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perpetual succession, and be capable in law of holding, by purchase or donation, property both real and personal, in fee for years, so long as they confine their operations to the promotion of education, provided, that the capital stock shall not exceed fifty thousand dollars.

Sec. 2. Be it further enacted that books shall be open to receive subscriptions in sums not less than five dollars, and any person who shall subscribe the sum of five dollars, shall be considered a portion or stockholder of said Academy, may have the right to sell or transfer their stock at pleasure, and shall have the privilege of voting in person or by proxy in all elections necessary for the government of said Academy, provided, no one stockholder shall own more than twenty shares, and provided, also, that no teacher in said Academy shall be a stockholder in the same.

Sec. 3. The stockholders may have the power to disfranchise any of their members by a vote of two thirds, provided, they pay to such stockholder the amount ef his subscription.

Sec. 4. The stockholders shall elect from their number not less than five nor more than seven trustees, who shall hold their office as such for the term of one year, whose duty it shall be to procure teachers, regulate prices of tuition, and govern generally the operations of the institution, and shall have power to elect from their number a President, Secretary, and Treasurer, who shall hold their offices for the term for which the trustees are elected.

Sec. 5. The trustees shall have power to make such by-laws as they deem necessary for their own government and the management of the Institution, provided, they do not conflict with the oonstitution and laws of the State, and may alter and amend them at pleasure, and that this act take effect and be in force from and after its passage.

Approved, December 3, 1850.

CHAPTER LVIII.

An Act to amend the sixth Section of an Act entitled "An Act con

cerning Slaves," approved 5th February, 1840.

Section 1. Be it enacted by the Legislature of the State of Texas, That the sixth section of an act entitled "an act concerning slaves." approved 5th February, 1840, be amended so as to read as follows: Section 6. Be it further enacted, That any

slave who may be found beyond and away from the premises of his owner, overseer or employer, on Sunday, or after the hour of ten o'clock, P. M., or any other day, without a written permit from his master, mistress, overseer, or employer, or with such written permit, at places other than are described in said permit, or away from the route usually travelled in going to and returning from the places to which ihe permit extends, the said negro-slave shall be liable to be taken up by any patrol, justice of the peace, or any individual, and in case said slave is taken up by the patrol, the said patrol shall inflict on said slave as a punishment any number of lashes, at his discretion, not exceeding ten; should the patrol, or any other individual, taking up a slave under the circumstances above specified, deem that more than ten lashes should be inflicted, under the circumstances, he shall take the slave before some justice of the peace, who on notice to the master, if residing within ten miles, and having the facts proved before him, shall adjudge the number of stripes which shall be inflicted, not exceeding nine, and order their infliction; should the master be unknown, or, if known, should he reside at a greater distance from the place where the said justice of the peace resides than it is to the nearest county jail, the said justice shall commit the slave to the said county jail, and cause notice thereof to be given in writing to [the] master, overseer, or employer, if known, the master, overseer, or employer, to be entitled to the possession of the negro-slave, on payment of all reasonable costs and charges not exceeding ten dollars; that it shall not be lawful for any slave to own firearms of any description; and every owner, overseer, or employer, who shall, knowingly, permit any slave owned by him, under his control, or in his employment, to carry firearms of any description, or other deadly weapons, at other places than on the premises of the owner, overseer, or employer, shall be fined not less than twenty-five dollars, nor more than one hundred dollars, and all costs, the firearms to be forfeited to the use of the county, and the negro to receive not less than thirty-nine nor more than fifty lashes, to be adjudged by any district court or justice of the peace before whom the charges may be preferred; that any slave found with any articles of trade or traffic in his possession offering the same for sale without a written permit to sell, describing the articles, shall be adjudged by any justice of the peace before whom he may be taken to receive not more than thirty-nine lashes, at the discretion of the justice of the peace, and the articles of trade and traffic shall be forfeited and sold to pay the costs, the excess to be paid into the county treasury: provided, that the articles taken from the possession of

the slave may be claimed at any time within six months by the owner thereof making proof of ownership; that any slave attempting to take the life of any white person or slave by means of poison or otherwise, shall be delivered over to the civil authority by the owner, overseer, or employer, if the slave is within their power or control, and every owner, overseer or employer who shall refuse to so deliver such slave, or send off, assist or connive at the escape of such slave, he shall be fined not less than one hundred nor more than five hundred dollars, in addition to the penalties imposed on accessories before or after the fact: provided, that nothing herein contained shall be so construed as to interfere with or in anywise affect the right of incorporated towns and cities in this State from making and enforcing their own police regulations, except so far as relates to the carrying of firearms.

Approved, December 3, 1850.

CHAPTER LIX.

An Act for the relief of the Heirs or Legal Representatives of John

W. R. Tildon, deceased.

Section 1. Be it enacted by the Legislature of the State of Texas, That the commissioner of the General Land Office be, and he is hereby authorized and required, to issue an unconditional headright certificate for one third of a league of land to the heirs or legal representatives of John W. R. Tildon, deceased, he having served as a volunteer in the army of the Republic of Texas, to he lecated, surveyed, and patented according to law as other headright certificates.

Sec. 2. That his act take effect from and after its passage.
Approved, December 3, 1850.

THE STATE OF TEXAS.

I, James Webb, Acting Secretary of State, do certify that the third session of the third Legislature of said State, commenced its session at Austin on Monday, the eighteenth day of November, in the year one thousand eight hundred and fifty, and adjourned on Tuesday the third day of December, of the same year.

And I further certify, that the Acts and Joint Resolutions contained in this Volume, are true copies taken from the original laws deposited in the Department of State, with which they were carefully compared.

Given under my hand and seal of State, at the City [L.s.] of Austin, the sixth day of January A. D. one thousand eight hundred and fifty-one.

JAMES WEBB.

N. B.—The words in brackets were inserted by the Secretary of State, in comparing the laws with the originals, supposing them to be omissions in enrolling the bills.

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