opened for the same purpose, under the superintendence of William Metcalf, John Lush, John A. Tanner, Henry O. Bridges,

police.

Nash, and John Porter, commissioners, or any three of Books at them, at Oakland, in the county of Yallabusha, the books shall remain open until the sum of eight thousand dollars

Oakland.

open till

subscribed.

Notice to

be given.

stock

Directors

is subscribed in shares of fifty dollars each, and the books Books to may continue open until a sufficient sum is subscribed to remain complete said road, and the necessary bridges, to such $8,000 is point or landing on the Tallahatchee river, as may be selected for that purpose, in pursuance of the provisions of this act, as soon as eight thousand dollars shall be subscribed, the commissioners above mentioned, or any five of them, shall give public notice thereof, in any newspaper, published either in Tallahatchee or Yallabusha county, or they may cause written notices to be put up at such places, as they may consider best calculated to give general notice Notice to to the stockholders, for the purpose of convening the stock- holders. holders at such place as they may designate, and when thus convened, the stockholders shall elect from among themselves seven directors, who shall thereupon, or at such time and place as they may appoint, convene and chosen, &c. elect one of their members president; and the president and directors thus elected, shall continue in office twelve months, from and after the time of their election, and office. before they enter upon this discharge of their duties, they shall be sworn before some justice of the peace, that they Oath to be will faithfully and honestly perform and observe the duties taken. that may devolve upon them as such, and at the end of each year, or as soon thereafter as may be convenient, successors shall be elected by the stockholders of said Succeeding turnpike company, upon notice given in writing by two or more stockholders, at three several places most convenient to the majority of said stockholders, of the time and place said election may be holden.

to be

Term of

directories.

style, and

SEC. 2. Be it further enacted, That as soon as the sum of eight thousand dollars may be subscribed, the subscribers shall be a body politic and corporate, by the name and Name, style of the Charleston and Tallahatchee turnpike com- preroga pany, and by that name shall be capable in law of purchas- tives. ing and holding so much real estate as may be necessary for the places of depot and deposite, on the Tallahatchee river or elsewhere, and said turnpike company shall be capable and liable to sue and be sued, plead and be impleaded, in any suit or action at law or in equity, and they may make and put in execution all by-laws and rules

which may be deemed expedient and proper, not inconsistent with any law of this state, or the provisions of this act. SEC. 3. Be it further enacted, That each and every stockWho may holder shall be entitled to vote in person, or by proxy, in

vote for

directors.

Contracts

On such

terms, &c.

may deem

Requisi

tion of stockhold

all matters in which said corporation may be interested, one vote to each share, not exceeding ten shares, and then every two shares above that number, shall entitle the owner or owners thereof to one additional vote.

SEC. 4. Be it further enacted, That as soon after the may be let. election and qualification of the president and directors of said turnpike company, as they may deem expedient, they may proceed to let the building and constructing of the said turnpike road, and necessary bridges on the route selected; either at public or private contracts, and in such as directors parts and parcels as they may consider most advisable, expedient. and upon such terms and conditions as they may adopt and require, and to carry out the objects and purposes of said turnpike company, as contemplated by this act, the president and directors shall have full power and authority, and they all are hereby authorized to require the payment of so much of the stock on each share subscribed for, as they ers to pay may deem necessary, from time to time, not to exceed, however, at any one time, the payment of more than ten dollars on each share, after giving twenty days notice in writing, as aforesaid, of the time and place of paying such calls; and if any stockholder or stockholders in said turnrefusal to pike company, their assigns or legal representatives, shall fail or refuse to pay the calls that may, from time to time, be required by any order of the president and directors, and to such person or persons as they may direct and require, the same to be paid to, to meet any contracts made by the president and directors, for said turnpike company; the stock of such stockholder or stockholders, or Stock may their assigns or legal representatives, shall be sold to the defaulter. highest and best bidder, on giving the like notice of twenty days, of the time and place, the same, or so much of the stock, as the president and directors may think fit and proper to sell, belonging to such defaulting stockholders, or to their assigns or legal representatives, and the president and directors, shall transfer, or cause the stock thus

In case of

pay.

be sold of a

Power to

transfer in case of a

sale.

may sub

stock.

sold to be transferred by their secretary, to the purchaser or purchasers of said stock, and the amount that may have been paid upon such stock, as may be sold, shall be forfeited. SEC. 5. Be it further enacted, That the board of police for Tallahatchee county may subscribe and take stock in Board of police of the said turnpike company, if they shall deem it expedient Tallato do so, to be paid out of the three per cent. fund, and hatchee they shall be entitled, provided they shall subscribe for scribe fifty shares of stock in said turnpike company, to appoint one of their own number, or some other suitable person a director in said company, and such director shall have the right to vote in proportion to the amount of stock that may be taken, by the board of police, and shall have all the rights and privileges that the other directors may be entitled to; and the police court shall be entitled to share in the dividends, and in all the advantages that may arise to said turnpike company in equal proportion to the amount of stock taken by them for the benefit of Tallahatchee county.

be well

ed, and

may, &c.

SEC. 6. Be it further enacted, That it shall be the duty of the president and directors of said turnpike company, to Road and have the said turnpike road and bridges well constructed, bridges to and to be at least twelve feet wide, with the necessary constructturning out places, that wagons and teams may pass each when comother with safety, and that when they may consider the pleted, said road fit for use, they may apply to the board of police of Tallahatchee county to have three disinterested freeholders appointed commissioners, to examine the said road and bridges, and report thereon immediately to said court, in writing, whether the same is fit for use; and if the commissioners shall report favourably, then, and not till then, shall toll be received as hereinafter provided; for dividends shall only be declared after deducting the costs of repair and necessary incidental expenses attendant on the management of the affairs of said company.

miles shall

SEC. 7. Be it further enacted, That as soon as three miles of said turnpike road shall be completed, and reported by When three the commissioners fit for use, one-half of the rates of tolls be fit for hereinafter mentioned, may be charged and received by said turnpike company, and that as soon as the said turnpike road shall be completed and reported fit for use, as far

use.

Tolls.

pay tolls.

as the first large slough north of Tillatoba creek, and which is about four miles and a half west of the town of Charleston, the following tolls may be received, for passage and transportation, over said road and bridges, (to wit:) for each and every person on foot, twelve and a half cents; for man and horse, twenty-five cents; for cattle, horses, and mules, six and one-fourth cents each; for carriages and wagons of four wheels and teams, one dollar each; for twowheeled carriages, carts, and teams, fifty cents each; and the location of said turnpike road, and the direction in which it shall run, shall be irrevocably fixed by the commissioners provided for by this act, and when the turnpike road and bridges shall be completed to the Tallahatchee river, to be ascertained as aforesaid, the president and directors of said turnpike company may charge and receive such other and further rates of toll as may be allowed by the police court, not to exceed, however, more than double the rates above specified, nor shall any tolls be received, when said turnpike road or bridges are out of good repair, and are not safe for passage or transportation; and the said turnpike company shall continue and be a body corporate and politic, for and during the term of twenty-five years after the passage of this act.

SEC. 8. Be it further enacted, That if any person shall Refusal to refuse to pay the tolls herein allowed to be charged and received by said company, or shall attempt to evade the provisions of this act, shall be liable in the penalty of ten dollars, to be recovered in the name of the president and directors of said company, before any justice of the peace.

Toll.

SEC. 9. And be it further enacted, That toll for fourwheel carriages, drawn by one horse, shall be fifty cents. Approved, February 2, 1838.

Authority

to erect.

AN ACT to authorize McKee and Patterson to build a Bridge across the Yocnapatapha river, and a Turnpike across the Swamp near the town of Sardinia, in the county of Yallabusha.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That Robert McKee and -Patterson,