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may be decided by the Supreme Court holding its sessions at the City of Austin.
Sec. 2. Be it further enacted, That the seventh section of the act entitled "an act to organize the Supreme Court of the State of Texas," approved the 12th of May, 1846, be amended so as to read as follows: "Section 7th. Be it enacted, That the Clerk of the Supreme Court shall keep an office at the City of Austin, at the city of Galveston and at the town of Tyler.-That said Clerk shall have power to appoint deputies under him, from whom he may require bonds for the faithful discharge of the duties of his office by written appointment under the seal of the court, which shall be filed in the records of the court, to whom he shall administer an oath faithfully to discharge the duties of his office, and for whose official acts he shall in all cases be responsible. That the Clerk of the Supreme Court shall appoint a deputy residing in the first, seventh, tenth, or twelfth judicial districts, who shall reside at the city of Galveston, and attend at the office of the Clerk of the Supreme Court. That he shall also appoint a deputy residing in fifth, sixth, eighth or ninth judicial districts, who shall reside at the town of Tyler, and attend at the office of the Clerk of the Supreme Court, and attend to, and discharge the duties of his office. during the absence of the Clerk of the Supreme Court, or when the clerk is present, under his direction. That the Clerk of the Supreme Court, and his deputies shall have power to administer oaths in all cases incident to the discharge of the duties of his office.
Sec. 3. Be it further enacted, That this act take effect from and after its passage.
Approved, November 30, 1850.
An Act to authorise the Clerk of the County Court of Navarro County, and the County Clerk of Tyler County, to transcribe into a bound Book, severally to be procured by them for that Purpose, all the Records and title Papers herein after mentioned, registered by the said County Clerks.
Section 1. Be it enacted by the Legislature of the State of Texas, That the clerk of the county court of Navarro county be required to transcribe all deeds of conveyance, and other
instruments of writing, recorded by him in his official capacity from the 17th day of August, 1846, to the thirty-first day of December, 1847, in a well bound book, to be furnished by him for that purpose.
Sec. 2. Be it further enacted, When said record is transcribed by them, or either of them, and approved by the county court respectively, shall have the same force and effect that the original record had, both in law and equity, and shall be preserved, and considered the record in his office of such documents recorded by him in the time above specified.
Sec. 3. Be it further enacted, That when said record is made in accordance with the first section of this act, and approved by the county court, the said clerks shall be paid out of any money in the county Treasury, of the counties of Navarro and Tyler respectively, not otherwise appropriated, ten cents for every hundred words so transcribed, to be transcribed, and this act to be in force from and after its approval by the Governor. Approved, December 2, 1850.
An Act to incorporate the Brazos and Bernard Railway and Plank Road Company.
Section 1. Be it enacted by the Legislature of the State of Texas. That a body politic and corporate, be, and the same are hereby created and established, under the name and style of the Brazos and Bernard Railway and Plank Road Company, with capacity to make contracts, to have succession, and a common seal, to make by-laws for its government, and in its corporate name to sue and be sued, to grant, and to receive, and generally to do and perform such acts and things as may be necessary and proper for, or incident to the fulfilment of its obligations, or maintenance of its rights under this act, and consistent with the provisions of the constitution of this State.
Sec. 2. That said company be, and is hereby established with the right of making, owning, and maintaining, a Railway or Plank Road from the Town of Brazoria, in Brazoria county, to the Bernard River.
Sec. 3. That R. J. Towns, William McMaster, Chesley Stringfellow, Patrick MaGreal, Charles Leonard, John Sweeney, Senr., McNeil, Lumbert Mims, Joel Spencer, Manuel McCormic, Weekley, Weems, S. T. Alexander, Philip Dargin, and such other persons as they may associate with them for the purpose, are hereby appointed commissioners and invested with the right and privilege of forming and organizing the said company, of obtaining subscriptions to the capital stock, and distributing the shares thereof, and generally of taking such lawful measures to secure the effectual organization and successful operation of said company as they may deem expedient.
Sec. 4. That the capital stock of said company shall not exceed one hundred and fifty thousand dollars, and said stock shall be divided into shares of fifty dollars each, and the holders of said shares shall constitute said company, and each member shall be entitled to one vote, in person or by proxy, for each and every share he may own, and such shares of stock shall be transferable alone upon the books of the company, which books shall be kept open for the inspection of any stock holder who may wish to examine them at the office of the company in proper business hours.
Sec. 5. That the affairs and business of the said company shall be conducted and managed by a board of directors, not less than seven, nor more than eighteen, who shall be elected by the company at such time as the said commissioners may appoint, and annually thereafter: provided, that in case of failure so to elect at the stated time, the board of directors incumbent shall continue in office until there be an election, the time for which may be fixed by said board, whereof reasonable notice shall be given.
Sec. 6. That no person shall be eligible as a director, unless he be the owner of five shares of the capital stock. The said board shall elect a President from their number, fill vacancies, appoint from their number such officers as they may deem necessary, and require security for the faithful performance of their duties, also, to prescribe the time for the payment of instalments or assessments upon the stock and the amount of such instalments or assessments, to declare the forfeiture of such stock for non-payment, and to do, or cause to be done all other lawful acts, or things which they may deem necessary or proper in conducting the business of said company-a majority of said board of directors shall constitute a quorum for doing business. All instruments in writing, executed by the President and Secretary, under
the seal of the company, with the consent of the board of directors, shall be valid and binding.
Sec. 7. That if any person shall negligently or designedly injure or destroy any of the fixtures, buildings, machines, materials or improvements of the company, he shall be subject to indictment therefor, and on conviction may be punished by fine and imprisonment, and shall also be liable to said company in a civil action for damages.
Sec. 8. That the said board shall have power to elect an agent, who shall be a member of said company, and whose name as such shall be made known to the public, and by whom the business of the corporation may be conducted under the powers given.
Sec. 9. That said company shall have three years to commence said Railway or Road, and if it is not completed within six years from the passage of this act, this act shall be null and void at the expiration of said time.
Sec. 10. That this act shall take effect and be in force from and after its passage.
Approved, December 2, 1850.
An Act for the Benefit of certain Persons therein named.
Section 1. Be it enacted by the Legislature of the State of Texas, That the Auditor and Comptroller be, and they are hereby required to issue duplicates of the following described certificates: One certificate number 18, 2d class, issued to Clark L. Owen, for one hundred and two dollars, dated October the 18th, 1848; one certificate number 1035, 1st class, issued to James D. Owen, for six thousand and ninety dollars, Treasury Notes, (red backs) the par value of which amounted to one thousand five hundred and twenty-two dollars and fifty cents, and dated November the 9th, 1849; one certificate issued to William P. Smith, 2d class, number 283, for sixty dollars, and dated November the 12th, 1849.
Sec. 2. That the Comptroller be, and he is hereby required to
issue a duplicate of Treasury Warrant, number 3,335, issued to William J. Russell, on the sixth day of September, 1850, for fortythree dollars and twenty cents.
Sec. 3. That this act take effect and be in force from and after its passage.
Approved, December 2, 1850.
An Act to authorize the Settlers in Peters' Colony to intervene in Suit, or Suits, in reference to any Matters connected with said Colony Contracts, where they have an Interest.
Section 1. Be it enacted by the Legislature of the State of Texas, That any person or persons to whom certificates have been been, or may hereafter be issued by the commissioner, appointed under the provisions of an act, approved on the twenty-first day of January, 1850, entitled "an act to secure to all actnal settlers within the limits of the colony granted to Peters and others, commonly known as Peters' Colony, the land to which they are entitled as colonists;" shall have the right to intervene, and make themselves parties to any suit, or suits, heretofore instituted, or that may hereafter be instituted, either by the contractors of said colony, their trustees, assigns, or legal representatives, or the State, in reference to the said colony contracts, or any interest connected with, or growing out of said contracts, and that the rights of any of said colonists, or persons to whom certificates have been issued as aforesaid, so intervening, shall be considered and adjusted, if the same are in any manner connected with the subject matter of the suit, and settled with the least delay compatible with the rights of the other parties, plaintiff and defendant.
Sec. 2. And be it further enacted, That in any suit, or suits, such as are mentioned in the first section of this act, if it can be ascertained that the rights of the parties intervening, can be adjusted and determined, without reference to the final question of right as between the original parties to the action, the court shall proceed to act upon the rights of said interveners, without awaiting the final hearing of the cause.
Sec. 3. And be it further enacted, That this act take effect and be in force from and after its passage. Approved, December 2, 1850.