powers.

H. McRae, Titus Howard, George Dillard and Doctor Peat, and their successors in office, be, and they are hereby created a body politic and corporate, by the name and style Name and style and of the 'Board of Trustees of the Tuscahoma academy,' and general made capable by this name of receiving by donation or purchase, mortgage or otherwise, real estate to any amount, not exceeding in value ten thousand dollars, and personal estate to any amount not exceeding five thousand dollars, for the benefit of the said institution; of suing and being sued, pleading and being impleaded, in all manner of actions, in any court of law and equity, and of doing all other acts incident to bodies corporate; they shall have power to fill all vacancies, that may occur in their body by death, resignation, removal, or refusal to act; they shall have power to appoint a president and other officers, and assign to each and all, their several duties; to employ such professors and teachers as may be necessary for the conducting the literary concerns of the said academy, the promotion of learning and morality among the students, and for other purposes; they shall have full power to make all by-laws for the government of the academy, for the regulation and government of their members, and, in fine, may enact all such by-laws, as may conduce to the benefit of the said institution, which are not repugnant to the constitution and laws of this state, or of the United States.

trustees.

SEC. 2. Be it further enacted, That the first meeting of the board of trustees, shall be held at the academy, or in First meetthe town of Tuscahoma, on the second Monday in March ing of next, and if a majority of the trustees shall fail to meet at that time, any two of them may call a meeting, by giving at least ten days previous notice thereof by advertisement, and may renew such call, until a quorum thereof meet, and at such times thereafter as such board may direct, so that such number of times be not less than twice in each and every year, but the president shall have power to call a meeting at any time, by giving at least three days notice removals of thereof; in case of the absence of the president at any shall be meeting of the said board, any member may be called to made. the chair, as president, pro tempore; and said board shall have power to remove, at any time, any officer or member thereof, for malconduct in office.

When

officers

Quorum.

Take effect.

SEC. 3. Be it further enacted, That a majority of said board shall constitute a quorum for the transaction of business.

SEC. 4. And be it further enacted, That this act shall be in force and take effect from and after its passage.

Approved, February 2, 1838.

Amend

ments.

Tax on

billiard

tables.

AN ACT to amend the charter of the Port Gibson Academy.

SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the first section of an act, entitled 'an act to appoint a board of trustees for Clinton academy, in Claiborne county,' passed January thirty-first, eighteen hundred and twenty nine, and amended by an act, entitled 'an act changing the name of Clinton academy, in Port Gibson,' passed February twelfth, eighteen hundred and thirty, be further amended, and that the Reverend Zebulan Butler, John D. Vertner, and James H. Maury, be appointed trustees of said academy, in addition to the trustees of said academy already in office.

SEC. 2. Be it further enacted, That the second section of said first recited act be amended, and that the said president and trustees of the Port Gibson academy be, and they are hereby authorized to hold real estate and personal property to any amount, not exceeding one hundred thousand dollars; and they are also authorized, whenever they may deem it expedient, to appoint, by a resolution of their board, additional trustees of said academy.

SEC. 3. Be it further enacted, That the tax on billiard tables in Claiborne county, to which said president and trustees of the Port Gibson academy are entitled, pursuant to their charter, passed in the year eighteen hundred and twenty-nine, shall, in all cases, be paid before a billiard table is set up for play.

SEC. 4. Be it further enacted, That any person wishing to set up, and use a billiard table for play in Claiborne county, may do the same by first obtaining a license from the secretary of said president and trustees of the Port Gibson academy, which license the secretary is hereby

directed to grant, for the term of six months, on the applicant paying into the hands of said secretary, for the use and benefit of said academy, the sum of one hundred and twenty-five dollars, if for six months; or seventy five dollars, if for three months; and every billiard table, the owners and keepers thereof, so set up and licensed as aforesaid, shall be exempted from further taxation, on account of said table, and all the pains and penalties imposed by law, until such license shall have expired.

SEC. 5. Be it further enacted, That if any person shall keep or permit to be kept, or exhibited, any billiard table for play in said county, not being licensed agreeably to this act, or shall be in any way interested, or concerned in said table in said county, and affidavit be made thereof before some justice of the peace, the said justice is hereby authorized and required to issue his warrant, and cause said person to be apprehended and brought before him; and on his conviction of the offence charged, the said justice is hereby authorized to fine said person, in any sum not less than forty, nor more than fifty dollars, which fine shall be paid to the treasurer of the said president and trustees of the Port Gibson academy, for the use and benefit of said academy.

sale.

SEC. 6. Be it further enacted, That the president and trustees of the Port Gibson academy shall be entitled to Proceeds of the proceeds arising from the sale of any runaway slave, or Runaway slaves, sold in said county for the use of said academy; and slaves. they shall also be entitled to all property, real or personal, which has escheated in the said county, or which may hereafter escheat, for the use and benefit of said academy, to be recovered in the manner now prescribed by law.

SEC. 7. Be it further enacted, That this act, and the acts to which this is an amendment, shall be deemed public acts, Nature of and as such, received in all courts of justice and elsewhere, and the same may be given in evidence, without being specially pleaded.

SEC. 8. And be it further enacted, That this act, shall Take effect. take effect, and be in force, from and after its passage.

Approved, February 5, 1838.

AN ACT to amend the charter of the Mississippi and Alabama Rail
Road Company.

SECTION 1. Be it enacted by the Legislature of the state Transfer of of Mississippi, That all the rights, powers, privileges, and rights, &c. immunities granted by charter to the Jackson and Brandon rail road and bridge company, shall inure to and form a part of the charter of the Mississippi and Alabama rail road company: Provided, that the president, directors, and company of said Brandon and Jackson rail road and bridge company, shall enter upon the records of said company their assent to the provisions of this section.

Reserva

SEC. 2. Be it further enacted, That the state hereby reserves to itself the power of restricting the bank in the tion to the issue of its notes after the year eighteen hundred and forty, of less denomination than ten dollars: Provided, a law be passed restricting the issues of all other banks in like

state.

manner.

SEC. 3. Be it further enacted, That the said Mississippi Authority and Alabama rail road company are hereby authorized and to change required to open and construct a rail road from the city of the original direction of Mississippi, or some other eligible point on the gulf of

the rail

road.

be disposed

of.

Mexico, to or near the town of Paulding, in the county of Jasper; and in the event of said company commencing said rail road within twelve months after the passage of this act, and completing the same within the time prescribed in the charter of said company, for the completion of the road contemplated in its charter, then so much of the charter thereof as authorizes and requires the construction of a rail road from Jackson to Mobile, except that portion of. the road between Jackson and Brandon be, and the same is hereby repealed.

SEC. 4. Be it further enacted, That said company may How unsold dispose of their entire stock, and secure the payment therestock may of by mortgage on real estate, including slaves at half the estimated value thereof, upon which mortgages the said company may issue bonds, redeemable in or before the year eighteen hundred and sixty, bearing an interest not exceeding six per cent. per annum, payable semi-annually, which bonds may be sold in any foreign or domestic market, at the discretion of said company.

of estates.

SEC. 5. Be it further enacted, That the mortgaged estates contemplated in the preceding section, shall be valued by Valuation two or more commissioners appointed by said company, the owner or owners of said estate paying a reasonable compensation for such assessment, to be fixed by the president and directors of said company.

SEC. 6. Be it further enacted, That books for the subscription of the unsold stock of said company shall be Books may be opened. opened at such place or places, and at such time or times, and under the superintendence of such person or persons, as the president and directors may appoint, and upon all stock hereafter sold, there shall be paid at the time of subscribing, as has been paid for stock already sold.

be sold.

SEC. 7. Be it further enacted, That if said company shall sell the bonds contemplated by the third section of this act, Bonds may then such sums as have been paid by each stockholder upon his stock, shall be loaned to the owner of such stock, upon application for the same.

SEC. 8. Be it further enacted, That said company shall Visitation. be subject to visitation, in such manner and at such time, as the legislature may hereafter direct.

road is

SEC. 9. Be it further enacted, That when said rail road shall have been completed, to the said town of Paulding, When the or as near to the said town as it shall be completed, the complete. privilege shall be granted to any authorized company to connect with or extend said rail road to any part of this state, and all goods, wares, and merchandise transported, and offered for transportation, at such points of intersection or extension, shall be taken and transported to its place of Transportadestination on the said road, by the said Mississippi and Alabama rail road company, speedily and without delay, on the same terms as other articles of like description are transported on said road by said company.

tion of pro

duce, &c.

SEC. 10. And be it further enacted, That this act shall Take effect. take effect, and be in force from and after its passage.

Approved, February 5, 1838.