any land, earth, timber, or other materials, wanted or needed for the erection and completion of said road, should be absent, or refuse to contract with said company or their agents, it shall be lawful, on application in writing, made to the nearest justice of the peace, for said justice of the peace to issue his warrant, directed to the sheriff or other officer, to summon a jury of twelve freeholders; who, when assembled by said warrant or summons, shall, on oath, administered by said sheriff to each of said jury, that they will justly value the damages, the owner or owners may or will sustain, by the use or occupation of said land or materials, by said company. The jury in determining such damages, shall take into consideration, the benefits resulting to said owner, and shall make their inquisition in writing, signed by each of the jurors; which shall be returned by the sheriff, to the office of the circuit court, of the county in which the lands are situate; and shall be confirmed by said circuit court at its next term, if no sufficient cause to the contrary, be shown; and when confirmed, shall be recorded by the clerk, at the expense of the company; and such valuation, when paid, or tendered by the company, shall vest a complete title in said company; and the valuation, if not received by the owners, when the same is tendered, may be afterwards received by the owner or owners, his, her, or their legal representatives. For the services. rendered by the sheriff by this act, he shall receive the sum of three dollars per day; and each juror, two dollars per day, to be paid by the company, on the certificate of the clerk of said court: Provided, That nothing in said proceeding, shall, in any way, impede said company in the construction, repair, and maintenance of said road, or in any warehouse or other works SEC. 9. Be it further enacted, That all the rights, privileges, powers, and regulations, that are embraced in 'An Acts act to incorporate the Mississippi rail road company,' so far applicable. as regards the mortgage of real estate, for the security of the stock subscribed, and the sale of the bonds, for the purpose of raising money, are hereby extended to, and conferred on the Hernando rail road and banking company, to the same extent, as is given by said act, to the Mississippi rail road company. Duty of company. SEC. 10. Be it further enacted, That whenever, in the construction of said road or roads it shall be necessary to cross or intersect any established road or way, it shall be the duty of the president and directors of said company, so to construct said roads across such established road or way, as not to impede the passage and transportation of persons or property along the same; or when it shall be necessary to pass through the lands of any individual, it shall be their duty to provide for such individual, a proper wagon way or ways across said road or roads, from one part of his land to the other; that the said company shall have power to place on any railways constructed under this act, all machines, locomotives, vehicles, or carriages of any description whatsoever, which they may deem necessary or proper, the purpose of transportation on said road, of goods, produce, merchandise, or other property and passengers, at such rates as the company may think proper to fix: Provided, however, that the rates shall be so fixed, as not to allow annual dividends upon the net profits, of more than an average of fifteen per centum per annum upon the amount paid in, from the time the same is then paid in. for SEC. 11. Be it further enacted, That the board of direcDividends. tors shall annually or semi-annually declare, and make such dividends, as they may deem proper, of the net profits arising from the receipts of said company, after deducting the necessary current and probable contingent expenses thereof. SEC. 12. Be it further enacted, That if any person or persons, shall wilfully injure or destroy any part of said rail road, or attempt so to do, constructed by said company under this act, or any of their works, carriages, vehicles, or machines, each person or persons so offending, shall, for every such offence, be liable for all such damages occasioned thereby; and may furthermore be proceeded against by indictment or information, at any time within twelve months after said offence be committed, and be punished by a fine, not exceeding one thousand dollars, and imprisoned, not exceeding six months, at the discretion of the court. SEC. 13. Be it further enacted, That if said rail road shall not be commenced within three years from the first election of directors, or shall not be finished in six years from that time, then this act shall be null and void, and the powers herein conferred, shall cease. SEC. 14. Be it further enacted, That the president and directors of said company, shall have power to deal in Exchange. exchange; they may issue notes, signed by the president, and countersigned by the cashier, for sums not less than five dollars, which shall be obligatory on the company: Provided, that the notes so signed, at no time, exceed twice the amount of the capital stock of said company paid in, and remaining unexpended upon said rail road and its works. SEC. 15. Be it further enacted, That the president and directors of said company, may appoint a cashier and such Officers. number of clerks, as they may think proper, who shall respectively enter into bond, with security, payable to the president and directors of said company, in such penalty as the president and directors may require, conditioned for the faithful performance of their duty. ble. SEC. 16. Be it further enacted, That the stock of said Stock company shall be assignable and transferable, according to transferasuch rules as shall be prescribed for that purpose, in the by-laws, regulations, and ordinances thereof. SEC. 17. Be it further enacted, That not less than a majority of the directors, of whom the president shall be Quorum. one, shall constitute the board for the transaction of business: Provided, that in all cases of sickness or necessary absence of the president, his place may be supplied by any other director whom the board may appoint to that office: and, provided also, that said president and directors may appoint a committee of not less than four members, one of whom shall be the president, to examine applications for, and allow discounts. SEC. 18. Be it further enacted, That the said corporation shall have power to make discounts at the following rates, Discounts. to wit:-On notes, bills, or bonds, having less than twelve months to run, at the rate of seven per centum per annum ; on long loans, renewals, &c. additional security may be required; and on such long loans, discount shall not be taken in advance, for more than one year. One-third of Branches may be the capital stock of said company, shall be employed in loans of one year or longer, if applied for on sufficient security, between the first day of December and April, in each year. Said company may loan money on a pledge of real estate, and make suitable regulations in this respect; but shall not, in any case, be permitted to purchase in the estate so pledged. SEC. 19. Be it further enacted, That the president and directors of said company, may establish a branch of said established. bank at such place within the limits of this state, as seem best to said directors: Provided, that not less than three, nor more than five hundred thousand dollars of the capital stock of said company, shall be applied to, and form the capital stock of said branch: and, provided also, that said company shall have the power to change the location of said branch, when once established. SEC. 20. Be it further enacted, That the banking powers. Duration of of said company, shall enure to them until the year eighteen charter. hundred and sixty; after which, they shall cease, if not renewed by legislative enactment. tion and report. SEC. 21. Be it further enacted, That the legislature may Examina appoint a committee, or elect a commissioner or commissioners, to examine the books and papers of said bank, to enable them to make a full report of the condition of said bank, to the legislature; and before any set of directors. shall enter upon their duties as directors, they shall make a full report of the condition of said bank, setting forth the amount of gold and the amount of silver on hand; the amount due for and to said bank; and all other matters, showing the true condition of said bank; and the same shall be done at its branch, if it establishes one; and make and sign triplicate receipts, and deliver one to their predecessors; one they shall deposite in the bank; and the other, they shall forward, within ten days, to the auditor of public accounts, to be laid by him before the next legislature. Duny of teller, in certain SEC. 22. Be it further enacted, That if said bank, at any cashier or time, fails or refuses to redeem its notes in specie, it shall be the duty of the cashier or teller, to endorse the day and year of the presentation of any note or notes; and such notes shall bear interest at the rate of twelve and one-half cases. per centum per annum until paid; and any cashier or teller neglecting or refusing to make such endorsement as above required, shall, for each offence, be subject to a fine of five hundred dollars, recoverable before any court having competent jurisdiction thereof. SEC. 23. Be it further enacted, That the said capital stock of said company, shall, from time to time, as the Tax. legislature may hereafter direct, be subject annually, to be taxed to an amount, not exceeding twenty-five cents on each hundred dollars thereof, and such tax shall be paid into the state treasury. effect. SEC. 24. Be it further enacted, That this act shall take To take effect and be in force, from and after the passage thereof. Approved, May 13, 1837. AN ACT to prevent the evil practice of duelling in this State, and for other purposes. advising to SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That every person who shall hereafter chal- Penalty for lenge another to fight a duel, or who shall send, deliver fighting or or cause to be delivered any written or verbal message fight a duel. purporting or intended to be such challenge, or who shall accept any such challenge, or message, or who shall knowingly carry or deliver any such challenge or message, or who shall be present at the time of fighting any duel with deadly weapons, either as second, aid, or surgeon, or who shall advise or give assistance to such duel, shall on conviction thereof, before any circuit or criminal court in this state, be fined in a sum of not less than three hundred dollars, nor exceeding one thousand dollars, and shall be imprisoned for a term of time not less than six months. challenge SEC. 2. Be it further enacted, That if any person shall give or accept such challenge, or knowingly carry or Challenger deliver such challenge, or the acceptance thereof, be second or bearer of of either party, to any duel, such person shall be incapable prohibited of holding, or being elected to any post of honour, profit ing office. or emolument, civil or military, under the constitution and laws of this state, and the appointment of any such person from hold |