the Board whenever he may deem it necessary for the good of said College.

SEC. 5. That the Trustees of said College shall have a common seal for the business of themselves and their successors in office, and they, by their aforesaid name, may sue and be sued, plead, and be impleaded in all courts of law in this State, and by the consent of two-thirds of said Board, the President thereof may sell and grant any land, tenements, goods or chattels which now or hereafter may belong to said College, and said Board shall have power to construct all necessary buildings for the same, and construct a preparatory department, and such other dependent institutions as they shall deem necessary, and shall have the management of the finances, the privilege of electing their own sub-officers, of appointing all necessary committees and to act and do all things whatever, for the benefit of said College in as ample manner as any person or body politic or corporate can or may do by law.

SEC. 6. That said Trustees shall have power to make all such laws and establish such ordinances as may be deemed necessary for the good management of said College and their own proceedings provided, the same are not repugnant to the constitution and laws of this State.

SEC. 7. That the head of this College shall be styled the President; the instructors employed in it the Professors, and the President and Professors or a majority of them, the Faculty of the College, which Faculty shall have power to enforce the Jaws adopted by the Trustees for the management of the College.

SEC. 8. That the President and Professors by and with the consent of the Board of Trustees of said College shall have full power to grant and confer such degrees in arts and sciences to any of the students of said College, or other persons by them deemed worthy, as are usally granted or conferred in other Colleges of learning, to give and grant diplomas signed by them, and sealed with the common seal of the Trustees, to authenticate and perpetuate the memory of such graduation.

SEC. 9. That when any vacancy occurs in said Board of Trustees from any cause, such vacancy shall be filled by the remaining members of the Board.

SEC. 10. When a vacancy occurs in the Presidency or Professorship of said College, the same shall be filled by said Board of Trustees.

SEC. 11. That said Board of Trustees shall have the power to fix and regulate the salaries of the President and Professors

K

of said College, and a majority of said Board shall have the power to remove any of them for misconduct, want of capacity, or for such cause as they may deem sufficient.

SEC. 12. That no Trustee in this College shall be eligible to the office of President or Professor, nor shall either of them ever act as Trustee.

SEC. 13. That when any law or ordinance is adopted by the Board of Trustees at a regular meeting of the same, the same shall not be altered or repealed by any called meeting unless there is a full Board present.

SEC. 14. That the Legislature shall have the right at any time upon petition of parties interested to amend so much of this act as has reference to the mode of filling vacancies in the Board of Trustees; and that this act shall be in force from and after its passage, and shall remain in force twenty years. Approved February 9, 1860.

CHAPTER 138.

AN ACT supplementary to an act entitled "an act to incorpo rate the Houston, Trinity and Tyler Railroad Company,' and of the act amendatory thereof, passed at the present session of the Legislature.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That if when said Houston, Trinity and Tyler Railroad Company shall have completed that portion of its railway from Houston to the Trinity river, on the line of its route, the Company shall not have been able to purchase or acquire that portion railway 'constructed under the charter of the Galveston, Houston and Henderson Railroad Company, from the ci y of Houston to the city of Galveston, as provided in its charter may be done, then, the charter of said Houston, Trinity and Tyler Railroad Company shall be, and is hereby extended and continued from its present terminus at the city of Houston, to the city of Gal-* veston, with full power and authority in said Company to construct, own, maintain, and operate the section of railway from said Houston to Galveston as a part of its line of railway, and with all the powers, rights and franchises contained in its charter, and said act amendatory thereof.

SEC. 2. This act shall take effect and be in torce at the same time as the act to which this is supplementary. Approved February 9, 1860.

CHAPTER 139.1

AN ACT to amend the first section of an act entitled an act to amend the caption and the first and sixteenth sections of an act "to incorporate the Texas Western Railroad Company,” opproved February 16th, 1852, parsed August 16th, 1856. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the first section of the above recited act be so amended as hereafter to read as follows, to-wit:

Be it enacted by the Legislature of the State of Texas, that the title or caption of an act to incorporate the Vicksburg and El Paso Railroad Company or Texas Western Railroad Company, approved February 16th, 1852, be so amended as hereafter to read as follows: "an act to incorporate the Atlantic and Pacific Railroad Company." And the first section of the above recited act shall hereafter read as follows: "That Rufus Doane, James C. Hill, William T. Scott, Willis Stewart, Sam Bogart, E E. Lott, L. B. Camp, James W. Throckmorton, J. D. Todd, Joseph McDougall, Thomas H. Rogers, Adam Sullivan, Joshua Starr, C. B. Holbert, Mason Mosely and Jacob Fisher, their associates and successors be, and they are hereby created and established a body corporate and politic under the name and title of the Atlantic and Pacific Railroad Company, with the capacity in said corporate name to make contracts, to have succession and a common seal; to make by-laws for its government and the regulation of its affairs, to sue and be sued; plead and and be impleaded; to grant and to receive and generally to do and perform all such acts and things as may be necessary or proper for, or incident to, the fulfillment of its obligations or the maintenance of its rights under this act, and consistent with the constitution of this State; and all the acts done by said Company under either of the above recited acts or any acts amendatory thereof, or under the general laws of the State, shall be as legal and binding on all the parties connected therewith, and on said Company, under the name and title of the Atlantic and Pacific Railroad Company, as if done by said Company

under said name, and that this act take effect and be in force from its passage.

Approved 9th February, 1860.

CHAPTER 140.

AN ACT to revive and continue in force an act entitled "an act to incorporate the Jefferson Railroad Company,” approved Feb. 2nd, 1854.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That from and after the passage of this act, an act entitled "an act to incorporate the Jefferson Railroad Company, approved February 2nd, 1854, be, and the same is hereby revived and the same shall be and continue in full force and effect in the same manner and to the same effect as to the time, hereafter for its commencement and completion, as the same possessed at the date of its passage and approval. Approved February 9, 1860.

CHAPTER 141.

AN ACT to incorporate the Palestine Tap Railway Company. SECTION 1. Be it enacted by the Legislature of the State of Texas, That R. M. Bonnor, William J. Miller, W. G. W. Jowers, John G. Gooch, F. S. Jackson, W. T. Sadler, P. L. Quarles, Josiah King, Sr., P. G. Oldham, W. C. Kinney, and Nathan Glenn be, and they are hereby created and established a body corporate and politic under the name and title of "The Palestine Tap Railway Company," and the said corporation are invested with the right and power to contract and be contracted with, to sue and be sued, plead and be impleaded, to take, buy and sell real and personal property.

SEC. 2. That the said corporation are hereby invested with the right and power of locating, constructing and maintaining a railroad, extending from the town of Palestine in Anderson county, to a point intersecting with the railroad of the Houston,

Trinity and Tyler Railroad Company, the point of intersection to be fixed upon by the Board of Directors of the Company hereby created.

SEC. 3. That the capital stock of the corporation shall not exceed the sum of four hundred thousand dollars, divided into shares of one hundred dollars each.

SEC. 4. That the persons named in the first section of this act, are appointed Commissioners to open Books and receive subscriptions to the capital stock of the Company; but they shall receive no subscription to said capital stock unless five per cent. thereof in cash shall be paid to them at the time the subscription is made, and should they receive said subscription to the capital stock without such payment, they shall be personally liable to pay the same to said corporation; that all subscriptions less than five per cent. shall be secured by note of the subscriber, with good personal security, made payable to the Company at such times and in such amounts as the Board of Directors may require. A majority of the said Commissioners shall constitute a quorum to do business, and they may hold meetings at such times at the com t-house in Palestine, Anderson county, as a majority may designate, publication to be first given five days at the court-house aforesaid, or in a newspaper printed in said county, if there be one. The said Commissioners shall make a record of all their proceedings and acts done at such meetings, the amount subscribed, the proceedings to be signed by those present, or a majority of them.

SEC. 5. That whenever so much as forty thousand dollars shall be subscribed and secured as aforesaid, it shall be the duty of the said Commissioners, or a majority of them to meet and order an election of the subscribers aforesaid, at the court-house of said county, of six Directors of said Company, notice of the time and place of the election shall be published in a newspaper printed in said county if there be one, and if not, then at the court-house for at least twenty days before the election, the said Commissioners or a majority of them to conduct and preside at the said election, and give certificates of election to those elected. The term for which each Director shall be elected, shall be two years, but to act after that time until his successor is duly installed. And should a vacancy occur in the office of a Director, the Board shall fill the vacancy for the residue of the term. No person shall be eligible to the office of Treasurer, Director, Clerk or President unless he owns as much as three shares of the corporate stock of the Company, and is a resident of the State of Texas. In the election of Directors, each stockholder shall