necessary for the purpose of locating, constructing and maintaining said railway and telegraph line, by complying with the provisions of the general laws of this State.

SEC. 14. Said company shall have the right to cross all public highways and all railways, that it may be necessary to cross, in establishing their said railroad.

SEC. 15. Said company shall have power to borrow money, issue bonds or other bills of credit, with or without mortgage; provided, the same is authorized by a vote of two-thirds of the directors, sanctioned by stockholders representing a majority of the stock of the company, at an annual or called meeting, and if at the latter, after thirty days' notice thereof; and generally this company shall have all power requisite to carry into effect its herein declared objects.

SEC. 16. The annual meetings of the stockholders of this company shall be held at their principal office in said town of Tyler on the first Tuesday in December, in each and every year, at each of which meetings the stockholders shall proceed to elect the directors, who shall hold ther office for one year or until the election and qualification of their successors. No person shall be one of said directors who is not the owner of at least ten shares of the capital stock of said company while holding said office of director.

SEC. 17. The said railway shall be constructed of a width of gauge not exceeding that of the railway which this company may elect to tap, and not less than twenty-four inches. Said railroad shall be substantially built and fully equipped for passengers travel and for the carrying of freight.

SEC. 18. This charter shall remain in force for the period of ninety-nine years from the date of the completion of the said railway; and this company shall be entitled to receive such advantages, loans or other assistance as the State may by any general law grant to other railway companies or any of them.

SEC. 19. This company shall have the power to charge and collect such rates of freight and passage as the company may deem just and proper; provided, however, such charges do not exceed the charges legally established on other Texas railroads.

SEC. 20. This company shall select its point of intersection of the railroad it may elect to tap. Whenever the railroad so to be tapped shall arrive at a place at which this company may determine to join it with the said tap railroad; and this company shall, within twelve months thereafter, locate its road and commence the work of its construction, and shall complete said work and equip said road and put it in good running order, within three years from the time of the location of said tap railroad.

SEC. 21. That this act shall take effect and be in force from and

after its passage.

Approved December 1, 1871.

CHAPTER CXXXV.

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO INCORPORATE THE EASTERN TEXAS RAILROAD COMPANY, APPROVED JANUARY 10, 1860.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section two of the above entitled act shall be so amended as to read as follows: "Sec. 2. That said company be and is hereby invested with the right of locating, constructing, owning and maintaining a railway and telegraph line, commencing at some convenient point on Sabine Pass, in the county of Jefferson, and thence running along the line of the road graded by John Stamps, Charles H. Alexander and Samuel H. Witmer, or which may be graded up to the time of the organization of said corporation or body politic, under the subsequent provisions of this act, thence in a northerly direction east of the Trinity river by such line and such course as the company may determine, to some suitable point in the county of Grayson, the said line to run through the counties of Jefferson, Hardin, Tyler, Angelina, Nacogdoches, Rusk and Smith, and through or within one-half mile of the towns of Woodville, Nacogdoches, Henderson and Tyler, by such course and line as the company may deem most advisable for the interest of the company and speedy completion of the line of railroad.”

SEC. 2. That section six of said act be so amended as to read as follows: "Sec. 6. That the affairs and business of said company shall be conducted and managed by a board of directors, not less than five nor more than nine in number, who shall be elected at the general meeting of the stockholders, to be held annually. They shall hold their offices for the period of twelve months, and until their successors are elected. The time for the first election shall be appointed by the commissioners named in this act, thirty days' notice of which shall be given; and should the stockholders fail annually thereafter to meet and elect directors as aforesaid, the directors in office shall appoint a day for a special election giving like notice. No person shall be eligible as a director, unless

he be the owner of ten shares of the capital stock. The said board shall elect a president from their number, fill vacancies, appoint a treasurer and secretary, and such officers as they may deem necessary, and require security for the faithful performance of their duties; also, prescribe the time for the payment of instalments or assessments upon the stock, and the amount of such instalments or assessments, and to do, or cause to be done, all other acts or things which they may deem necessary or proper in conducting the business of said company, not in contravention of this act nor of the Constitution and laws of this State. A majority of said board of directors shall constitute a board for transacting business. Instruments or contracts in writing authorized by the company shall be signed by the president and countersigned by the secretary, with the seal of the company affixed; and the order or resolution of the board of directors, authorizing the instrument or contract in writing, shall be inserted in said instrument or contract. Such instrument or contract shall not be inconsistent with the general railroad law now existing or that may hereafter exist. That said company shall be bound by the parol contract made by their authorized agents, acting within the scope of the authority conferred by resolution of the stockholders or directors."

Approved December 1, 1871.

CHAPTER CXXXVI.

AN ACT TO INCORPORATE THE MARION COUNTY BAYOU NAVIGATION COMPANY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That J. W. Johnson, W. G. Robinson, J. K. Lawrence, J. A. McMillan, M. Marsh and C. M. Campbell, together with such other persons, corporations and companies as may be associated with them, and their successors and assigns, be and they are hereby created a body politic and corporate, under the name and style of the Marion County Bayou Navigation Company, with full capacity under said corporate name to make contracts, to sue and be sued, to plead and be impleaded, to have succession, to have and use a common seal, to make and alter by-laws, to hold real estate and personal property, to take grants and gifts, and generally to do and perform all things necessary and proper to be done to carry into effect the ob

jects of this incorporation, and the rights, privileges and immunities accruing under this act, not inconsistent with the laws of this State or of the United States.

SEC. 2. That the capital stock of said company shall consist of one thousand shares of one hundred dollars each, and each share shall entitle the owner thereof to one vote, either by himself or by written proxy, at any general meeting of the stockholders. Said shares shall be deemed as personal property, and may be transferred, under such rules as may be prescribed by the directors; provided, that all such transfers shall be recorded by the secretary in a book to be kept for that purpose.

be

SEC. 3. That the government and direction of the affairs of said company shall be vested in a board of five directors, and they shall elect one of their number president, who shall hold his office for the term of one year from the date of his election, or until a successor is duly elected. The first named corporators in this act shall constitute the first board of directors, who shall hold office for one year, until their successors are duly elected by the stockholders, at a regular meeting held for that purpose; and the first general meeting shall be holden at the city of Jefferson, in Marion county, Texas, in one year from and after the passage of this act. The directors shall have power to appoint a secretary and a treasurer, and said treasurer shall give such bond for the faithful performance of the duties of his office as may prescribed by the board of directors. The board of directors may appoint such other officers and agents as may be necessary and common to private corporations. All contracts made by said company shall be signed by the president and countersigned by the secretary, and bear the impression of the seal of the company. No person shall be eligible as a director who does not own at least ten shares of the capital stock of said company; and at any general election by the stockholders, no person shall be declared elected a director unless he shall have received a majority of all the votes cast. It shall be the duty of the board of directors to frame the by-laws of said company. Should any vacancy occur, by death or resignation, in the board of directors, the president by the secretary may convene a special meeting of the stockholders to elect a member to fill the vacancy for the unexpired term. The stockholders shall hold one general meeting every year, and the time of such general meeting shall be fixed in the by-laws.

SEC. 4. That said company shall, within six years from and after the passage of this act, remove the trees, stumps, logs, and other impediments to the navigation of Big Cypress Bayou, beginning at the city of Jefferson, Marion county, Texas, where Marshall

street, in said city intersects the said bayou, and as near as practicable following the channel of said stream towards its source, and secure the safe navigation of said stream, by the use of dredge boats and other necessary machinery. The said company shall keep their principal office at the city of Jefferson, in Marion county, Texas.

SEC. 5. That it shall be the duty of the Governor of Texas, upon notification by the president of said company that said bayou has been sufficiently cleared of obstructions so as to be safely navigable to ordinary steamboats, to appoint a competent engineer to examine said bayou of obstructions to navigation be done in accordance with the provisions of this act, the said engineer shall certify the facts to the Governor, and the Governor shall thereupon issue his certificates to said company, authorizing the said company to assess and collect the following rates of toll on all freights transported on said stream, to-wit: ten per cent. on each freight bill of all freights passing from above Jefferson through said stream to Jefferson, and a like per cent. on freight bills from Jefferson up said stream.

SEC. 6. That said company binds itself to ceep said bayou sufficiently clear of obstructions to safe navigation for the space of thirty-five years, from and after the passage of this act, in consideration of the collection of the above mentioned tolls; and said company shall have the right to cut down and remove all trees or timber, which by falling into said stream, may hinder the safe navigation thereof.

SEC. 7. That this charter, and all the rights and privileges herein granted, shall continue and remain in full force for the period of thirty-five years, from and after its passage and approval; provided, however, that the same is not forfeited by the proper legal action had in the district court, for non-compliance, on the part of said company, with the requirements of this act,

SEC. 8. That the said company, in order that they may be fully enabled to effect and complete the proposed improvement for the navigation of said bayou, be, and they are hereby authorized, to issue their bonds in an amount not to exceed one hundred thousand dollars, and place them upon the market; provided, that said bonds shall be redeemable not more than five years from the date of their issuance, and shall be a first mortgage lien upon the rights, franchises and property of said company. Said bonds shall be signed by the president, and countersigned and registered by the secretary of the company, and shall bear the impression of the seal of the company.

SEC. 9. This act to take effect and be in force from and after its passage.

Approved December 2, 1871.