SEC. 41. If any corporation created under this or any general statute of this State, except railway, or charitable or religious corporations, be dissolved, leaving debts unpaid, suits may be brought against any person or persons who were stockholders at the time of such dissolution, without joining the corporation in such suit, and if judgment be rendered and execution satisfied, the defendant or defendants may sue all who were stockholders at the time of dissolution for the recovery of the portion of such debt for which they were liable, and the execution upon the judgment shall direct the collection to be made from property of each stockholder respectively, and if any number of stockholders (defendants in the case) shall not have property enough to satisfy his or their portion of the execution, then the amount of deficiency shall be divided equally among all the remaining stockholders, and collections made accordingly, deducting from the amount a sum in proportion to the amount of stock owned by the plaintiff at the time the company dissolved.

SEC. 42. If any stockholder pay more than his due proportion of any debt of the corporation, he may compel contribution from the other stockholders by action.

SEC. 13. No stockholder shall be liable to pay debts of the corporation beyond the amount due on his stock and an additional amount equal to the stock owned by him.

Article VI.--Macadam and Plank Road Corporations.

SEC. 44. It shall be lawful for any corporation created for the purpose of constructing a macadam or plank road, by its agents and servants to enter upon any lands to make surveys, estimates and locations.

SEC. 45. If any such corporation shall require for the construction or repairs of its road, or any bridge thereof, any stone, timber or other material from land adjoining to or near said road, and cannot contract for the same with the owner thereof, such corporation may proceed to have the value of the same assessed, and the same proceedings shall be had therefor as is provided by law to be taken by railway corporations in like cases; and all macadam or plank road corporations shall have the right also to condemn, in like manner, and occupy any quantity of land, not exceeding one acre at any one place, for the purpose of erecting toll houses thereon.

SEC. 46. If any road or any part thereof, after it shall have been completed, shall be suffered to be out of repair so as to be impassable for the space of two months unless when the same is being repaired, the company owning such road shall be liable to forfeit its corporate powers and privileges, and such forfeiture may be enforced

by action, as provided in the Code of Civil Procedure; and if such company shall suffer the road to be out of repair to the injury, hindrance or delay of travelers for an unreasonable time, they shall have no right to collect tolls thereon until the same is again repaired. SEC. 47. All macadam or plank roads shall be opened not exceeding sixty feet wide, thirty feet of which shall be cleared of brush and logs, and at least sixteen feet shall be made an artificial road composed of stone or gravel, or wood, or other convenient material, in such manner as to secure a firm and substantial road. No company or association of individuals which have been or may hereafter be incorporated, for the purpose of making such road, shall erect or keep any toll gate or receive any toll within the corporate limits of any incorporated city, town or village, or within one hundred and sixty rods of such limits.

SEC. 49. As soon as such road shall have been completed, or any part thereof, not less than five miles together in any part of the road, unless the same is less than five miles long, and so from time to time, as often as five miles in addition shall be completed adjoining any five miles previously constructed, the county court of the county in which such finished road lies, or, in case the road lies in two or more counties, the county courts of either of said counties shall, on application of the agent of the company, appoint three judicious householders, who shall, on oath, examine the same, and report their opinion to the court in writing; and if such report shall state that the road, or such part thereof, to be completed agreeably to the provisions of this act, the court shall by license, in writing, authorize the company to erect gates at suitable distances and demand and receive of persons traveling such road the toll that may be fixed by the county court.

SEC. 49. Any person or persons going to or from public worship on the Sabbath, common schools and other institutions of learning, funerals, militia muster, the troops of the United States and of this State, may pass any such road free from toll.

SEC. 50. All macadam or plank road companies shall put up a post or stone at the end of each mile, with the number from beginning of said road, fairly cut or printed thereon; and also in a conspicuous place near each gate shall be placed a board with the rates of toll painted thereon, and no toll shall be demanded unless such rates are kept up.

SEC. 51. If any macadam or plank road company shall fail to keep their road in repair for five days successively, any person may file a complaint in writing, before any justice of the peace of the county, setting forth the nature of the defect complained of, designating the place in the road where it exists; and it shall be the duty

of the justice to appoint two disinterested persons as inspectors, to meet at the place complained of within five days, and of the time and place of meeting reasonable notice shall be given to the gate keeper nearest to the place of meeting, and the inspectors shall then examine into the truth of the matter complained of; and if they shall find the complaint to be true, they shall send a certified copy of the complaint and of the finding thereon to the keeper of each of the gates between which such defective place shall be, and thereafter no toll shall be received at such gates for the intermediate distance, until the part of the road complained of shall be fully repaired; and the inspectors and justice of the peace shall be entitled to two dollars and a half per day for their services, and shall be paid by the company if the complaint be sustained, and if it shall fail, then by the complainant.

SEC. 52. If any person or persons using any part of said road shall, with intent to defraud such company, or shall falsely represent himself or herself to any toll gatherer as entitled to exemption from paying toll, or shall make any untrue statement as to the distance he or they shall have traveled or intend to travel on the road, or shall practice any fraudulent means, and thereby lessen or avoid the payment of tolls, each and every person concerned in any such fraudulent practices shall, for every such offense, forfeit and pay to such company the sum of five dollars, to be recovered by such company in an action of debt before any justice of the peace of the county where the offender may be found.

Article VII.-Telegraph Corporations.

SEC. 53 Corporations created for the purpose of constructing and maintaining magnetic telegraph lines are authorized to set their poles, piers, abutments, wires and other fixtures, along upon and across any of the public roads, streets and waters of this State, in such manner as not to incommode the public in the use of such roads, streets and waters.

SEC. 54. Such companies are also authorized to enter upon any lands, whether owned by private persons in fee or in any less estate, or by any corporation whether acquired by purchase or by virtue of any provision in the charter of such corporation, for the purpose of making preliminary surveys and examinations with a view to the erection of any telegraph lines, and from time to time to appropriate so much of said lands as may be necessary to erect such poles, piers abutments, wires and other necessary fixtures for a magnetic telegraph, and to make such changes of location of any part of said lines as may from time to time be deemed necessary, and shall have

a right to access to construct said line, and when erected, from time to time as may be required to repair the same, and may proceed to obtain the right of way, and to condemn lands for the use of the corporation, in the manner provided by law in case of railway corporations.

SEC. 55. No corporation shall have power to contract with any owner of land for the right to erect and maintain a telegraph line over his lands to the exclusion of the lines of other companies.

SEC. 56. Any corporation, created as herein provided, may contract, own, use and maintain any line or lines of telegraph, whether wholly within, or wholly or partly beyond, the limits of this State, and shall have power to lease or attach to the line or lines of such corporation other telegraph lines, by lease or purchase, and may join with any other corporation or association in constructing, leasing, owning, using or maintaining their line or lines upon such terms as may be agreed upon between the directors or managers of the respective corporations, and may own and hold any interest in such line or lines, or may become lessees thereof on such terms as the respective corporations may agree.

SEC. 57. The council of any city, or trustee of any incorporated town or village through which the line of any telegraph corporation is to pass, may, by ordinance or otherwise, specify where the posts, piers or abutments shall be located, the kind of posts that shall be used, the height at which the wires shall be run, and such company shall be governed by the regulations thus prescribed; and after erection of said telegraph lines, the council of any city, or the trustees of any incorporated town or village, shall have power to direct any alteration in the erection or location of said posts, piers or abutments, and also in the height at which the wires shall run, having first given such company or its agents opportunity to be heard in regard to such alteration.

SEC. 58. Any person who shall wilfully and intentionally injure, molest or destroy any of the lines, post, piers, abutments or other material or property pertaining to any line of telegraph erected in this State, shall be deemed guilty of a misdemeanor, and shall upon conviction, in the court having criminal jurisdiction in the proper county be punished by fine, not exceeding five hundred dollars, or by imprisonment in the county jail, not exceeding one year, or by both; such fine and imprisonment at the discretion of the court having cognizance thereof.

SEC. 59. Any telegraph company now organized, or which may hereafter be organized under the laws of this State, may, at any regular meeting of the stockholders thereof, by vote of persons holding a majority of shares of the stock of such company, unite or

consolidate with any other company or companies now organized, or which may hereafter be organized under the laws of the United States, or of any State, or territory, by the consent of the company with which it may consolidate or unite; and such company so formed may hold, use and enjoy all the rights and priviliges conferred by the laws of Texas on companies separately organized under the provisions of this act, aud be subject to the same liabilities.

Article VIII-Appropriation of lands for the use of railway and other corporations.

SEC. 60. Lands may be appropriated for the use of macadam, plank road and telegraph corporations in the same manner as provided for in the general laws of this State for railway corporations, as far as applicable.

SEC. 61. Every canal corporation for the purpose of irrigation shall, in addition to the powers heretofore conferred, have power:

1. To cause such examination and survey for its proposed canal to be made as may be necessary to the selection of the most advantageous route, and for such purpose by its officers, agents or servants to enter upon the lands or waters of any person.

2. To take and hold such voluntary grant of real and other property as shall be made to it to aid in the construction and maintenance of its canal, ditches and sluices.

3. To construct its canal across, along or upon any stream of

water.

4. To furnish water for irrigation at such rates as such organization or corporation may by its by-laws and regulations prescribe. 5. To borrow such sums of money as may be necessary for completing and finishing or operating their capal, and to issue and dispose of their bonds for any amount so borrowed, and to mortgage their corporate property and franchises to secure the payment of any debt contracted by the operation for the purposes aforesaid; provided, that damages for any property appropriated by such corporation shall be assessed and paid for as is provided for in case of railroads.

Article IX.-Gas and Water Corporations.

SEC. 62. Any gas or water corporation shall have full power to manufacture and sell and to furnish such quantities of gas or water as may be required by the city, town or village where located, for public or private buildings or for other purposes, and such corporation shall have power to lay pipes, mains and conductors for