upon and purchase, or otherwise take and hold any land necessary for the purpose of locating, constructing and maintaining said railway, with all the necessary depots and buildings connected with said railway; and if they shall not be able to obtain such lands by agreement with the owners thereof, they shall pay such compensation as shall be determined in the manner provided in the following section. The land so taken for the road-bed shall not exceed fifty yards in width, and for depots and other buildings only such width as shall be absolutely necessary.

SEC. 9. Any person whose land has been taken as aforesaid may apply to the presiding justice, or chief magistrate of the county where the land is situated, for the appointment of three freeholders; and said magistrate shall thereupon appoint a time and place to hear the applicant and the company, to whom shall be given reasonable notice of such time and place; and said freeholders shall, after being sworn, and having heard the parties, determine the compensation to be paid to the applicant, and make return of their award to the next regular term of the district court of the county; and said award may be confirmed, or, for any sufficient reason, it may be set aside by said court; and if it be confirmed, judgment shall be rendered thereon as in other cases. determining the compensation to be paid as aforesaid, the said freeholders shall be governed by the actual value of the land at the time it was taken, and shall consider the injury or benefit that would result to the adjoining lands of the applicant by the establishment of the railroad, and if the benefit shall exceed the injury, the applicant shall receive nothing. but shall pay the cost.

In

SEC. 10. The said company, in its charges for freight and passage, shall be governed by the general laws now in force, or that may hereafter be enacted, and the State reserves also the right to prescribe and regulate the duties and liabilities of said company as a common carrier; and said railroad company shall have the right to cross all public highways and streets of towns and cities that may be necessary to cross to establish said railway; provided, said railway shall not run through the streets of any town and city in such a way or manner as shall damage the property situate on said street, unless by consent of the city or town authorities, and by making compensation

to the owner or owners of said property for any damage to said property.

SEC. 11. That said company shall have the power to borrow money, and issue its bonds with or without mortgage; provided, the same be done in conformity to the laws of the State, this act of incorporation, and the bylaws of the company.

SEC. 12. The annual meeting of the stockholders of this company shall be held at such time and place as may be designated in the by-laws, which shall be a day for the transaction of business by the stockholders, at which time the annual election for directors shall take place. Should stockholders owning a majority of the stock fail to meet on that day for such election, the directors may appoint another day for that purpose, and an election held on the appointed day shall be valid. Directors elected under the provisions hereof shall hold office until the next annual meeting, and until their successors are chosen and qualified.

SEC. 13. The State of Texas hereby grants to said company the right of way, to the extent of fifty yards in width, over all lands in the State belonging to her along the line over which this road may run for the tracks thereof, and the use of such amount of said lands as may be absolutely necessary for sidings, turnouts and depots, station houses and machine shops, and for the location and maintenance of wells, water tanks and other necessary buildings incidental to its uses and purposes in the construction and operation of said railway; also the right to take from all lands belonging to the State, within five miles of the located line of said road, such timber, rock, earth and other materials as may be needed for the construction and operation of this railroad; and in addition thereto, this company shall be entitled to receive such donations of land as are provided for the encouragement of internal improvements by any general law of this State now in force, or that may hereafter be in force, upon the terms and conditions in that law prescribed, or that is now or may be hereafter enacted.

SEC. 14. Subscriptions of shares in the capital stock of this company may, at the discretion of the directors, be received on stipulation to be paid in labor or materials for the construction of said road or the accompanying telegraph line. They may also be paid for in lands, at

the discretion of the directors; provided, that the owner of land, who desires to pay for his stock with the same, shall pay the full amount of his subscription in lands at the time of subscribing, at such price as may be agreed upon by the subscriber and the person who represents the company who receives such subscription, the subscriber giving the said company his bond, obligating himself to give to the said company a fee simple warranty title to the land thus subscribed when the road is completed from Hallettsville to the one the company may decide on tapping.

SEC. 15. This company has the right of selecting its point of intersection of the railroad it may elect to tap, whenever the railroad to be tapped shall arrive at a place at which this company may determine to join it with said tap road; 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 five years from the time of locating said tap.

SEC. 16. This charter shall remain in force for the period of sixty years from the date of completing said road; provided, the conditions set forth are fully complied with.

SEC. 17. That said Lavaca County Tap Railroad Company may dispose of this charter, by sale or otherwise, to ony other railroad company, and in the event of the purchase of said railroad by any other company, they may operate this road under this charter, or under their own charter, without separate affairs, subject to such conditions as may be imposed in such sale.

SEC. 18. This act shall take effect and be in force from and after its passage.

Passed May 30th, 1873.

[NOTE.-The foregoing act was presented to the Governor of Texas for his approval on the second of June, A. D. 1873, and was not signed by him, or returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-JAMES P. NEWCOMB, Secretary of State.]

CHAPTER CCLII.

An Act to amend an Act entitled "An Act to incorporate the German Casino of Columbus, Texas."

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the fourth section of the above recited act be so amended as to read as follows, to wit: The object of said association being the promotion of morals, benevolence, and encouragement of musical and dramatic science; and that said association shall be exempt from all occupation tax, State, county and municipal; provided, that this association shall not be allowed to transact any business of profit.

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

Passed May 30th, 1873.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the thirty-first day of May, A. D. 1873, and was not signed by him, or returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.JAMES P. NEWCOMB, Secretary of State.]

CHAPTER CCLIII.

An Act to prohibit the sale or disposition of spirituous, vinous or other intoxicating Liquors within three miles of Mount Calm Masonic Institute.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That it shall not be lawful for any person to sell or otherwise dispose of any spirituous, vinous, or other intoxicating liquors within three miles of Mount Calm Masonic Institute, situated at Mount Calm, Lime stone county, Texas, except on the certificate of some practicing physician, for medical purposes.

SEC. 2. Any person violating the provisions of the first section of this act shall, upon conviction 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. 3. This act shall take effect and be in force within twenty days from and after its passage.

Passed May 30th, 1873.

[NOTE. The foregoing act was presented to the Gover-nor of Texas for his approval on the second day of June, A. D. 1873, and was not signed by him, or returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.JAMES P. NEWCOMB, Secretary of State.]

CHAPTER CCLIV.

An Act to incorporate the Orange, Jasper and Shelby Railroad Company, and to aid in the construction of their Road.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That David Wentzell, Henry Thompson, Henry Russell, D. R. Wingate, M. D. Hine, W. H. Ford, James Lee, E. T. Seale, C. R. Beaty, D. M. Short, William Wilson, James Ballard, S. W. Blount, J. H. Broocks and James M. Ingram, and their associates, be and they are hereby appointed commissioners to open books and receive subscriptions to the capital stock of a corporation hereby created, to be styled the "Orange, Jasper and Shelby Railroad Company."

SEC. 2. That a majority of the commissioners shall constitute a board for the transaction of busines, and shall hold meetings from time to time until directors shall be elected, as hereinafter provided.

SEC. 3. That at the time of subscribing to the stock of this company, eight per centum of the amount subscribed shall be paid in, unless otherwise provided by the commissioners or directors.

SEC. 4. That the subscribers to the capital stock of this company are hereby created and established a body corporate and politic, under the name and style of the 'Orange, Jasper and Shelby Railroad company;" with