CHAPTER XXIII.

AN ACT TO INCORPORATE THE CORPUS CHRISTI AND RIO GRANDE RAILROAD COMPANY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That R. King, P. Doddridge, J. B. Mitchell, Lewis G. Brown, U. Lott, Thos. Kearney, Wm. Headen, Ed. Buckley, N. Gussett, John Rabb, W. W. Wright, and Hines Clark, of Nueces county, and S. M. Jarvis, Santos Benavides, Nicholas Sanchez, and C. M. McDonnell, of Laredo, and their associates and successors, be and they are hereby created and constituted a body corporate and politic, under the name and style of the Corpus Christi and Rio Grande Railroad Company, and under said name shall have succession and a common seal, with capacity to make contracts; and in its said corporate name to sue and be sued, to grant and receive, to make by-laws for its general government and the management of its business, and generally to do and perform all such acts and things as may be necessary and proper for or incidental to the fulfillment of its obligations or the maintenance of its rights under this act, and consistent with the Constitution of this State and of the United States; and the said above named corporators shall constitute a board of directors for the time being, a majority of whom shall constitute a quorum to do business, and the first meeting of said board shall be held in the city of Corpus Christi on or before the first day of January, 1873; notice of the time of holding said first meeting shall be given by a notice signed by a majority of said incorporators, published once a week for two weeks in a daily newspaper published in the city of Galveston, and also for four weeks in a weekly newspaper published in the city of Corpus Christi; said board shall then permanently organize by electing, by ballot, from their number a president and vice president, and shall appoint a secretary and treasurer and such other officers as they may deem necessary for their organization, who shall hold their offices until their successors are elected as hereinafter provided; the treasurer of said company shall be required to give bond in such amount as may be deemed proper by a majority of the directors.

SEC. 2. That said company is hereby authorized to construct, own and maintain, and to equip and operate a continuous line of railway, with a single or double track of such gauge as shall be deemed best adapted to the nature of the country, and the transaction of the business of the section of country in which located, from a point at

or in the vicinity of Corpus Christi, to a point upon the Rio Grande river, at or in the vicinity of Laredo; said company is also hereby authorized to construct, own and operate a telegraph line between the points above mentioned.

SEC. 3. That the State of Texas hereby grants to said company the right of way, to the extent of two hundred feet in width over all lands in the State along the line of its railroad, for the track or tracks thereof, and the use of such amount of said lands as may be actually necessary for sidings, turnouts, depots, station houses and machine shops, and for the location and maintenance of wells, water tanks, and all other necessary buildings incidental to its uses and purposes in the construction and operation of said railway or tele graph line; also, the right to take from all lands belonging to the State, within ten miles of the located line of its said railroad, such timber, rock, earth and other material as may be needed for the construction and operation of its railroad; also, the right to cross and bridge all rivers and water courses, and construct, operate and maintain ferries along said line, subject to the laws of the State in regard to the navigation thereof; also, the right to cross the track of any other railway along said line, which it may intersect.

SEC. 4. That it shall be lawful for said company to enter upon and purchase, and otherwise take and hold any lands necessary for the purpose of establishing, constructing and maintaining said railway and all necessary depots, sidings, turnouts, machine shops and other buildings connected with said railway, and if they shall not be able to obtain said lands by agreement with the owners thereof, they shall institute proceedings therefor, and acquire and pay for said lands in accordance with the provisions of the general railroad law of this State governing such matters.

SEC. 5. That the capital stock of said company shall consist of one million of dollars, divided into shares of one hundred dollars each, with liberty to increase said stock whenever the holders of a majority of the issued stock shall so desire, to an amount not to exceed two millions of dollars. Each share of stock shall entitle the holder thereof to one vote, either in person or by proxy, at all meetings of the company; provided, that any action or vote of twothirds of said stock, expressed in writing or by vote, at any meeting of said company, shall be binding on all of the stock of said company. Said shares shall be deemed personal estate, and shall be transferable by any conveyance in writing, recorded by the secretary in the books of the company, kept by him in his office, or in such other or further manner as the by-laws of said company may provide; and said company may establish an office for the transfer of its stock, out of the State, under such rules and regulations regard

ing the same as may be deemed best and expedient, and as shall be provided in the by-laws of said company.

SEC. 6. That the immediate control and direction of the affairs of said company shall be vested in a board of not less than seven directors, to be annually chosen at a regular election by the stockholders, and said directors shall elect from their number one president and one vice president. Whenever two hundred thousand dollars of said capital stock of said company shall have been subscribed, and ten per cent. thereof actually paid in, said company may commence the construction of their works. Said board of directors shall have authority to fill any vacancy in the office of president, or in their own body, arising from death, resignation or any other cause; to appoint, fix the salaries of, and at any time remove such agents or employés as they may deem necessary or proper in the transaction of the business of said company; and at the time and place of the first meeting, the above named directors for the time being, shall make and present for ratification, by a vote of the holders of a majority of the stock, such by-laws as they shall consider necessary for the carrying out of the provisions of this charter and the business of the company.

SEC. 7. That the holders of one-third of the issued stock may call a meeting at the office of the company for such purpose, and for the transaction of such business as shall be designated in the notice calling the meeting; said notice shall be given by a publi cation similar to that mentioned in the first section of this act. The president and vice president, or either of them, and three directors, shall have power to call a meeting of the board of directors whenever in their judgment it may be necessary and proper; provided, that twenty days' notice thereof shall be given to each director in writing, either by delivery of the same at his usual place of business, or at his residence, or by mailing the same to him, as may be most convenient.

SEC. 8. That said company shall have power, and is hereby authorized to borrow money or to purchase property upon its own credit, for the purpose of constructing and maintaining its railroad, and may issue its bonds and obligations therefor, payable at such time and place, and at such rates of interest in the lawful money of the United States, or in the gold coin of the United States, as the directors of said company may elect, and to secure the payment of said bonds or obligations, may mortgage its railroad, its capital stock, its corporate franchises, and any and all of its property, real and personal, or any part or portion thereof, in such manner and form as said company or its directors shall deem best and expedient. SEC. 9. That said company shall commence work on its road

within one year after its permanent organization, and shall complete twenty miles of its road within two years after its permanent organization, and annually thereafter complete twenty-five miles; and any failure upon the part of said company to complete its road at such rates and within the period of time as hereinbefore stated, shall work a forfeiture of all further rights and privileges.

SEC. 10. That the principal office and legal domicile of said company shall be located at Corpus Christi.

SEC. 11. That the rights and privileges granted by this act shall remain and be in force for sixty years after its passage.

SEC. 12. That this act shall take effect and be in force from and after its passage.

Approved October 13, 1871.

CHAPTER XXIV.

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO INCORPORATE THE SAN ANTONIO, VICTORIA, INDIANOLA AND NEW ORLEANS EXPRESS AND TRANSPORTATION COMPANY, APPROVED MAY 19, 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That hereafter section three of an act entitled "An act to incorporate the San Antonio, Victoria, Indianola and New Orleans Express and Transportation Company," approved. May 19, 1871, shall read as follows, to-wit: "That the object of said company is declared to be the express and transportation business; to establish express and transportation routes from San Antonio via Victoria and Indianola to New Orleans; from San Antonio via Columbus to New Orleans; from San Antonio via Austin to Fulton, on Red River; from San Antonio to the place of crossing on Red River, of the Kansas, Missouri and Texas Railroad; from San Antonio to El Paso; from San Antonio to Eagle Pass, and from San Antonio to the Rio Grande at or near Laredo; to own cars, wagons and other vehicles, used for express and transportation business; to run its own cars over all railroads subject to existing laws and to the terms of contract with any railroad company; to make contracts, to forward by railroads, steamboats, steamships and other rapid modes of conveyance by sca or land, bank notes, coin, jewelry and valuables of every description, all kinds of merchandise, stock animals and all kinds of personal

and movable property; to draw bills of exchange; to make collections of money, drafis, notes and all other species of debts, claims and demands; and to insure articles of all kinds sent by their express on transportation; and generally, to transact all business direct and incidental connected with the express or transportation business."

SEC. 2. That this act take effect and be in force from and after its passage.

Approved October 13, 1871.

CHAPTER XXV.

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO PROHIBIT THE SALE OF SPIRITUOUS, VINOUS OR OTHER INTOXICATING LIQUORS WITHIN FIVE MILES OF THE PUBLIC SQUARE IN THE TOWN OF ALVARADO, JOHNSON COUNTY, TEXAS, APPROVED NOVEMBER 10, 1866.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That the caption of an act entitled "An act to prohibit the sale of spirituous, vinous or other intoxicating liquors within five miles of the public square in the town of Alvarado, Johnson county, Texas," approved November 10, 1866, shall hereafter read as follows: "An act to prohibit the sale of intoxicating liquors within two miles of the Alvarado High School, Johnson county."

SEC. 2. Be it further enacted, That section one of said act shall hereafter read as follows: "That it shall be unlawful for any person or persons to dispose of any intoxicating liquors by sale or otherwise, except for medicinal or sacramental purposes, within two miles of Alvarado High School, Johnson county."

SEC. 3. Be it further enacted, That the following be added: "That any person or persons violating the provisions of the foregoing act shall, upon conviction thereof before any court of competent jurisdiction, be fined in any sum not less than ten nor more than one hundred dollars for each and every offense."

SEC. 4. That this act take effect and be in force from and after its passage.

Approved October 13, 1871.