SEC. 8. That any person from whom lands may be taken for the purposes set forth in the preceding section, may apply to the District Court of the county wherein said lands are situated for the appointment of appraisers, and said Court after proof that the President or other officers of the Company have been served with notice, describing the land, ten days before the holding of the Court, shall thereupon appoint three disinterested freeholders, citizens of said county, who shall appoint a time and place to hear the application and shall give such person and said Company through their agents or President reasonable notice of such time and place; and said freeholders being sworn shall after hearing the parties, determine the amount of compensation as aforesaid, and make return of their award to said court at its next term, and said award may be confirmed or for any sufficient reason rejected by said Court, in the same manner as awards by arbitrators under a rule of Court; and if confirmed by the Court, judgment shall be rendered thereon as in other cases. In determining the amount of compensation to be paid as aforesaid, the freeholders shall be governed by the actual value of the land at the time it was taken into consideration, the benefit or injury done to other neighboring lands of the owner, by the establishment of said Railway; if in any case the amount found by the arbitrators, shall not exceed the sum proved to have been offered by the Company to the owner, prior to his application to the Court, the owner shall pay the costs of the proceedings; otherwise, the company shall pay the

same.

SEC. 9. That the said Company shall have power to borrow money on their bonds or notes at such rates as the Directors may deem expedient: Provided, that nothing in this act shall be construed to confer banking privileges of any kind.

SEC. 10. That upon the written request of one-fourth of the stockholders, the President of the Company shall call a special meeting of the Directors and upon the written demand of three-fourths of the stockholders, the President shall remove any one or the whole of the Directors, and order a new election within thirty days, which Directors when so elected shall hold their offices until the time prescribed for the next regular

election.

SEC. 11. That if said Railway is not commenced within six months, and at least twenty-five miles completed and in running order within two years after the passage of this act, then this ch urter shall be null and void.

SEC. 12. That said Company is hereby required at all rea

sonable times and for a reasonable compensation, to draw over their road the passengers, merchandize and cars of any other railroad corporation, which has been or may hereafter be autherized by the Legislature to enter their railroad and connect with the railroad of this Company; and if the respective companies shall be unable to agree upon the compensation aforesaid, it shall be the duty of the President of each Company to select each, one man as Commissioner; and the two Commissioners so selected shall chocse a third in case of disagreement, neither of whom shall be a stockholder in either road or interested therein, and they shall fix the rates, which shall not be changed for one year after going into effect; the said Commissioners shall also fix the stated periods at which said cars are to be drawn as aforesaid, having reference to the convenience and interests of said corporations and the public who shall be accommodated thereby; the right or power is specially conferred upon this Company to contract with any railroad company heretofore chartered or which may hereafter be chartered, with which the Railway of this Company may be immediately connected or remotely connected through other railroads forming such connection, for the performance of like transport, and in case of disagreement between companies, the same shall be referred and settled as aforesaid, to be binding for one year as aforesaid.

SEC. 13. This act of incorporation shall expire in ninety years unless it shall be renewed or extended.

SEC. 14. That said Company shall be, and is hereby authorized to contract, and become consolidated with the Washington county railroad, at such time and upon such terms as the said companies may agree upon, and said consolidated Company shall have the privilege of assuming the name of either or of both of said companies, and shall retain all the rights and privileges granted and secured by their respective charters, as fully as though such consolidation had not taken place.

SEC. 15. That the Company hereby incorporated shall be subject to all the provisions, and be entitled to all the benefits and privlieges of the general laws of the State which have been, or may be enacted for the regulation, or the encouraging the construction of Railroads, and that this act take effect from and after its passage.

Approved 30th January, 1860.

CHAPTER 59.

AN ACT for the relief of Alexander Wheeler. 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 required to issue to Alexander Wheeler an unconditional headright claim for six hundred and forty acres: Provided, said unconditional claim has not issed, and that this act take effect, and be in force from and after its passage.

Approved 31st January, 1860.

CHAPTER 60.

AN ACT to authorize and require the clerks of the District Courts of Titus, Travis and San Augustine counties to apportion the causes on the dockets of said Courts.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That before the commencement of every term of the District Courts of the counties of Titus, Travis and San Augustine, the District clerks of said Courts shall apportion the causes on said dockets to so many days, and in such numbers to each day as may be deemed most expedient, and no cause shall be taken up (except by consent of parties) for trial or hearing at a day previous to that for which it may be set, and they shall issue the subpoenas for witnesses to attend on the days on which the causes stand for trial, and no witness shall be bound to attend in any cause unless specially summoned to each term, and it shall be the duty of said clerks to keep regular subpoena dockets, and to issue subpoenas before each term of said courts for all the witnesses in every case.

Sec. 2. That this act take effect from its passage.
Approved 31st January, 1860.

CHAPTER 61.

AN ACT granting a pension to Charles Sheppard. SECTION 1. Be it enacted by the Legislature of the State of Texas, That Charles Sheppard be, and he is hereby allowed a pension of one hundred and twenty-five dollars per annum, for and during the term of his natural life, to be paid semi-annually out of any monies in the Treasury not otherwise appropriated Approved 31st January, 1860.

CHAPTER 62.

AN ACT to incorporate the Prairie Lea Female Institute, located at Prairie Lea.

SECTION 1. ·Be it enacted by the Legislature of the State of Texas, That T. C. Greenwood, Edward Mallack, J. S. Martin, L. C. Hamilton, James T. Brown, J. H. Glenn, D. F. Brown, J. N. Eustace and T. M. Hardiman and their successors in office be, and they are hereby constituted a Board of Trustees of the Prairie Lea Female Institute, heretofore established in the town of Prairie Lea, which is by this act incorporated in the name of the Masonic Female Institute, by which name it may sue and be sued, plead and be impleaded, and buy and sell property, real, personal and mixed, and hold the same to the value of one hundred thousand dollars. The object of this incorporation, is the maintenance and support of an institution of learning for the education of young females.

SEC.. That the lots or parcels of ground situate in or near the town of Prairie Lea, now occupied by the above named Masonic Female Institute be, and they are hereby placed under the control and management of the above mentioned Board of Trustees and their successors in office.

SEC. 3. That the said Trustees shall hold their office for three years, and are eligible to re-election at the expiration of their term, and shall have power to fill all vacancies which may occur in their body, by a majority vote, at any regular meeting or meeting called for the purpose of such election.

SEC. 4. The said Board of Trustees shall elect one of their own number President of the Board. They shall also elect one

Treasurer and Secretary. The President of the Board shall preside at the meetings of said Board, but in his absence a President pro tem. may be appointed by said Board. The Treasurer shall be elected for one year, and shall keep a record of all monies, notes and papers of value received and paid out by him, paying out the same by order of the Trustees, signed by the President of the Board. He may at any time be removed for dereliction of duty, by a two-thirds vote of the Board of Trustees. The Secretary shall be elected for three years. He shall attend the meetings of the Board of Trustees, and shall keep a fair record of all its proceedings and resolutions, and also, of all such by-laws and regulations as may be passed by said Board for the government of the school.

SEC. 5. The said Board shall have power to employ one President and as many Professors and Teachers as they may deem necessary, and they shall assign to all persons so employed their duties respectively and fix their salaries.

SEC. 6. The Board of Trustees shall have the power to pass such by-laws as they may deem necessary: Provided, the same do not conflict with the constitution or laws of this State.

SEC. 7. The Faculty of the Institute shall consist of the President, Professors and Teachers. They shall have power to enforce all laws passed by the Board of Trustees for the government of the school, by such measures as may be considered reasonable and shall have power to suspend any student who may knowingly violate the laws, which suspension shall last until the Board of Trustees can be convened, who conjointly with the Faculty shall have power to continue or remit the suspension. They shall also have power to expel disorderly students, but no student shall be suspended or expelled who has not knowingly violated some law of the Board of Trustees.

SEC. 8. That the Board of Trustees conjointly with the Faculty shall have power to confer such degrees in the arts and sciences upon any student in the Institute or person thought worthy, as are usually conferred by Academies of similar grade and to grant certificates thereof, signed by the Faculty and Trustees and sealed with the seal to be used by the Faculty to perpetuate their acts.

SEC. 9. The said Board of Trustees shall be competent to receive and hold contributions, gifts and donations and bequests of real estate and property of every kind to said Institute shall be good and binding, altough the corporate name of said Institute may not have been properly stated by the person making such donation or bequest.