injuries roads or persons, shall wilfully, by any means whatever, injure any part of the rail road authorized by this act, or any of its When works, carriages, cars, vehicles, or machines, or shall at- shall be tempt to do so, such person or persons shall, on conviction done the thereof, for any such offence, forfeit and pay to the said property. company the sum of one hundred dollars, to be sued for before any court of competent jurisdiction, and shall moreover be liable for all damages occasioned thereby, and furthermore be proceeded against, by indictment, at any time within six months after such offence shall have been committed, and be punished by fine or imprisonment, or both, at the discretion of the court. and SEC. 23. Be it further enacted, That the stock of said Stock company shall be assignable and transferable, according to assignable such rules as shall be prescribed, in that behalf, by the transferalaws, regulations, and ordinances of the same. ble. annual meetings. SEC. 24. Be it further enacted, That said directors shall hold their meetings semi-annually, or oftener if the busi- Seminess of the company require it; and in all cases of vacancy in the board of directors, occasioned by death, resignation, or removal from the state, the vacancy may be supplied by the directors, until the next succeeding annual election. SEC. 25. Be it further enacted, That the directors, before Oath. they enter upon the duties of their office, shall take an oath before any officer authorized to administer the same, faithfully to perform the duties. completed. SEC. 26. Be it further enacted, That the company may commence the construction of said roads at such point or When five points as to them may seem most practicable, and most con- miles is ducive of the public good; and so soon as they shall have completed the distance of five miles from any point, they may receive and demand toll, upon the same terms as if the whole work was completed. SEC. 27. Be it further enacted, That the president and directors of said road or roads, so soon as any distance over Points of five miles is completed, shall cause points of deposite to be deposite. designated, at intervals not exceeding ten miles, and at the intersections of all lateral rail roads which may hereafter be erected under the authority of this state; and the said company, on the completion of the road, or any part thereof, case the said company, their officers, or agents, cannot agree with the owner or owners of such lands and tenements, through which said rail road shall pass, upon the terms of purchase, or in case the said land belong to the estate of any deceased person, or the owner or owners be under the age of twenty-one years, or a non-resident of the state, feme When the coverte, or non compos mentis, they may petition the circuit value of lands agreed upon. Tolls and freights. court of the county in which the lands may be situated, whose duty it shall be, thereupon, to cause to be summoned twelve disinterested freeholders, or householders, to assess the value of such lands; and, upon the payment of such assessment, it shall be the duty of the said court to convey the lands so valued, to the company, upon the production of the receipt of the person or persons whose lands shall have been so valued, for the amount of said valuation, or upon a certificate of the amount of valuation being deposited in some solvent bank in this state, for the benefit of the owner or owners, and for the purposes of making said rail road, or repairing the same after it shall have been made, said company, their officers, or agents, shall be at liberty, at any time, to enter on any adjacent lands, and cut, quarry, dig, and carry away any stone, gravel, earth, or timber, or other materials, then being in a natural state, that it may be necessary, on paying the value of the same, as provided for in this section; and they may build bridges, viaducts, may lay rails, a single or a double railway, and may make, or cause to be made, lateral rail roads, or branches, on said route said company shall be entitled to no exclusive privileges, but may continue as a body corporate for the purposes of the rail road only said company shall have perpetual succession, and shall not be compelled to arrest the progress of their works, on account of any delays in the valuation aforesaid. SEC. 21. Be it further enacted, That the said company shall have power to establish such rates of tolls and charges, for passages and transportation on said rail road, as they may think proper, not to exceed fifteen per centum on the amount of stock subscribed, after deducting the current expenses, inclusive of the repairs on said roads. SEc. 22. Be it further enacted, That if any person or roads or persons, shall wilfully, by any means whatever, injure any part of the rail road authorized by this act, or any of its When injuries works, carriages, cars, vehicles, or machines, or shall at-le tempt to do so, such person or persons shall, on conviction done the thereof, for any such offence, forfeit and pay to the said property. company the sum of one hundred dollars, to be sued for before any court of competent jurisdiction, and shall moreover be liable for all damages occasioned thereby, and furthermore be proceeded against, by indictment, at any time within six months after such offence shall have been committed, and be punished by fine or imprisonment, or both, at the discretion of the court. and SEC. 23. Be it further enacted, That the stock of said Stock company shall be assignable and transferable, according to assignable such rules as shall be prescribed, in that behalf, by the transferalaws, regulations, and ordinances of the same. ble. annual SEC. 24. Be it further enacted, That said directors shall hold their meetings semi-annually, or oftener if the busi- Seminess of the company require it; and in all cases of vacancy meetings. in the board of directors, occasioned by death, resignation, or removal from the state, the vacancy may be supplied by the directors, until the next succeeding annual election. SEC. 25. Be it further enacted, That the directors, before Oath. they enter upon the duties of their office, shall take an oath before any officer authorized to administer the same, faithfully to perform the duties. miles is completed. SEC. 26. Be it further enacted, That the company may commence the construction of said roads at such point or When five points as to them may seem most practicable, and most conducive of the public good; and so soon as they shall have completed the distance of five miles from any point, they may receive and demand toll, upon the same terms as if the whole work was completed. SEC. 27. Be it further enacted, That the president and directors of said road or roads, so soon as any distance over Points of five miles is completed, shall cause points of deposite to be deposite. designated, at intervals not exceeding ten miles, and at the intersections of all lateral rail roads which may hereafter be erected under the authority of this state; and the said company, on the completion of the road, or any part thereof, the transportation of goods. to act. as aforesaid, shall provide, and keep in repair such number SEC. 28. Be it further enacted, That should said comDelays on pany refuse to receive, in a reasonable time, transport of goods, wares, merchandise, and commodities, so offered to be delivered for transportation, as aforesaid, for each and every refusal, or failure, the said company shall forfeit and pay to the owner, or owners thereof, as follows, to wit: Forfeiture when such goods, wares, merchandise, or commodities on refusal shall be of less value than five hundred dollars, the sum of fifty dollars; for those of a greater value than five hundred dollars, and not exceeding fifteen hundred and fifty dollars, one hundred dollars; for those of a greater value than fifteen hundred dollars, and not exceeding twenty-five hundred dollars, three hundred dollars; for those of a greater value than twenty-five hundred dollars, and not exceeding thirty-five hundred dollars, five hundred dollars; for those of a greater value than thirty-five hundred dollars, and not exceeding five thousand dollars, eight hundred dollars; and for those of a greater value than five thousand dollars, one thousand dollars; to be recovered by action of debt, in any court having cognizance of the same. to the state roads, &c. SEC. 29. Be it further enacted, That nothing in this act Reservation shall be so construed as to prevent this state, or any person of power to or company, under its authority, from making, at any time erect lateral hereafter, any similar public work, or connecting, extending, or intersecting with the road herein authorized, or any branch, lateral rail road, or other public work of internal improvement, which may be deemed proper, but full right is reserved to this state, or any individual, or company they may authorize to that effect, to connect with 1 said road, any branch or lateral rail road, or other public work of internal improvement, in the manner above specified, extending to any part of the state. SEC. 30. Be it further enacted, That so soon as said roads are completed, semi-annual dividends shall be declared Dividends. and made of so much of the profits of the company as the board of directors may, from time to time, choose to direct. is not com. SEC. 31. Be it further enacted, That if said road is not If the road commenced within two years from the passage of this act, menced and completed in eight years after the commencement and completed. thereof, then this act shall be null and void. deal in ex SEC. 32. Be it further enacted, That the said company, hereby incorporated, shall have power to deal in exchange, The comand of issuing their promissory notes, for an amount not pany may exceeding one-half of their capital stock: they shall have change and power to own and possess all real and personal estate, necessary for the transaction of the business of said incorporation. issue notes. effect. SEC. 33. And be it further enacted, That this act shall To take be in force from and after its passage. Approved, February 16, 1838. AN ACT to dispose of the unsold lands, belonging to the State of Mississippi, donated by the United States to this State, for the location of the Seat of Government. commis SECTION 1. Be it enacted by the Legislature of the state of Mississippi, That the secretary of state, the auditor of Who are public accounts, and the treasurer of the state, be, and they sioners, and are hereby appointed commissioners, under the direction their duties. of a majority of whom a survey and plat of all the unsold. lands belonging to the state of Mississippi, embraced in the donation made by the general government to this state, for a seat of government, including the blank squares, except such blank squares as the said commissioners, together with the governor, and the commissioner of public buildings shall select, as necessary to be reserved as commons, for the health, ornament, and convenience of the city of Jackson, shall be made, and when so made, shall be entered |