AN ACT to allow Daniel Harkins to receive certain toll for a bridge across the Yocanapatafa river, in the county of Lafayette. WHEREAS Daniel Harkins, of the county of Lafayette, has at much expense and trouble, erected a bridge across Preamble. the Yocanapatafa river, in said county, on the road leading from Memphis to Coffeeville, and it being reasonable that he should receive some compensation therefor, it being a public and general convenience. SECTION 1. Be it therefore enacted by the Legislature of the state of Mississippi, That from and after the passage of Tolls. this act, the said Daniel Harkins, his heirs, devisees, or assigns, may demand and receive the following toll for said bridge, to wit: for each wagon and team, seventy-five cents; for each small wagon, fifty cents; for each carryall, thirty-seven and one-half cents; for each cart, twenty-five cents; for each man and horse, twelve and one-half cents; for each loose horse, six and a fourth cents; for each hog, goat, or sheep, one cent; for each footman, six and a fourth cents; for each head of cattle, two cents. toll may be SEC. 2. Be it further enacted, That said toll shall not be exacted unless said bridge be in good repair; and, in such on what case, any person crossing the same without payment there- conditions of, shall be liable to a penalty of five dollars for each exacted. offence, to be recovered before any justice of the peace of said county, by warrant, in the name of said Harkins, his heirs, devisees, or assigns: Provided, that said Daniel Harkins, or his successors, shall be liable for all damages incurred by any individual by reason of his said bridge. being out of order, recoverable before any court having competent jurisdiction. continue SEC. 3. Be it further enacted, That the privilege herein granted shall extend for the term of ten years and no Powers to longer: Provided, that the board of police of said county for ten may, at any time, for the use of said county, purchase the years, &c. said bridge of said Harkins, his heirs, devisees, or assigns, at a fair valuation, which shall be made by two commissioners, one of whom shall be appointed by the said board, and the other by the owner or owners of said bridge; and in case the said commissioners cannot agree, they shall To take effect. appoint an umpire to determine the price and terms upon which said purchase shall be made. SEC. 4. And be it further enacted, That this act shall be be in force, from and after its passage. Approved, February 8, 1838. Time AN ACT to amend an act entitled an act to incorporate the Belmont SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the further time of twelve months be extended. allowed said turnpike and bridge company to complete the bridge and turnpike, which they are allowed to build and construct by the act which this is intended to amend; and that this act shall be construed to amend the said act, by extending to them the additional time of twelve months from the first day of August, 1838; and that the seventh section of said act is hereby repealed. To take effect. SEC. 2. And be it further enacted, That this shall take effect from and after the first day of August, 1838. Approved, February, 8, 1838. Scott county. AN ACT to attach that portion of territory lying east of the old SECTION 1. Be it enacted by the Legislature of the state Territory of Mississippi, That all that portion of territory lying east attached to of Pearl river and the old Choctaw boundary line, designating the dividing line between the Indian and white settlements prior to the treaty of Dancing Rabbit creek, in 1830, from the point where the said boundary line crosses Pearl river, to the point where the same intersects the present western boundary line of the county of Scott, be, and the same is hereby attached to the county of Scott. SEC. 2. Be it further enacted, That the competent authorities of the county of Scott shall hereafter exercise the of Scott county to same authority and jurisdiction over all citizens and pro- Authorities perty within that territory which they are authorized by law to exercise over the citizens and property of any other have power portion of the county of Scott. over, &c. SEC. 3. And be it further enacted, That this act shall Take effect. take effect and be in force from and after its passage. Approved, February 8, 1838. AN ACT to amend an act entitled an act to incorporate the Tombigbee powers to SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That it shall be the duty of said company General to construct a rail road from such point on the eastern construct, bank of the Tombigbee river, within the corporate limits &c. of the town of Columbus, in the county of Lowndes, as the said company may select, to such place or point in the county of Noxubee or Winston, south of the Noxubee swamp, as said company may, after the necessary surveys thereof, designate; which shall be a full compliance with so much of said above recited act as requires said company to construct a rail road: Provided, the said company shall reduce their capital stock to the sum of two millions of dollars. SEC. 2. Be it further enacted, That said company shall locate and establish a branch of their bank in the town of Branch in Louisville. Louisville, in the county of Winston, within six months after the passage of this act, with a capital of not less than two hundred and fifty thousand dollars: Provided, that the sum of not less than one-half of said capital shall be subscribed for within four months from and after the first day of March next; and that books of subscription, for that purpose, shall be opened in the town of Louisville, in the county of Winston, for the subscription to the sum aforesaid, under the superintendence of such persons as the directors of said company shall appoint, and keep the same open for the space of four months from and after the first day of March next. SEC. 3. Be it further enacted, That for the purpose of may purchase Company constructing the rail road contemplated by this act, it shall be lawful for said company to purchase and to introduce into this state, any number of slaves not exceeding three hundred. slaves. Repeal. To take effect. SEC. 4. Be it further enacted, That the said company shall commence a lateral branch of said road to the town of Starkesville, in the county of Oktibbeeha, so soon as a sufficient amount of stock shall be subscribed, by the citizens of said county, to complete the same to said town, within the time prescribed in the original charter. SEC. 5. Be it further enacted, That the said company shall commence and finish the rail road, contemplated by this act, within the time limited by the act to which this is an amendment. SEC. 6. Be it further enacted, That so much of said above recited act as contravenes the provisions of this act be, and the same is hereby repealed. SEC. 7. And be it further enacted, That this act shall take effect and be in force from and after the day on which the president and directors of said company shall, by a resolution of the board of directors of said company, accept the provisions of this act. Approved, February, 9, 1838. AN ACT in relation to Pleas in Abatement. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That from and after the passage of this act, it shall not be necessary to verify any plea in abatement, in any court of this state by affidavit, when the abatable matter is apparent upon the face of the record, any law or usage to the contrary notwithstanding. SEC. 2. And be it further enacted, That it shall hereafter be lawful for the defendant or defendants in any suit to plead as many pleas in bar of the action as he shall choose, although some of said pleas may be to the party, or to the character of the party suing. Approved, February 9, 1838. AN ACT to incorporate the Grand Gulf Fire Company. SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That H. J. Butterworth, G. J. Ballard, Name, W. M. Willoughby, Lewis Palmer, J. Saler, W. H. Pear- and style, and general son, J. G. Muir, R. M. Ellis, A. Tunstall, Wm. E. Muir powers. and L. P. Max well, and their successors, be, and they are hereby incorporated by the name and style of the Grand Gulf Fire Company, and they and their successors shall have perpetual succession, may have a common seal, and shall have power to purchase and hold property, real and personal, to the amount of ten thousand dollars, to sue and be sued in their corporate name; and they shall have power to make all needful by-laws for their good government, so that the same be not contrary to the constitution and laws of this state, or of the United States; and generally to do all such acts and things as pertain to such a body corporate. occur. SEC. 2. Be it further enacted, That said company, as when often as vacancies happen therein, may fill the same by vacancies election, to be made by their own body, and may elect additional members, so that the whole number shall not exceed fifty at any one time. ble SEC. 3. Be it further enacted, That it shall be the duty of said fire company, and it is declared to be an indispensable Indispensacondition of this charter that they use their best endeavours conditions. to preserve the said town of Grand Gulf from all danger of fire, and from all circumstances that may lead to such dangers; and to this end they may at all seasonable times, keep up a patrol, to be composed of the members of said company, who, when acting, shall be subject to all the laws respecting and relating to other patrols. SEC. 4. Be it further enacted, That it is hereby declared as a condition of this charter, that the said company shall Ibid. procure and keep a fire engine for the use of said company, buckets for the conveyance of water, and all other necessary and useful engines, for the extinguishment of fire. SEC. 5. And be it further enacted, That the members of Exemption. the said company be, and they are hereby exempted from |