labour done and performed, and the materials or implements supplied and furnished, or employed in the erection of said building, by any brick-maker, mason, carpenter, painter and gilder, lime merchant, or other merchant, or mechanic, in preference of any other lien, originating subsequently to the commencement of said building, or date of the contract therefor: Provided, that such contract shall be reduced to writing and signed by the parties thereto, and recorded in the clerk's office of the court of probates of the county where such building may be situated, or in case there be no such written contract, that each and every person possessing a lien on such buildings, for work done or materials furnished therefor, shall have instituted a suit for the amount thereof, either by warrant returnable before some justice of the peace of said county having jurisdiction. of the amount thereof, or by a writ of capias ad respondendum, to be issued from the clerk's office of the circuit court of said county, where the amount of the said claim is within. the jurisdiction of the said circuit court, within six months after the date of said written contract, or the commencement of said building: Provided, that the contractor or mechanic shall perform the work according to his or their contract.

probate.

SEC. 2. Be it further enacted, That the said clerk of the probate court shall receive for all records made under the Fees of provisions of this act, such fees as are prescribed in the clerk of case of mortgages; and it shall be the duty of every person holding such lien, and recorded as aforesaid, on receiving payment and satisfaction for the same, to repair to the clerk's office, and enter payment and satisfaction on the record, in the manner prescribed by law, in relation to mortgages, and on the same terms, conditions and penalties.

SEC. 3. And be it further enacted, That the act passed December 16, 1830, supplemental to an act for the relief of Repeal. mechanics, passed February 19, 1821, and all acts and parts of acts coming within the meaning and purview of this act be, and the same are hereby repealed.

Approved, February 15, 1838.

AN ACT to incorporate the Pontotoc Female Academy.

SECTION 1. Be it enacted by the Legislature of the state Trustees. of Mississippi, That Robert Tinnon, Andrew J. Edmundson, Felix Lewis, G. Hyde, Robert Gorden, Solomon Clark, and N. P. Wibe, be, and they are hereby created and constituted a body politic and corporate, by the name and style of the President and Trustees of the Pontotoc Female Academy; and by this name they and their successors may hold, purchase, or receive by donation, subscription, legacy, purchase, or otherwise, any estate, real, personal, or mixed, and may sell, lease, or otherwise dispose of the same, for the use and benefit of said academy; and the said trustees, and their successors, in their said corporate capacity, shall be capable of suing and being sued, of pleading and being impleaded, in all actions, suits, plaints, or matters whatsoever, either in law or equity: they may have a common seal, and change or alter the same at pleasure, and do all other acts and things, which are incident to bodies politic, not repugnant to the constitution and laws of this state, or of the United States.

General

powers.

First meeting of

trustees.

Quorum.

SEC. 2. Be it further enacted, That the first meeting of said trustees shall be at the female academy, in the town of Pontotoc, on the first Monday in April next; and if a majority of said trustees fail to meet at that time, any two of said trustees may call a meeting, at any time thereafter, giving five days previous notice, by advertisement; and which they may continue to do, until a majority of said trustees shall meet.

SEC. 3. Be it further enacted, That a majority of said trustees shall form a quorum to transact business; and upon the first meeting of a majority of the same, they shall President. proceed to elect from their number, a president, secretary, and treasurer, whose duties shall be prescribed, and term of service expire, as may be determined upon by a majority of said board; and said trustees shall have power to make all necessary by-laws, for their government, and for the management of the interest and concern of said academy. SEC. 4. Be it further enacted, That said board shall hold meetings. regular meetings twice in each year, but the president

Call

shall have power to call a meeting of the trustees, whenever he may deem it expedient, by giving three days notice by advertisement.

SEC. 5. Be it further enacted, That in case of death, removal, resignation, or refusal to act, of any trustee, a majority may elect a successor, and that any one neglecting to be present after the notice, at three regular meetings, shall be deemed to have resigned: Provided, the omission to attend be not occasioned by sickness or other disability, or necessary absence from the state.

effect.

SEC. 6. And be it further enacted, That this act shall be To take in force from and after the first Monday in April next. Approved, February 15, 1838.

Commis

tions to

AN ACT to incorporate the Paulding and Pontotoc Rail Road Co. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That W. W. Cherry, Joel Pierson, Thomas H. Williams, John Ruves, William B. Dozier, Asa Harts- sioners appointed field, Benjamin Bugg, Green L. Grant, and Henry S. to receive Hudspeth, be, and they are hereby appointed commission- subscripers, under the direction of a majority of whom subscrip- capital stock, &c. tions shall be received to the capital stock of the Paulding and Pontotoc rail road company, hereby incorporated, which capital stock shall be six millions of dollars, divided into sixty thousand shares, of one hundred dollars each it shall be the duty of said commissioners, at any time within the period of six months after the passage of this act, or as soon thereafter as convenient, to open, or cause to be opened, books of subscription of stock, in said company, at such times, and at such places, according to their direction, under such regulations, not inconsistent with this act, and under the superintendence of such persons, as to the said commissioners may seem best

SEC. 2. Be it further enacted, That it shall be the duty of said commissioners, as soon as practicable, after the pas- Duty of sage of this act, to meet and prescribe the time, place, or commisplaces, at which books are to be opened, the number of shares to be subscribed at each place, the names of the

sioners.

Notice to be given.

General

superintendents, the mode in which the books shall be kept, the cash payments to be made, and how to be secured, and shall give prompt notice thereof to said superintendents the time and places of subscription, and the names of the superintendents shall be given by advertisement at least four weeks previous, in newspapers published in Jackson, Columbus, Pontotoc, and Paulding: a majority of the superintendents at each place may act, and keep open the said books of subscription for ten days, if the number of shares allowed be sooner subscribed: no person shall be provisions. allowed to subscribe for more than fifty shares of said stock, in any one day, of the first five days' subscription, and the subscribers shall pay the amount of their subscriptions in gold or silver, or in the notes of such banks as are solvent and current in this state, five per cent. at the time of subscribing, and five per cent. at the time of the commencement of the construction of the rail road, and the remaining instalments at such times and in such amounts as the directors of said company may direct: Provided, no call for a greater amount than five dollars per share shall be made in every sixty days, until after the expiration of eight months after the said rail road shall have been commenced, after which time no call shall be made for a greater amount than ten per centum on each share, in every ninety days: at the expiration of thirty days from the opening of the books, as aforesaid, the superintendent of the several places of subscription shall forward to the said commissioners, at the town of Louisville, in the county of Winston, a list of subscribers, with the amount of their subscriptions, on the receipt thereof the said commissioners shall forthwith proceed to estimate the amount subscribed; should an excess over the allotted amount be subscribed, at any place, the same shall be transferred to any vacant stock; and if there be no vacancy, on which to place it, the same shall be diminished, the largest subscription being reduced first. SEC. 3. Be it further enacted, That the superintendents, Disposition at the several places of subscription, shall immediately to be made deposite the amounts received, in some solvent bank, as a special deposite, procuring of the cashier, two certificates, in duplicate, one to be retained, and the other to be deliver

of money

received

for stock.

ed to the said commissioners, which certificate shall specify that the amount is to the use of the Paulding and Pontotoc rail road company, and shall be paid to that company if organized, if otherwise, to the several subscribers, or those holding said duplicate certificates for them.

hundred

dollars

subscribed.

Main object

to build a

rail road

SEC. 4. Be it further enacted, That as soon as two hundred and fifty thousand dollars shall have been subscribed, When two the subscribers, their successors, and assigns shall be a and fifty body politic and corporate, by the name and style of the thousand Paulding and Pontotoc rail road company; and by that shall be name, they shall be, and they are hereby made capable in law, to have, hold, and receive, possess, and retain to them, and their successors, property, and estate of whatsoever nature, and quality soever, and the same to alien, transfer, and dispose of, so as to carry into complete effect, the main object of this charter, which is hereby declared to be the construction and extension of a rail road, from the town of Paulding, in the county of Jasper, in the direction of the of this act county of Choctaw, thence to Houston, in the county of Chickasaw, thence to the town of Pontotoc, and thence to route. some point on the Tennessee river, in the county of Tishamingo; and also a rail road, from the Mississippi city, in the county of Jackson, to the town of Jackson, to connect with the rail road from Natchez and Vicksburg, thence in the most practicable route, to connect with some suitable point with the road from Paulding to Pontotoc, in the counties of Choctaw and Winston: the said company shall have power to own all real snd personal estate, necessary powers. for the objects of this incorporation; they may deal in exchange, and other stock, may make, contract, and issue their promissory notes, and be liable therefor, but the indebtedness of said company shall, at no time, exceed the capital stock thereof; and, as such body politic and corporate, they may sue and be sued, plead and be impleaded, and prosecute and defend themselves in all courts whatsoever, and shall possess, and enjoy all the rights, privileges, and immunities incident to bodies politic, have a common seal, and the same to alter or change at pleasure, or act and contract without seal, and make such by-laws, rules, and regulations, not inconsistent with the laws of

General