formity with the express conditions of the donor or devisor, and the property or funds belonging, or in anywise appertaining to the Institution, shall not be diverted from the primary object for which they were donated.

Sec. 16. That the seal of the corporation, with the attestation of the President, or in his absence, of the usual majority of the Trustees, shall be sufficient to authenticate any act of the corporation.

Approved, February 4, 1853.

CHAPTER VIII.

An Act supplementary to an act to establish the La Salle and El Paso Railway Company.

Section 1. Be it enacted by the Legislature of the State of Texas, That all that portion of an act to establish the La Salle and El Paso railway company, approved the 11th day of February, 1850, contained in the fourth section, and all the subsequent sections thereof, be, and the same are hereby repealed; and whereas, it is desirable to preserve uniformity in the several enactments establishing railway companies, by this legislature, the following provisions are hereby adopted at the instance of the Commissioner named in the said original act, for the government, formation and observance of the company thereby established.

See. 2. That the meeting of the Commissioners provided for by this act, and the said original act, may be held at such times and places as they may appoint, and at said meetings the Commissioners may act in person or by proxy.

Séc. 3. The capital stock of said company, to consist of all its property, real and personal, franchises and rights to property, shall be divided into shares of one hundred dollars each. Each share entitling the owner thereof to one vote by himself, or proxy, at all meetings of said company, that said share shall be deemed personal estate, and shall be transferable by any conveyance in writing, recorded by the treasurer, in books kept by him at his office, or in such other manner as the by-laws of said company shall provide.

Sec. 4. The immediate government and direction of the affairs of said company, shall be vested in a board of not less than six directors, who shall choose one of their own number as Presi

dent of said company. No person shall be eligible to the office of Director, unless an owner or subscriber of at least five shares of the stock of said company; the Directors shall have power to fill any vacancy that may occur in said board, from non-election, death, or otherwise, and may appoint a Secretary, Treasurer, and such other officers and agents as they may consider necessary, and prescribe and require bonds for the faithful performance of their duties; they may, if not otherwise provided by the by-laws, determine the manner of conducting all meetings, the number of mem-. bers that shall constitute a quorum, and to do or cause to be done, all other lawful matters and things which they may deem necessary and proper in conducting the matters of the company; and they shall keep or cause to be kept, accurate records of all meetings of the Directors and company, and accurate accounts of the receipts and expenditures of the company, which shall be open to the inspection of the stockholders; a majority of the board of Directors shall have the authority of a full board, and all conveyances and contracts in writing, executed by the President and countersigned by the Secretary, or any other officer or person authorized by the Directors, under the seal of the company, and in pursuance of a vote of said Directors, shall be valid and binding.

Sec. 5. The shares may be disposed of and books open for subscription thereto, in such manner and on such terms as said Commissioners shall determine will be best for the interest of said company, and any agreement in writing by which any person shall become a subscriber to the capital stock of said company, may be enforced against him according to its terms, and if any subscriber shall fail to pay any amount due upon shares subscribed by him according to the terms of his subscription, the Directors may sell at auction, and transfer to the purchaser the shares of such delinquent, and if the proceeds of sale shall not be sufficient to pay the amount due on said subscription, with interest and charges, such delinquent shall be held liable to the company for the deficiency, and if the proceeds shall exceed the amount so due, with interest and charges, said delinquent shall be entitled to the surplus.

Sec. 6. It shall be lawful for the company to enter upon and purchase or otherwise take and hold any land necessary for the purpose of establishing and constructing said railway, with all necessary depots and other buildings, and if they shall not be able to obtain said lands by agreement with the owners thereof, they shall pay therefor such compensation as shall determined in the manner provided by the following section;

Provided, that the land so taken for the road bed, shall not exceed two hundred feet in width, and for depots and other buildings, only such further width as shall be needed for such purposes.

Sec. 7. Any person when land has been taken as aforesaid, without agreement or satisfactory compensation, may apply to the District Court of the county in which said land is situated for the appointment of, and the court shall thereupon appoint three disinterested free-holders of the county, who shall appoint a time and place to hear the applicant and the company, to whom shall be given by said free-holders, reasonable notice of said time and place, and said free-holders shall, after having sworn, and after due hearing of the parties, determine the amount of compensation, if any. to which the applicant is entitled, and make return of their award to the next succeeding term of said court, and said award if not rejected by said court for sufficient cause then shown, shall be entered up as the judgment of said court; in determining the question of compensation, said free-holders shall be governed by the actual value of the land at the time it was taken, taking into consideration the benefit or injury done to the other lands and property of the owner by the establishment of said railway, and if the amount of compensation awarded by said free-holders, shall not exceed the amount offered by said owner prior to said application to the court, the applicant shall pay the cost of the proceedings, otherwise the company shall pay the same.

Sec. 8. It shall be the duty of said company whenever any State or county road, now by law established, shall be crossed by the track of said railway, to make and keep in repair good and sufficient causeways at such crossings, and in all cases where any person shall own lands on both sides of said railway, and there shall be no other convenient access from one part to the other, such owner shall have the right of passage free of cost, at reasonable times, across the track of said railway.

Sec. 9. This company is hereby required at all reasonable times and for a reasonable compensation, to draw over their road, the passengers, merchandize and cars of any other railroad corporation, which has been or may hereafter be authorized by the legislature, to enter with their railroad and connect with the railroad of this company, and if the respective companies, shall be unable to agree upon the compensation aforesaid, it shall be the duty of the President of each company, to select each one man as a commissioner, and the two commissioners

so selected shall choose a third, in case of disagreement, neither of whom shall be a stockholder in either road or interested therein, and they shall fix the rates which shall not be changed for one year, from the time of going into effect, the said commissioners shall also fix the stated periods at which said cars are to be drawn as aforesaid, having reference to the convenience and interests of said corporation and the public, who will be accommodated thereby; the right or power is specially conferred on this said company, to connect and contract with any railroad company chartered by this State, for the performance of like transport, and in case of disagreement between said companies, the same shall be referred and settled as aforesaid, to be binding for one year as aforesaid.

Sec. 10. That said company may acquire real estate by gift or purchase, and that such commissioners herein before mentioned shall have full authority to solicit and receive subscriptions, and conveyances of land to said company, until the time fixed for the first meeting of said commissioners, which authority may be then extended by said meeting; which land so obtained shall be alienated by said company in the following manner: one-fourth in six years; one-fourth in eight years; one-fourth in ten years, and the remaining one-fourth in twelve years from the time the same was acquired.

Sec. 11. If the track of this railway shall cross any navigable stream, it shall do it in such way as not to obstruct its navigation. Sec. 12. Said company shall have the right to demand and receive such rates and prices for the transportation of passengers and freight as they may think proper to establish, not to exceed five cents per mile for passengers, and fifty cents per hundred pounds for freight, each hundred miles the same may be carried.

Sec. 13. If any person shall wilfully injure or obstruct said railway or its property, such person may be punished when prosecuted by indictment for said offense in due course of law, and also liable to action by said company, or any person whatever, who may suffer in person or property from said wilful obstruction, for the amount of damages occasioned thereby.

Sec. 14. There shall be granted to aid company eight sections of land, of six hundred and forty acres each,, for every mile of railway actually completed by them and ready for use, and upon the application of the President of the company, or any duly authorized agent thereof, stating that any section of five miles or more of said railway has been completed and is

ready for use, it shall be the duty of the Comptroller of Public Accounts, to require the State Engineer, or a commissioner to be appointed by the Governor to examine said railway, and upon his certificate that said section of said railway has been completed in a good and substantial manner, and is ready for use, the Comptroller shall give information of that fact to the Commissioner of the General Landoffice, whose duty it shall be to issue to said company land certificates to the amount of eight sections of land of six hundred and forty acres each, for each and every mile of railway thus completed and ready for use, such certificates shall be for six hundred and forty acres each, and shall be located upon any unappropriated public domain of the State of Texas, within twelve months from the issuing thereof, which date shall appear upon the face of each certificate, and upon the return of the fieldnotes of any survey made by virtue of any certificates thus issued, it shall be the duty of the Commissioner of the General Landoffice, to issue patents to said company in their corporate name. One fourth of which said lands thus patented shall be alienated by the company in six years, one-fourth in eight years, one-fourth in ten years, and the other fourth in twelve years, so that the whole of the lands thus granted, shall pass from the hands of the company within twelve years from the date of the patent thus issued.

Sec. 15. Said company shall be required to have a good and sufficient brake upon the hindmost car in all trains transporting passengers or merchandize, and also permanently stationed there, a trusty and skillful brakeman, under a penalty not exceeding the sum of one hundred dollars for each offense, to be recovered in any court of competent jurisdiction, for the benefit of the State, and said company shall cause to be placed on each locomotive engine passing over their road, a bell of the weight of at least twenty-five pounds, or a steam whistle, and the said bell shall be rung or the whistle blown at the distance of at least eighty rods from the place of crossing any highway or turnpike, and kept ringing or blowing until the engine has passed or stopped; said company shall be required to contruct their railroad with good T or U iron rails; Provided, That no land shall be donated unless the company shall actually commence their road within two years, and actually complete and finish at least ten miles within three years. Sec. 16. Nothing in this act shall be so contrued as to confer banking privileges or powers of any kind whatever.

Sec. 17. If said railway shall not be commenced within five years from the passage of this act, and at least twenty