AN ACT to amend the fifteenth section of an act entitled 'an act for the punishment of crimes and misdemeanours,' passed June 14th, 1822.

SECTION 1. Be it enacted by the Legislature of the state Number of of Mississippi, That from and after the passage of this act, peremptory the trial of any white person or persons indicted for allowed to any capital offence, the accused shall not be entitled to

challenges

the

prisoner,

and the state, on

trial for a capital offence.

Part of former

section

upon

challenge, peremptorily, above the number of twelve persons presented as jurors to pass upon his case; and the state in the same case, shall be permitted a peremptory challenge of six persons, and in all criminal cases, where the offence is not capitally punished, the state shall be entitled to two peremptory challenges, provided always, that all peremptory challenges by the state, shall be made before the state presents the juror to the prisoner, and not afterwards.

SEC. 2. Be it further enacted, That so much of the said. fifteenth section, to which this act is an amendment, as is repealed. contrary to the provisions of this act, be, and the same is hereby repealed.

Approved, February 25, 1836.

AN ACT to amend an act entitled 'an act to render cotton receipts, promissory notes, bonds, and other writings, obligatory for the payment of money or other things, negotiable, and prescribing the mode of protesting foreign and inland bills of exchange, and the effect thereof, passed June 25th, 1822.

SECTION 1. Be it enacted by the Legislature of the state Damages of Mississippi, That all bills of exchange drawn or which on protest- may hereafter be drawn upon any person or persons, body

ed notes

exchange drawn by persons,

politic or corporate, resident within the United States, and out of this state, which shall be returned protested, the &c., out of damages on such protested bill, shall be five per centum on the juris- the sum drawn for, and all bills in like manner drawn upon the state, any person or persons, body politic or corporate, resident out of the jurisdiction of the United States, being protested, the damages shall be ten per cent. on the sum mentioned

diction of

and of the

in the said bills respectively, and all charges incidental thereto, with lawful interest until the same be paid from the maturity thereof, and no suit or action shall be sustained or commenced on any bill of exchange, until after the maturity thereof.

repealed.

SEC. 2. Be it further enacted, That so much of the fifth section of said act, as prescribes damages on protest of bills Former act of exchange, drawn in this state upon any person, body politic or corporate, within the same, be, and the same is hereby repealed.

on protest

upon per

SEC. 3. Be it further enacted, That all bills of exchange Damages drawn, or which may hereafter be drawn upon any person ed notes, or persons, body politic or corporate, resident out of the &c., drawn jurisdiction of the United States, being protested, the sons, &c., damages on such protested bills, shall be ten per cent. on of the juristhe sums mentioned in said bills respectively, and all diction of charges incidental thereto, with lawful interest until the same is paid.

Approved, February 27, 1836.

residing out

the U. S.

tion

created.

Commissioners.

AN ACT to incorporate the Northern Bank of Mississippi, and for other purposes.

SECTION 1. Be it enacted by the Legislature of the state Corpora- of Mississippi, That a bank shall be established in the town of Holly Springs, with a capital of two millions of dollars, to be divided into shares of one hundred dollars each; and that books for such subscription to the same, shall be opened in Holly Springs, under the superintendence of A. C. McEwen, William Davis, James W. Hill, Byrd Hill, E. H. Whitfield, Spearman Holland, F. W. Huling, D. Henderson, William J. Cain, and Pleasant Mosly. At the town of Ripley, Robert H. Warren, Edmund J. Bailey, Mr. Stricklin, Joseph Matthews, and Doctor Thomas. At the town of Jacinto, Shelby Ussery, Thomas Pate, Samuel C. Jones, A. G. Benthall, and Stephen L. Hoge. At the town of Wyatt, Horatio Nelson, John W. Martin, Wyatt C. Mitchell, A. Peterson, and James Hester. At the town of Belmont, Robert Wallace, Miller McGehee, Cullen Anderson, Henry Lard, Thomas G. Hudspitch, and Robert Clanton. And at the town of Jefferson, Felix H. Walker, B. F. Hancock, David L. Henderson, or any three of them; and at such other times and places as they may direct, notice thereof to be given, by publishing the same for at least thirty days, in two or more newspapers, and in such other manner as they may direct; and shall remain open until the sum of two hundred and fifty thousand dollars shall be subscribed; and the sum thus subscribed, shall be paid one-fifth at the time of subscribing, one-fifth in six months, one-fifth in twelve months, one-fifth in eighteen months, and the remaining one-fifth in twenty-four months: Provided, That no person, firm, or corporation, shall subscribe directly or indirectly, in his, her, their or its name, for more than twenty shares on any one day, until five days shall have elapsed from the opening of said books.

SEC. 2. Be it further enacted, That as soon as the sum

of two hundred and fifty thousand dollars shall be sub- Powers and scribed, the subscribers, their successors and assigns, shall privileges. be a body corporate and politic, by the name and style of the Northern Bank of Mississippi, and shall so continue, until the first day of January, eighteen hundred and sixtytwo; and by that name, shall be able and capable in law, to have, purchase, and possess, receive, enjoy, and retain, to the use of them and their successors, lands, tenements, goods, chattels, and effects of any kind, nature, or quality soever, to an amount of six hundred thousand dollars, and the same to grant, alien, and to dispose of at pleasure: Provided, no real estate so acquired, other than such as shall be necessary for a banking house, and one thousand feet wide from one end of the railroad hereinafter provided for, to the other, and all necessary depots shall not be held or retained for a longer period of time than seven years; and shall by the name and title aforesaid, be capable and liable in law, to sue and be sued, plead and be impleaded, answer and be answered, and to defend and be defended, in any suit, action, matter, or thing, pending in any court of law or equity, and also to have and keep a common seal, and the same to alter or amend at pleasure; also to ordain, establish, and put in execution, such by-laws, ordinances, and regulations, not contrary to the laws of the United States or of this state, as they may deem necessary and expedient for the good government of said corporation; and generally, to do and execute all and singular, the acts, matters, and things which to them may appear necessary, or are incident to bodies corporate, subject to the rules and regulations hereafter prescribed and declared; and there may be donated to or purchased by the company, to be laid off into lots and sold for the purpose of aiding in the construction of said rail road, twenty acres of land in the town of Holly Springs; ten acres of land at the town of Chullahoma, and ten acres of land at the town of Hendersonville.

SEC. 3. Be it further enacted, That the following rules and regulations shall form and be the fundamental articles Rules and regulations. of the said corporation. First-Every stockholder being a citizen of this state, and not a director of any other bank,

shall be eligible as a director; and shall, at all meetings of Rules and the stockholders, be entitled to vote for directors, according regulations. to the number of shares, he, she, or they, shall respectively

hold in the proportion following: that is to say, for each and every share, not exceeding ten, one vote; for every five shares over fifty, two votes; for every five shares over fifty, and not exceeding one hundred, four votes; and for every ten shares not exceeding one hundred, one vote; but no person, co-partnership, or corporation, shall be entitled to a greater number than one hundred votes: Provided, no share or shares shall confer the right of voting, which shall not have been holden by subscription, actual transfer, or purchase; at least ninety days previous to such meeting or election And, provided, also, That the stockholders shall have the right of voting by proxy. Second-No director shall receive any emolument for his services as such; but it shall be lawful for the president, to receive such compensation as the directors may deem just and reasonable; and each director shall be entitled to a preference accommodation loan, not extending beyond the time for which he may have been elected, to the amount of three thousand dollars, on securing the same to the satisfaction of the board, and paying the usual discount until the sum of two millions of the capital stock shall have been paid in; after which, he shall be entitled, in like manner, to a standing accommodation of not exceeding five thousand dollars. ThirdBefore any board of directors shall enter on their duty as such, after election, by the provisions of this act, they shall examine the condition of said corporation, and sign triplicate receipts to their predecessors in office, setting forth the amount of specie on hand, the amount of notes in circulation, the amount of debts due to and by said corporation; and of all other property which said company may own, shewing the true condition of the said institution at the time they shall take charge of the same; and the president of said company shall either the first week or week thereafter deposite one of said receipts in said bank; one he shall deliver to the members of the preceding board, and shall transmit the other to the office of the auditor of public accounts, for the inspection of the legislature. Fourth