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Chapter_883-1042.xml
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<text xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation="http://www.tei-c.org/ns/1.0 UNTtite%20(1.3).xsd" xmlns="http://www.tei-c.org/ns/1.0" xml:id="TEI">
<body>
<pb n="883" ed="gammelslawsoftexas" /><pb ed="unknown" n="i" />
<div1 type="article">
<head type="main">GENERAL LAWS <lb/>OF THE <lb/>TWELFTH LEGISLATURE <lb/> OF<lb/>THE STATE OF TEXAS<lb/> FIRST SESSION-1871</head>
<byline>BY AUTHORITY</byline>
<byline>AUSTIN 1871</byline>
<pb n="884" ed="gammelslawsoftexas" /><pb ed="unknown" n="ii" />
<pb n="885" ed="gammelslawsoftexas" /><pb ed="unknown" n="iii" />
<div2 type="act">
<head type="main">CONTENTS.</head>
<p>GENERAL LAWS.</p>
<p>Page</p>
<p>Chapter I—An act making an appropriation for the mileage and per diem pay of the members and the per diem pay of the officers and employes of the first session of the Twelfth Legislature......... 1</p>
<p>Chapter II—An act to discontinue the criminal court of the city of San Antonio, and to transfer the causes pending therein.......... 2</p>
<p>Chapter III—An act to amend an act entitled “An act to provide for districting the State of Texas into judicial dis<pc force="weak">-</pc><lb break="no" />tricts,” approved July 2, 1870....... 2</p>
<p>Chapter IV—An act to amend the twenty-second section of an act entitled “An act prescribing the times of holding the district courts in the several judicial districts in the State.”... 3</p>
<p>Chapter V—An act to amend the thirty-fourth and thirty<pc force="weak">-</pc><lb break="no" />sixth sections of an act entitled “An act prescribing the times of holding the district courts in the several judicial districts in the State,” approved August 10, 1870.... 3</p>
<p>Chapter VI—An act to define the county lines of Comal county........... 4</p>
<p>Chapter VII—An act authorizing the employment of a clerk in the Executive Department, and making an appropria<pc force="weak">-</pc><lb break="no" />tion for the payment of the salary of said clerk...... 5</p>
<pb n="886" ed="gammelslawsoftexas" /><pb ed="unknown" n="iv" /><fw type="header" place="top">Contents.</fw>
<p>Chapter VIII—An act appropriating one thousand dollars for the purpose of taking evidence, and for other services in the suit against the Treasury of the State of Texas, to establish heirship to property of John C. Clark, deceased.......... 5</p>
<p>Chapter IX—An act to amend an act entitled “An act pre<pc force="weak">-</pc><lb break="no" />scribing the times of holding the district courts in the several judicial districts in the State,” approved August 10, 1870.... 6</p>
<p>Chapter X—A bill to be entitled an act to authorize railroad companies to regulate the gauges of their roads....... 7</p>
<p>Chapter XI—An act making an appropriation to defray the contingent and printing expenses of the Twelfth Legisla<pc force="weak">-</pc><lb break="no" />ture.... 7</p>
<p>Chapter XII—An act to amend “An act prescribing the times of holding the district courts in the several judicial dis<pc force="weak">-</pc><lb break="no" />tricts in the State,” approved August 10, 1870...... 8</p>
<p>Chapter XIII—An act to be entitled “An act to amend ‘An act prescribing the times of holding the district courts in the several judicial districts in the State, ” approved Au<pc force="weak">-</pc><lb break="no" />gust 10, 1870........ 8</p>
<p>Chapter XIV—An act to be entitled “An act prescribing the times of holding the district courts in the Seventh Judicial District in the State”........ 10</p>
<p>Chapter XV—An act to authorize the County Court of Wash<pc force="weak">-</pc><lb break="no" />ington county to levy a special tax for building a jail at the county seat........ 10</p>
<p>Chapter XVI—An act to amend “An act to provide for dis<pc force="weak">-</pc><lb break="no" />tricting the State of Texas into judicial districts,” ap<pc force="weak">-</pc><lb break="no" />proved July 2, 1870....... 11</p>
<p>Chapter XVII—An act making an appropriation for the per diem pay of the members, and the per diem pay of the offi<pc force="weak">-</pc><lb break="no" />cers and employes of the Twelfth Legislature of the State of Texas.... 12</p>
<pb n="887" ed="gammelslawsoftexas" /><pb ed="unknown" n="v" /><fw type="header" place="top">Contents.</fw>
<p>Chapter XVIII—An act permanently locating the county seat of Refugio county at the town of Rockport......... 12</p>
<p>Chapter XIX—An act to authorize the County Court of Hays county to levy and collect a special tax for the completion of a court-house...... 13</p>
<p>Chapter XX—An act to be entitled “An act for the employ<pc force="weak">-</pc><lb break="no" />ment of a clerk in the Pension Bureau of the Comptrol<pc force="weak">-</pc><lb break="no" />ler’s office.”..... 13</p>
<p>Chapter XXI—An act to authorize and require the Governor to lease the State penitentiary, together with the labor of the convicts therein...... 14</p>
<p>Chapter XXII—An act supplementary to “An act to regulate the disposal of the public lands of the State of Texas,” approved August 12, A. D. 1870............ 16</p>
<p>Chapter XXIII—An act changing the eastern boundary Johnson county......... 17</p>
<p>Chapter XXIV—An act for the permanent location of the county seat of Van Zandt county, and designating the boundary lines of the same...... 17</p>
<p>Chapter XXV—An act to amend an act entitled “An act to create the county of Delta,” passed July 29, 1870..... 18</p>
<p>Chapter XXVI—An act giving the consent of the Legislatnre of the State of Texas to the purchase by the United States of land within this State for public purposes.......... 18</p>
<p>Chapter XXVII—-An act amendatory of “An act to be enti<pc force="weak">-</pc><lb break="no" />tled ‘An act to amend an act prescribing the times of hold<pc force="weak">-</pc><lb break="no" />ing the district courts in the several judicial districts in the State,’ approved August 10, 1870,” approved March 4, 1871.......... 19</p>
<p>Chapter XXVIII—An act to provide for the employment of private clerks for the judges of the Supreme Court......... 20</p>
<pb n="888" ed="gammelslawsoftexas" /><pb ed="unknown" n="vi" /><fw type="header" place="top">Contents.</fw>
<p>Chapter XXIX—An act to provide for the release of chil<pc force="weak">-</pc><lb break="no" />dren or other persons, citizens of the State of Texas, who are, have been, or may herafter be held as captives by the Indians... 21</p>
<p>Chapter XXX—An act for the permanent location of the county site of Hamilton county..... 21</p>
<p>Chapter XXXI—An act to authorize the county court of Titus county to issue interest-bearing bonds, and to levy a tax to pay the same.......... 22</p>
<p>Chapter XXXII—An act to amend an act entitled “An act to provide for the enrollment of the Militia, the organization and discipline of the State Guards, and for the public de<pc force="weak">-</pc><lb break="no" />fense,” approved June 24, 1870........ 23</p>
<p>Chapter XXXIII—An act making an appropriation for the payment of the salaries of the officers of the State peni<pc force="weak">-</pc><lb break="no" />tentiary now unpaid, and other purposes...... 24</p>
<p>Chapter XXXIV—An act to regulate the keeping and bear<pc force="weak">-</pc><lb break="no" />ing of deadly weapons........ 25</p>
<p>Chapter XXXV—An act to authorize the County Court of Robertson county to levy and collect a special tax for the term of two years to build a court house and jail in the City of Calvert, the county seat of said county........... 27</p>
<p>Chapter XXXVI—An act to authorize the clerks of the dis<pc force="weak">-</pc><lb break="no" />trict courts, and the justices of the peace of the several counties, to issue executions after the adjournment of each term of their respective courts, against the plaintiff or de<pc force="weak">-</pc><lb break="no" />fendant for costs created by them in any suit therein..... 28</p>
<p>Chapter XXXVII—An act to authorize counties, cities and towns to aid in the construction of railroads and other works of internal improvement....... 29</p>
<p>Chapter XXXVIII—An act to amend section twelve of “An act prescribing the times of holding the district courts in the several judicial districts of the State of Texas,” ap<pc force="weak">-</pc><lb break="no" />proved August 10, 1870......... 32</p>
<pb n="889" ed="gammelslawsoftexas" /><pb ed="unknown" n="vii" /><fw type="header" place="top">Contents.</fw>
<p>Chapter XXXIX—An supplemental to and amendatory of “An act to provide for districting the State of Texas into judicial districts,” approved July 2, A. D. 1870.......... 33</p>
<p>Chapter XL—An act providing for the transfer of certain causes pending in the District Court of Polk county from the county of Polk to the county of San Jacinto..... 34</p>
<p>Chapter XLI—An act to amend an act entitled “An act to organize the courts of justices of the peace and county courts, and to define their jurisdiction and duties,” ap<pc force="weak">-</pc><lb break="no" />proved August 13, 1870............. 35</p>
<p>Chapter XLII—An act to provide for the more permanent preservation of the graves in the State Cemetery at Aus<pc force="weak">-</pc><lb break="no" />tin, Texas........... 35</p>
<p>Chapter XLIII—An act to amend an act entitled “An act prescribing the times of holding the district courts in the several judicial districts in the State,” approved Au<pc force="weak">-</pc><lb break="no" />gust 10, 1870......... 36</p>
<p>Chapter XLIV—An act to provide for the establishment of the Agricultural and Mechanical College of Texas......... 36</p>
<p>Chapter XLV—An act supplemental to “An act to provide for the release of children, or other persons, citizens of the State of Texas, who are, have been, or may hereafter be held as captives by the Indians,” approved April 5, 1871....... 38</p>
<p>Chapter XLVI—An act to invest the principal of the perpet<pc force="weak">-</pc><lb break="no" />ual school fund......... 38</p>
<p>Chapter XLVII—An act to authorize the transmission of criminal process by telegraph, and for other purposes..... 39</p>
<p>Chapter XLVIII—An act to authorize the presiding justices of the several counties to perform certain acts for the benefit of idiots and insane persons....... 41</p>
<p>Chapter XLIX—An act to amend “An act prescribing the times of holding the district courts in the several judicial districts in the State,” approved August 10, 1870....... 41</p>
<pb n="890" ed="gammelslawsoftexas" /><pb ed="unknown" n="viii" /><fw type="header" place="top">Contents.</fw>
<p>Chapter L—An act to authorize the city council of the city of New Braunfels to levy and collect a special tax....... 42</p>
<p>Chapter LI—An act for the protection of the growth pecan timber.......... 42</p>
<p>Chapter LII—An act to give effect to the several provisions of the Constitution concerning taxes........ 43</p>
<p>Chapter LIII—An act to provide for the obtaining and tran<pc force="weak">-</pc><lb break="no" />scribing of the several acts or charters founding the towns of Reynosa, Camargo, Mier and Guerrero, in the Republic of Mexico, and of Laredo in Texas, and making an appro<pc force="weak">-</pc><lb break="no" />priation for that purpose........ 56</p>
<p>Chapter LIV—An act to organize and maintain a system of public free schools in the State of Texas......... 57</p>
<p>Chapter LV—An act amendatory of and supplemental to “An act to give effect to the several provisions of the Consti<pc force="weak">-</pc><lb break="no" />tution concerning taxes.”........ 60</p>
<p>Chapter LVI—An act in reference to the location, survey and return of genuine land certificates.... 60</p>
<p>Chapter LVII—An act amendatory of article two hundred and sixty-three of the Code of Criminal Procedure......... 61</p>
<p>Chapter LVIII—An act to amend sections one and four of “An act to define, establish and mark the boundaries of the counties of Cameron, Hidalgo, Starr, Zapata, Webb, Encinal, Duval and Nueces,” passed July 26, 1870.... 62</p>
<p>Chapter LIX—An act making an appropriation for the pur<pc force="weak">-</pc><lb break="no" />pose of having certain general indexes in the General Land Office copied......... 63</p>
<p>Chapter LX—An act providing that all fees or costs of peace officers shall be taxed and payable in United States cur<pc force="weak">-</pc><lb break="no" />rency........... 63</p>
<p>Chapter LXI—An act to authorize the Governor to order a special election in the county of Grimes to settle perma<pc force="weak">-</pc><lb break="no" />nently the county site of said county...... 64</p>
<pb n="891" ed="gammelslawsoftexas" /><pb ed="unknown" n="ix" /><fw type="header" place="top">Contents.</fw>
<p>Chapter LXII—An act to authorize the County Court of Ellis county to issue coupon interest-bearing bonds, to aid in the construction of a court house and jail in said county. 65</p>
<p>Chapter LXIII—An act to amend an act entitled “An act prescribing the times of holding the district courts in the several judicial districts in the State,” approved August 10, 1870.......... 66</p>
<p>Chapter LXIV—An act appropriating money for furnishing the Comptroller’s building........ 66</p>
<p>Chapter LXV—An act exempting telegraphic operators in this State from serving on juries and in the State Militia 67</p>
<p>Chapter LXVI—An act to provide for the payment of the public debt of the State of Texas.......... 67</p>
<p>Chapter LXVII—An act to amend the third section of an act entitled “An act creating the counties of Presidio, El Paso and Worth,” approved January 3, 1850....... 70</p>
<p>Chapter LXVIII—An act to amend an act entitled “An act to establish a State police and provide for the regulation of the same,” approved July 1, 1870......... 70</p>
<p>Chapter LXIX—An act amendatory of section thirty-one of an act entitled “An act prescribing the times of holding the district courts in the several judicial districts in the State,” approved August 10, 1870........ 72</p>
<p>Chapter LXX—An act to organize the county of Pecos....... 73</p>
<p>Chapter LXXI—An act for the protection of poor persons in cases of appeal in civil suits......... 74</p>
<p>Chapter LXXII—An act supplementary to an act entitled “An act providing for the issuance and sale of the bonds of the State for the purpose of meeting the appropriations made for maintaining ranging companies on the fron<pc force="weak">-</pc><lb break="no" />tier,” approved August 5, 1870....... 75</p>
<pb n="892" ed="gammelslawsoftexas" /><pb ed="unknown" n="x" /><fw type="header" place="top">Contents.</fw>
<p>Chapter LXXIII—An act supplementary to an act entitled “An act to authorize counties, cities and towns to aid in the construction of railroads and other works of internal improvements,” approved April 12, 1871......... 75</p>
<p>Chapter LXXIV—An act providing for the completion and control of the Supreme Court building, library, etc.... 76</p>
<p>Chapter LXXV—An act to require the clerk of the District Court of Lamar county to index the records in his office, and providing for his payment therefor......... 77</p>
<p>Chapter LXXVI—An act to further amend the eleventh sec<pc force="weak">-</pc><lb break="no" />tion of “An act to provide for the registration of deeds and other instruments of writing,” approved May 12, 1846.......... 77</p>
<p>Chapter LXXVII—An act transferring the settlement of the estate of James H. Leaverton, deceased, from the District Court of Anderson county to the District Court of Hous<pc force="weak">-</pc><lb break="no" />ton county............ 78</p>
<p>Chapter LXXVIII—An act to authorize the County Court of Milam county to levy and collect a special tax for the pur<pc force="weak">-</pc><lb break="no" />pose of erecting a new court house in said county........ 79</p>
<p>Chapter LXXIX—An act to repeal the third section and to amend the second section of “An act to regulate the sale of lands under decrees of courts,” approved August 13, 1870........ 79</p>
<p>Chapter LXXX—An act to validate certain acts of the County Court of Van Zandt county........ 80</p>
<p>Chapter LXXXI—An act to amend an act entitled “An act fixing the terms of the Supreme Court of the State of Texas, and authorizing and requiring the court to estab<pc force="weak">-</pc><lb break="no" />lish rules,” approved August 13, A. D. 1870........ 81</p>
<p>Chapter LXXXII—An act amendatory of an act entitled “An act to organize the courts of justices of the peace and county courts and to define their jurisdiction and duties,” approved August 13, 1870..... 81</p>
<pb n="893" ed="gammelslawsoftexas" /><pb ed="unknown" n="xi" /><fw type="header" place="top">Contents.</fw>
<p>Chapter—LXXXIII—An act authorizing administrators, ex<pc force="weak">-</pc><lb break="no" />ecutors, guardians and trustees to secure their bonds by pledge of real estate...... 83</p>
<p>Chapter LXXXIV—An act to amend an act entitled “An act to adopt and establish a penal code for the State of Texas,” approved August 26, A. D. 1856, and to repeal an act entitled “An act to amend articles 412 and 418 of an act to adopt and establish a penal code for the State of Texas,” approved December 16, A. D. 1863....... 84</p>
<p>Chapter LXXXV—An act to exempt from taxation certain property therein specified........ 85</p>
<p>Chapter LXXXVI—An act to organize the county of Presidio 86</p>
<p>Chapter LXXXVII—An act to authorize the Governor to re<pc force="weak">-</pc><lb break="no" />ceive from the Treasury of the United States the money due the State of Texas from the United States......... 87</p>
<p>Chapter LXXXVIII—An act providing for the payment of persons summoned as witnesses before the Senate sitting as a High Court of Impeachment in the case of Wm. H. Russell, Judge of the Fifteenth Judicial District, and making an appropriation for the same....... 88</p>
<p>Chapter LXXXIX—An act to authorize the County Court of Dallas county to levy and collect a special tax for the building of a court house....... 88</p>
<p>Chapter XC—An act authorizing the appointment of sheriffs and clerks pro tem. in certain cases......... 89</p>
<p>Chapter XCI—An act to provide for the continuance of the “General Index of Special Acts,” and making an appro<pc force="weak">-</pc><lb break="no" />priation therefor......... 89</p>
<p>Chapter XCII—An act repealing an act entitled “An act es<pc force="weak">-</pc><lb break="no" />tablishing a general apprentice law, and defining the ob<pc force="weak">-</pc><lb break="no" />ligations of master or mistress and apprentice,” approved October 27, 1866....... 90</p>
<pb n="894" ed="gammelslawsoftexas" /><pb ed="unknown" n="xii" /><fw type="header" place="top">Contents.</fw>
<p>Chapter XCIII—An act to repeal an act entitled “An act regulating contracts for labor,” approved November 1, 1866............. 91</p>
<p>Chapter XCIV—An act providing for the payment of per<pc force="weak">-</pc><lb break="no" />sons summoned as witnesses before the Senate, sitting as a High Court of Impeachment, in the case of Wm. H. Russell, Judge of the Fifteenth Judicial District, and making an appropriation therefor........ 91</p>
<p>Chapter XCV—An act to repeal a portion of “An act to change the names of the counties of Cass and Buchanan,” approved December 17, 1861, and to designate the name of the so-called county of Davis....... 92</p>
<p>Chapter XCVI—An act to amend the first, third and fifth sections of an act entitled “An act to regulate the dis<pc force="weak">-</pc><lb break="no" />posal of the public lands of the State of Texas,” ap<pc force="weak">-</pc><lb break="no" />proved August 12, 1870......... 93</p>
<p>Chapter XCVII—An act further defining the powers and jurisdiction of the Criminal District Court of Galveston and Harris counties...... 94</p>
<p>Chapter XCVIII—An act authorizing the County Court of Kerr county to levy a special tax........ 96</p>
<p>Chapter XCIX—An act authorizing the Governor to com<pc force="weak">-</pc><lb break="no" />mission Silas McCrary and Jerry Washington, who have been duly elected, as justices of the peace for Bowie county, and to validate their official acts....... 96</p>
<p>Chapter C—An act making an appropriation to defray the contingent and printing expenses of the first session of the Twelfth Legislature....... 97</p>
<p>Chapter CI—An act to legalize certain acts of the County Court of Brazos county...... 97</p>
<p>Chapter CII—An act making appropriations for the support of the State government for deficiencies for the fiscal year ending August 31, 1871, and for the fiscal year be<pc force="weak">-</pc><lb break="no" />ginning September 1, 1871, and ending August 31, 1872 98</p>
<pb n="895" ed="gammelslawsoftexas" /><pb ed="unknown" n="xiii" /><fw type="header" place="top">Contents.</fw>
<p>Chapter CIII—An act to authorize the Governor to prepare and issue bonds to an amount sufficient to meet any de<pc force="weak">-</pc><lb break="no" />ficiency in the receipts of revenue for the years 1871 and 1872, and also providing for the payment of said bonds and interest thereon...... 106</p>
<p>Chapter CIV—An act further regulating proceedings in the several courts of the State of Texas........ 108</p>
<p>Chapter CV—An act changing the venue of a certain suit hereinafter named......... 109</p>
<p>Chapter CVI—An act to define and establish the boundary line between the counties of Live Oak and Nueces... 109</p>
<p>Chapter CVII—An act authorizing the Commissioner of the General Land Office to appoint four additional draftsmen for his department, and fixing the salaries and making an appropriation therefor........ 110</p>
<p>Chapter CVIII—An act to amend the seventy-first and ninety<pc force="weak">-</pc><lb break="no" />second sections of “An act to regulate proceedings in the district courts,” approved May 13, 1846....... 110</p>
<p>Chapter CIX—An act to encourage stock raising and for the protection of stock raisers....... 112</p>
<p>Chapter CX—An act to authorize the County Court of Harris county to issue bonds for the purpose of funding the in<pc force="weak">-</pc><lb break="no" />debtedness of said county, and to provide for their pay<pc force="weak">-</pc><lb break="no" />ment....... 121</p>
<p>Chapter CXI—An act authorizing and requiring the county tax for the years 1810 and 1871, collected by other coun<pc force="weak">-</pc><lb break="no" />ties from persons and upon property situated in San Ja<pc force="weak">-</pc><lb break="no" />cinto county, to be paid to San Jacinto county......... 121</p>
<p>Chapter CXII—An act to organize the county of Frio...... 122</p>
<p>Chapter CXIII—An act supplemental to an act entitled “An act to provide for the payment of the public debt of the State of Texas,” approved May 2, 1871............ 123</p>
<pb n="896" ed="gammelslawsoftexas" /><pb ed="unknown" n="xiv" /><fw type="header" place="top">Contents.</fw>
<p>Chapter CXIV—An act authorizing heads of departments of the State government to administer oaths........ 124</p>
<p>Chapter CXV—An act to amend “An act prescribing the mode of proceeding in district courts in matters of probate,” approved August 15, 1870........ 125</p>
<p>Chapter CXVI—An act to organize the bureau of immigra<pc force="weak">-</pc><lb break="no" />tion..... 127</p>
<p>Chapter CXVII—An act regulating appeals in criminal cases 129</p>
<p>Chapter CXVIII—An act to levy a special tax in the county of Van Zandt.......... 130</p>
<p>Chapter CXIX—An act to authorize the Commissioner of the General Land Office to purchase one hundred and thirty copies of Burlage & Hollingsworth’s book of Valid Land Titles to prevent the location of fraudulent land certifi<pc force="weak">-</pc><lb break="no" />cates....... 131</p>
<p>Chapter CXX—An act to legalize the official acts of I. H. Steen, while acting as justice of the peace of Hamilton county........ 131</p>
<p>Chapter CXXI—An act to make the county of La Salle a part of the Seventeenth Judicial District of this State, and to attach it to the county of Live Oak for judicial and other purposes....... 132</p>
<p>Chapter CXXII—An act to legalize the official acts of I. H. Steen while acting as District Clerk of Hamilton county. 133</p>
<p>Chapter CXXIII—An act to provide for the appointment of one county surveyor for two or more counties........ 132</p>
<p>Chapter CXXIV—An act authorizing the compromise of cer<pc force="weak">-</pc><lb break="no" />tain suits brought by the State in District Court of Colo<pc force="weak">-</pc><lb break="no" />rado county..... 133</p>
<p>Chapter CXXV—An act authorizing railroad companies of this State to hold meetings, either of stockholders or di<pc force="weak">-</pc><lb break="no" />rectors, beyond the limits of the State, on certain condi<pc force="weak">-</pc><lb break="no" />ditions........... 134</p>
<pb n="897" ed="gammelslawsoftexas" /><pb ed="unknown" n="xv" /><fw type="header" place="top">Contents.</fw>
<p>Chapter CXXVI—An act amendatory of an act entitled “An act to provide for the establishment of the Agricultural and Mechanical College of Texas,” approved April 17, 1871....... 135</p>
<p>Chapter CXXVII—An act to amend the twenty-fourth sec<pc force="weak">-</pc><lb break="no" />tion of an act entitled “An act to give effect to the sev<pc force="weak">-</pc><lb break="no" />eral provisions of the Constitution concerning taxes,’ ap<pc force="weak">-</pc><lb break="no" />proved April 22, A. D. 1871........ 135</p>
<p>Chapter CXXVIII—An act to repeal section twenty-nine of “An act to organize the courts of justices of the peace, and county courts, and to define their jurisdiction and duties,” approved August 13, 1870........ 136</p>
<p>Chapter CXXIX—An act authorizing the board of trustees of the State Blind Asylum to audit the payment of cer<pc force="weak">-</pc><lb break="no" />tain accounts, and making an appropriation for the same. 137</p>
<p>Chapter CXXX—An act to legalize the acts of I. A. Lee, of Coryell county....... 138</p>
<p>Chapter CXXXI—An act to authorize the transcript of the surveyor’s records of Lampases county........ 138</p>
<p>Chapter CXXXII—An act to provide for a special registra<pc force="weak">-</pc><lb break="no" />tion of voters preparatory to any election under the pro<pc force="weak">-</pc><lb break="no" />visions of “An act to authorize counties, cities and towns to aid in the construction of railroads, and other works of internal improvement,” approved April 12, 1871, and to declare who shall be considered qualified voters at any election held under the provisions of said act... 139</p>
<p>Chapter CXXXIII—An act to require the judge of the Eighteenth Judicial District to hold a special term of the District Court of Brazoria county......... 140</p>
<pb n="898" ed="gammelslawsoftexas" /><pb ed="unknown" n="xvi" /><fw type="header" place="top">Contents.</fw>
<p>JOINT RESOLUTIONS.</p>
<p>Page</p>
<p>Chapter I—Joint resolution authorizing the Adjutant Gene<pc force="weak">-</pc><lb break="no" />ral of the State to procure a suitable building in this city for the use of his department, and to remove the powder and explosive ammunition in the basement of the Capitol. 141</p>
<p>Chapter II—Joint resolution providing for the election of United States Senator on the second Tuesday after the organization of this Legislature........... 141</p>
<p>Chapter III—Joint resolution asking influence of Texas Con<pc force="weak">-</pc><lb break="no" />gressmen for correction of and increased mail facilities.. 142</p>
<p>Chapter IV—Joint resolution instructing our Senators and re<pc force="weak">-</pc><lb break="no" />questing our Representatives in Congress to secure the es<pc force="weak">-</pc><lb break="no" />tablishment of the port of Sabine Pass a port of entry, and recommending to the honorable Congress of the United States a favorable consideration of the petition of the citizens of southeastern and northeastern Texas, in relation to this subject, now in the hands of their Repre<pc force="weak">-</pc><lb break="no" />sentative, G. W. Whitmore, for presentation to the honor<pc force="weak">-</pc><lb break="no" />able Congress of the United States of America....... 143</p>
<p>Chapter V—Joint resolution in reference to the defense of a certain suit......... 143</p>
<p>Chapter VI—Joint resolution asking the Congress of the United States to pass a bill for the construction of a rail<pc force="weak">-</pc><lb break="no" />road from the eastern boundary of Texas to the Pacific Ocean, on or near the thirty-second parallel of latitude, and to grant the same aid for the construction of this rail<pc force="weak">-</pc><lb break="no" />road that has been granted to secure the building of the Northern Pacific railroad................... 144</p>
<p>Chapter VII—Joint resolution authorizing the Governor to receive from the Texas and New Orleans Railroad Com<pc force="weak">-</pc><lb break="no" />pany, or the present representatives thereof, the amount of interest due the special school fund on the 1st day of November, 1870, under the provisions of an act entitled “An act for the relief of railroad companies indebted to the State for loans from the special school fund,” ap<pc force="weak">-</pc><lb break="no" />proved August 13, 1870, and permitting said company, or its representatives, to avail itself of the provisions of said act.......... 146</p>
<pb n="899" ed="gammelslawsoftexas" /><pb ed="unknown" n="xvii" /><fw type="header" place="top">Contents.</fw>
<p>Chapter VIII—Joint resolution making an appropriation of one thousand and eighty-five dollars to pay for the por<pc force="weak">-</pc><lb break="no" />trait of Gen. Sam Houston........... 146</p>
<p>Chapter IX—Joint resolution authorizing members of the Legislature to withdraw from office of Secretary of State enrolled bills which failed to become laws at the last ses<pc force="weak">-</pc><lb break="no" />sion of the Legislature....... 147</p>
<p>Chapter X—Joint resolution authorizing the engrossing and enrolling clerks of this Legislature to occupy the State library for the performance of their clerical duties....... 148</p>
<p>Chapter XI—Joint resolution making an appropriation, and expressing the wish of the State touching the suit of John A. C. Gray, receiver, etc., vs. the Governor and Commis<pc force="weak">-</pc><lb break="no" />sioner of the General Land Office........... 148</p>
<p>Chapter XII—Joint resolution asking the Congress of the United States to send a joint committee to the frontiers of Texas to inquire into and report upon the number of murders and extent of the outrages committed in Texas during the last five (5) years, and now being committed in Texas by bands of Indians living within the territory of the United States, and harbored within the Republic of Mexico........ 149</p>
<p>Chapter XIII—Joint resolution instructing our Senators and requesting our Representatives in Congress to urge upon Congress the passage of a bill for more secure and reli<pc force="weak">-</pc><lb break="no" />able postal telegraph facilities...... 151</p>
<p>Chapter XIV—Joint resolution respecting our postal service. 152</p>
<p>Chapter XV—Joint resolution instructing our Senators and requesting our Representatives in Congress to use their exertions to effect the removal of bands of Comanche and Kiowa Indians to a point at least one hundred and fifty miles from the civilized settlements or organized counties in Texas........ 152</p>
<pb n="900" ed="gammelslawsoftexas" /><pb ed="unknown" n="xviii" /><fw type="header" place="top">Contents.</fw>
<p>Chaptet XVI—Joint resolution requesting our Representa<pc force="weak">-</pc><lb break="no" />tives and Senators in the Congress of the United States to procure the passage of an act creating and establishing a port of entry at the city of Rockport, on Aransas bay, in the county of Refugio, in this State...... 153</p>
<p>Chapter XVII—Joint resolution requiring the Comptroller of Public Accounts to retransfer to the State revenue ac<pc force="weak">-</pc><lb break="no" />count the sum of thirty-five thousand nine hundred and fifty dollars and five cents, heretofore erroneously trans<pc force="weak">-</pc><lb break="no" />ferred from said revenue account to the available school fund account.......... 154</p>
<p>Chapter XVIII—-Joint resolution instructing our Senators and requesting our members in Congress to urge the open<pc force="weak">-</pc><lb break="no" />ing of the Indian country north of Texas to settlement.. 154</p>
<p>Chapter XIX—Joint resolution asking the Congress of the United States to pass an act giving a pension to the widow and minor children of Capt. Wm. W. Montgomery........ 155</p>
<p>Chapter XX—Joint resolution authorizing the Secretary of State to present one Winchester carbine to each of the persons who overtook and killed four of a band of hostile Indians.............. 156</p>
<p>Chapter XXI—Joint resolution authorizing and requiring the Governor to call a special election to fill certain vacancies 156</p>
<p>Chapter XXII—-Joint resolution for the relief of Davis county 157</p>
<p>Chapter XXIII—Joint resolution authorizing the Secretary of State to issue to the Galveston Mercantile Library sets of public documents of the State of Texas..... 158</p>
<p>Chapter XXIV—Joint resolution authorizing his Excellency, the Governor of the State, to dispose of the “Houston Tap and Brazoria Railroad”......... 158</p>
<p>Chapter XXV—Joint resolution in relation to payment of salaries of district judges.......... 159</p>
<pb n="901" ed="gammelslawsoftexas" /><pb ed="unknown" n="xix" /><fw type="header" place="top">Contents.</fw>
<p>Chapter XXVI—Joint resolution proposing an amendment to section six of article ten of the Constitution of the State of Texas........ 160</p>
<p>Chapter XXVII—Joint resolution instructing our Senators and requesting our Representatives in Congress to use their influence in the passage of such an act by the United States Congress as shall incorporate the name of Commo<pc force="weak">-</pc><lb break="no" />dore John G. Tod in the Navy of the United States in the same rank held by him in the Texas Navy at the date of annexation....... 161</p>
<p>Chapter XXVIII—Joint resolution authorizing the Governor of the State to invite the Honorable Horace Greeley to visit the capital of the State........ 162</p>
</div2>
<pb n="902" ed="gammelslawsoftexas" /><pb ed="unknown" n="xx" />
<pb n="903" ed="gammelslawsoftexas" /><pb ed="unknown" n="1" />
<div2 type="act">
<head type="main">GENERAL LAWS OF TEXAS, 1871.</head>
<div3 type="section">
<head type="main">CHAPTER I.</head>
<opener>
<salute>An Act making an appropriation for the Mileage and per diem pay of the members, and the per diem pay of the officers and em<pc force="weak">-</pc><lb break="no" />ployes of the first session of the Twelfth Legislature.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of seventy-five thousand dollars, or so much thereof as may be necessary, be, and the same is hereby appropria<pc force="weak">-</pc><lb break="no" />ted out of any moneys in the Treasury not otherwise appropriated, for the mileage and per diem pay of members, and the per diem pay of the officers and employes of the first session of the Twelfth Legislature of the State of Texas.</p>
<p>Sec. 2. That the certificate of the Secretary of the Senate, approved by the President thereof, or the certificate of the Chief Clerk of the House, approved by the Speaker thereof, shall be suf<pc force="weak">-</pc><lb break="no" />ficient evidence to the Comptroller, upon which he shall audit the claims and draw his warrants upon the Treasurer for the respective amounts.</p>
<p>Sec. 3. That any balance of moneys remaining in the Treasury, heretofore appropriated for the per diem pay of the members, offi<pc force="weak">-</pc><lb break="no" />cers and employes of any preceding session of the Legislature of the State of Texas, be and the same is hereby reappropriated for the purposes specified in this act.</p>
<p>Sec. 4. That this act take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>January 20, 1871</date>.</dateline>
</closer>
</div3>
<pb n="904" ed="gammelslawsoftexas" /><pb ed="unknown" n="2" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER II.</head>
<opener>
<salute>An Act to discontinue the Criminal Court of the City of San An<pc force="weak">-</pc><lb break="no" />tonio, and to transfer the causes pending therein.</salute>
</opener>
<p>Section 1. Be it enacted, by the Legislature of the State of Texas, That all causes now pending in the Criminal Court of the city of San Antonio are hereby transferred to the District Court of Bexar county, there to be proceeded with the same as if prosecution had been originally instituted in the said district court.</p>
<p>Sec. 2. That all books and records of said criminal court, and all papers on file in the said criminal court, are hereby transferred to the District Court of Bexar county, and shall hereafter be held valid as a part of the records and papers of said district court.</p>
<p>Sec. 3. All writs and process heretofore issued by said criminal court, are hereby made returnable to the District Court of Bexar county; and all bonds and recognizances heretofore made or en<pc force="weak">-</pc><lb break="no" />tered into in causes pending in said criminal court, and all orders, judgments and decrees of said criminal court, shall be enforced in the said district court, the same as if they had been originally made or entered into in said district court.</p>
<p>Sec. 4. That an act entitled, “An act to establish a criminal court in the city of San Antonio,” approved November 8, 1866, be, and the same is hereby repealed; and that this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>January 28, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER III.</head>
<opener>
<salute>An Act to amend an act entitled “An Act to provide for districting the State of Texas into judicial districts,” approved July 2, 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That an act entitled “An act to provide for districting the State of Texas into judicial districts,” approved July 2, 1870, be so amended as to read as follows, to-wit:</p>
<p>Section thirty-three shall read “The Thirty-third Judicial Dis<pc force="weak">-</pc><lb break="no" />trict shall be composed of the counties of Limestone, Falls and MeLennan;” and that section thirty-five of said act shall be so<pb n="905" ed="gammelslawsoftexas" /><pb ed="unknown" n="3" /><fw type="header" place="top">Laws of the State of Texas.</fw>amended as to read as follows, to-wit: “The Thirty-fifth Judicial District shall be composed of the counties of Bosque, Hill and Navarro.”</p>
<p>Sec. 2. That this act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>February 6, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER IV.</head>
<opener>
<salute>An Act to amend the twenty-second section of an act entitled “An Act prescribing the times of holding the District Courts in the several judicial districts in the State.”</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the twenty-second section of the above recited act shall be so amended as hereafter to read as follows, viz: “Section 22. That the district courts of the Twenty-first Judicial District shall be holden at the times hereinafter specified, to-wit: In the county of Colorado on the first Mondays in October, February and June, and may continue in session four weeks; in the county of Fort Bend on the first Mondays in November, March and July, and may continue in session three weeks; in the county of Austin on the fourth Mondays in November, March and July, and may continue in session until the business is disposed of.”</p>
<p>Sec. 2. This act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>February 6, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER V.</head>
<opener>
<salute>An Act to amend the Thirty-fourth and thirty-sixth sections of an Act entitled “An Act prescribing the times of holding the Dis<pc force="weak">-</pc><lb break="no" />trict Courts in the several judicial districts in the State,” ap<pc force="weak">-</pc><lb break="no" />proved August 10, 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That section thirty-four of an act entitled “An act pre<pc force="weak">-</pc><lb break="no" />scribing the times of holding the district courts in the several judi<pc force="weak">-</pc><lb break="no" />cial districts in the State,” and approved August 10, 1870, be so<pb n="906" ed="gammelslawsoftexas" /><pb ed="unknown" n="4" /><fw type="header" place="top">Laws of the State of Texas.</fw>amended that hereafter the terms of holding the district courts in the Thirty-third Judicial District of the State be so amended as to read as follows, to-wit: “In the county of Limestone, on the second Monday in February, June and October, and may continue in ses<pc force="weak">-</pc><lb break="no" />sion three weeks; in the county of Falls, on the Fourth Monday after the second Monday in February, June and October, and may continue in session four weeks; in the county of McLennan, on the eighth Monday after the second Monday in February, June and October, and may continue in session five weeks.”</p>
<p>Sec. 2. That section thirty-six be so amended as to read as fol<pc force="weak">-</pc><lb break="no" />lows: “That the district courts of the Thirty-fifth Judicial District shall be holden at the times hereinafter specified, to-wit: In the county of Bosque, on the first Monday in February, June and Oc<pc force="weak">-</pc><lb break="no" />tober, and may continue in session two weeks; in the county of Hill, on the third Monday in February, June and October, and may continue in session three weeks; in the county of Navarro, on the second Monday in March, July and November, and may continue in session for four weeks.”</p>
<p>Sec. 3. That this act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>February 6, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER VI.</head>
<opener>
<salute>An Act to define the county lines of Comal county.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That, whereas doubts and fears have arisen as to the legality of an act passed by the Seventh Legislature of this State, and ap<pc force="weak">-</pc><lb break="no" />proved on the twelfth day of February, 1858, whereby the county of Blanco was created, and a part of Guadalupe county (54 square miles) added to Comal, the county lines of Comal county shall be as follows: Beginning at the mouth of Balcones creek on the Cibolo river, thence down the Cibolo with its meanders to the lower line of N. Michele’s league No. 114, being the present corner of said Comal county; thence, in a direct line as now existing, to the southwest corner of survey No. 21, in the name of John Thompson; thence, with the south line of said league, north, sixty-five degrees east, to its lower corner on the Guadalupe river; thence, north, fifty degrees east, seven miles; thence north, fourteen degrees west, to the Hays<pb n="907" ed="gammelslawsoftexas" /><pb ed="unknown" n="5" /><fw type="header" place="top">Laws of the State of Texas.</fw>county line; thence, with said line to the corner of Blanco county on the little Blanco creek; thence, with the line of Blanco county, to the beginning.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>February 8, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER VII.</head>
<opener>
<salute>An Act authorizing the employment of a clerk in the Executive Department, and making an appropriation for the payment of the salary of said clerk.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor of the State be, and he is hereby authorized to employ one additional clerk, at a salary of fifteen hundred dollars per annum, in the Executive Department, and that the sum of fifteen hundred dollars be appropriated out of any money in the Treasury, not otherwise appropriated, for the pay of said clerk.</p>
<p>Sec. 2. That this act be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>February 11, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER VIII.</head>
<opener>
<salute>An Act appropriating one thousand dollars for the purpose of tak<pc force="weak">-</pc><lb break="no" />ing evidence, and for other services in the suit against the Treas<pc force="weak">-</pc><lb break="no" />ury of the State of Texas, to establish heirship to property of John C. Clark, Deceased.</salute>
</opener>
<p>Section. 1. Be it enacted by the Legislature of the State of Texas, That the sum of one thousand dollars, out of any moneys in the Treasury not otherwise appropriated, be and the same is hereby appropriated for the purpose of defraying expenses in pro<pc force="weak">-</pc><lb break="no" />curing evidence and other services in the defense of suits against the State by claimants of the estate of John C. Clark, deceased.</p>
<pb n="908" ed="gammelslawsoftexas" /><pb ed="unknown" n="6" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 2. That the Comptroller of Public Accounts be and he is hereby directed to draw his warrant upon the Treasury of the State, in favor of Edward Collier, Esq., for the sum of one thousand dol<pc force="weak">-</pc><lb break="no" />lars, to be expended by him for the purposes above specified, to be paid out of the amount appropriated by this act.</p>
<p>Sec. 3. That the said sum of one thousand dollars, or so much thereof as may be expended, shall be charged against the estate of the said John C. Clark, deceased, and be replaced in the Treasury of the State out of the first moneys realized from said estate, either by the Treasurer or any person or persons into whose hands said estate may pass.</p>
<p>Sec. 4. This act shall be in force from its passage.</p>
<closer>
<dateline>Approved <date>February 11, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER IX.</head>
<opener>
<salute>An Act to amend an act entitled “An Act prescribing the times of holding the District Courts in the several Judicial Districts in the State,” approved August 10, 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That section nineteen of an act entitled “An act prescrib<pc force="weak">-</pc><lb break="no" />ing the times of holding the district courts in the several judicial districts in the State,” approved August 10, 1870, be, and the same is hereby amended so as to read as follows, to-wit: “Section 19. That the district courts of the Eighteenth Judicial District shall be holden at the times hereinafter specified, to-wit: In the county of Brazoria on the first Mondays in October, January and May, and may continue in session three weeks; in the county of Galveston on the last Mondays in November, February and June, and may con<pc force="weak">-</pc><lb break="no" />tinue in session until the business is disposed of.”</p>
<p>Also, that section twenty of the aforesaid act be, and the same is hereby amended so as to read as follows, to-wit: “Section 20. That the district courts of the Nineteenth Judicial Districts shall be holden at the times hereinafter specified, to-wit: In the county of Montgomery on the second Monday in September and first Mon<pc force="weak">-</pc><lb break="no" />days in February and June, and may continue in session three weeks; in the county of Harris on the last Mondays in October, March and July, and may continue in session until the business is disposed of.”</p>
<p>Sec. 2. All process heretofore issued or served, returnable in<pb n="909" ed="gammelslawsoftexas" /><pb ed="unknown" n="7" /><fw type="header" place="top">Laws of the State of Texas.</fw>Harris county on the first Monday of March, shall be considered as returnable on the last Monday of that month, and be of the same effect as if no change had been made in the holding the term of the court in that county.</p>
<p>Sec. 3. That this act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>February 14, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER X.</head>
<opener>
<salute>A bill to be entitled an act to authorize railroad companies to reg<pc force="weak">-</pc><lb break="no" />ulate the gauges of their roads.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That any railroad company in this State may have the right, and they are hereby authorized to change the gauge of their road at pleasure, so that the gauge shall not be less than four feet eight and one-half inches.</p>
<p>Sec. 2. That this act take effect and be in force from its passage.</p>
<closer>
<dateline>Approved <date>February 14, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XI.</head>
<opener>
<salute>An Act mating an appropriation to defray the contingent and printing expenses of the Twelfth Legislature.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of thirty thousand dollars, or so much thereof as may be required, be and the same is hereby appropriated out of any unappropriated funds in the Treasury, to defray the contingent and printing expenses of the Twelfth Legislature; said appropria<pc force="weak">-</pc><lb break="no" />tion to be in proportion of eighteen thousand, dollars for the use of the House, and twelve thousand dollars for the use of the Senate, and that the certificates of the Secretary of the Senate, and Chief Clerk of the House of Representatives to the correctness of, and approval of the Chairmen of Committees of Contingent and Print<pc force="weak">-</pc><lb break="no" /><pb n="910" ed="gammelslawsoftexas" /><pb ed="unknown" n="8" /><fw type="header" place="top">Laws of the State of Texas.</fw>ing Expenses of the Senate and House of Representatives, to the acounts against the two Houses, shall be sufficient authority for the Comptroller to draw his warrants upon the Treasurer for the sev<pc force="weak">-</pc><lb break="no" />eral amounts charged against said fund.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>February 23, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XII.</head>
<opener>
<salute>An Act to amend “An Act prescribing the times of holding the district courts in the several judicial districts in the State,” ap<pc force="weak">-</pc><lb break="no" />proved August 10, 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That section (15) fifteen of “An act prescribing the times of holding the district courts in the several judicial districts in the State,” approved August 10, 1870, be so amended as to read here<pc force="weak">-</pc><lb break="no" />after as follows, to-wit: “Section fifteen. That the district courts of the Fourteenth Judicial District shall be holden at the times hereinafter specified, to-wit: In the county of Ellis, on the first Mondays in January, May and September, and may continue in ses-session four weeks; in the county of Dallas, on the first Mondays in February, June and October, and may continue in session five weeks; in the county of Tarrant, on the second Mondays in March, July and November, and may continue in session four weeks.”</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 1, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XIII.</head>
<opener>
<salute>An Act to be entitled “An Act to amend ‘An Act prescribing the times of holding the district courts in the several judicial dis<pc force="weak">-</pc><lb break="no" />tricts in the State,’ approved August 10, 1870.”</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, as follows: That the twenty-seventh section of the above re<pc force="weak">-</pc><lb break="no" />cited act be, and the same is hereby amended so as to read as fol<pc force="weak">-</pc><lb break="no" /><pb n="911" ed="gammelslawsoftexas" /><pb ed="unknown" n="9" /><fw type="header" place="top">Laws of the State of Texas.</fw>lows: “That the district courts of the Twenty-sixth Judicial Dis<pc force="weak">-</pc><lb break="no" />trict shall be holden at the times hereinafter specified, to-wit: In the county of Kendall on the first Mondays, in October, February and June, and may continue in session two weeks, in the county of Kerr on the third Mondays in October, February and June, and may continue in session two weeks; in the county of Gillespie on the first Mondays in November, March and July, and may con<pc force="weak">-</pc><lb break="no" />tinue in session three weeks; in the county of Mason on the fourth Mondays in November, March and July, and may continue in ses<pc force="weak">-</pc><lb break="no" />sion one week; in the county of Blanco on the first Mondays in December, April and August, and may continue in session until the business is disposed of. That for judicial purposes the county of Edwards shall be attached to the county of Kerr, the county of Kimball to the county of Gillespie, and the county of Menard to the county of Mason.”</p>
<p>Sec. 2. That the thirty-third section of the above recited act be, and the same is hereby amended so as to read as follows: “That the district courts of the Thirty-second Judicial District shall be holden at the times hereinafter specified, to-wit: In the county of Williamson on the first Mondays in November, March and July, and may continue in session four weeks; in the county of Burnet on the first Mondays in December, April and August, and may con<pc force="weak">-</pc><lb break="no" />tinue in session two weeks; in the county of Llano on the third Mondays in December, April and August, and may continue in session one week; in the county of San Saba on the fourth Mon<pc force="weak">-</pc><lb break="no" />days in December, April and August, and may continue in session one week; in the county of Brown on the first Mondays in Jan<pc force="weak">-</pc><lb break="no" />uary, May and September, and may continue in session one week; in the county of Lampasas on the second Mondays in January, March and September, and may continue in session until the busi<pc force="weak">-</pc><lb break="no" />ness is disposed of. That for judicial purposes the counties of Mc<pc force="weak">-</pc><lb break="no" />Culloch and Concho shall be attached to the county of San Saba.”</p>
<p>Sec. 3. That the thirty-fifth section of the above recited act be, and the same is hereby amended so as to read as follows: “That the District Courts of the Thirty-fourth Judicial District shall be holden at the times hereinafter specified, to-wit: In the county of Bell on the first Mondays in October, February and June, and may continue in session four weeks; in the county of Cory 11 on the first Mondays in November, March and July, and may continue in ses<pc force="weak">-</pc><lb break="no" />sion two weeks; in the county of Hamilton on the third Mondays in November, March and July, and may continue in session two weeks; in the county of Comanche on the first Mondays in Decem<pc force="weak">-</pc><lb break="no" />ber, April and August, and may continue in session one week; in the county of Erath on the second Mondays in December, April<pb n="912" ed="gammelslawsoftexas" /><pb ed="unknown" n="10" /><fw type="header" place="top">Laws of the State of Texas.</fw>and August, and may continue in session until the business is dis<pc force="weak">-</pc><lb break="no" />posed of. That for judicial purposes the counties of Coleman and Runnnels shall be attached to the county of Brown.”</p>
<p>Sec. 4. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 4, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XIV.</head>
<opener>
<salute>An Act to be entitled “An Act prescribing the times of holding the District Courts in the Seventh Judicial District in the State.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the district courts of the several counties in the Sev<pc force="weak">-</pc><lb break="no" />enth Judicial District in the State of Texas be holden at the times hereinafter prescribed as follows: “In the county of Titus, on the second Mondays in March, July and October, and may continue in session three weeks; in the county of Davis, on the third Mondays after the second Mondays in March, July and October, and May continue in session two weeks; in the county of Marion, on the fifth Mondays after the second Mondays in March, July and October, and may continue in session until the business of said court is dis<pc force="weak">-</pc><lb break="no" />posed of.”</p>
<p>Sec. 2. That this act be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 4, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XV.</head>
<opener>
<salute>An Act to authorize the County Court of Washington county to levy a special tax for building a jail at the county seat.</salute>
</opener>
<p>Whereas, On the second day of last December, the jail at the county seat of Washington county was destroyed by fire, and the said county is now without a jail; therefore,</p>
<pb n="913" ed="gammelslawsoftexas" /><pb ed="unknown" n="11" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the County Court of Washington county be and are hereby authorized to levy a special tax on all taxable property in said county, not to exceed forty cents on the one hundred dollars value of said property, for the purpose of building a good and sub<pc force="weak">-</pc><lb break="no" />stantial jail at the county seat of said county.</p>
<p>Sec. 2. That immediately after the passage of this act, the assessors and collector of Washington county shall proceed to as<pc force="weak">-</pc><lb break="no" />sess and collect said special tax, and shall be allowed the same rate of compensation allowed for the collection of other taxes, and shall give such bond as the county court may deem necessary.</p>
<p>Sec. 3. That the county court shall take immediate steps to secure the prompt assessment and collection of said tax, and for the speedy construction of said jail in said county.</p>
<p>Sec. 4. That this act take effect and be in full force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 4, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XVI.</head>
<opener>
<salute>An Act to amend “An Act to provide for districting the State of Texas into judicial districts,” approved July 2, 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Leyislature of the State of Texas as follows: That the twenty-sixth section of the above re<pc force="weak">-</pc><lb break="no" />cited act be so amended that the same shall hereafter read as fol<pc force="weak">-</pc><lb break="no" />lows: “The Twenty-sixth District shall be composed of the coun<pc force="weak">-</pc><lb break="no" />ties of Blanco, Gillespie, Kendall, Kerr and Mason, and the fol<pc force="weak">-</pc><lb break="no" />lowing unorganized counties shall be attached to this district for judicial purposes, viz: Menard, Edwards and Kimball.”</p>
<p>Sec. 2. That the thirty-second section of the above recited act be, and the same is hereby amended so as to read as follows: “The Thirty-second District shall be composed of the counties of Wil<pc force="weak">-</pc><lb break="no" />liamson, Burnet, Llano, San Saba, Brown and Lampasas, and the following unorganized counties shall be attached to this district for judicial purposes, viz: McCulloch and Concho.”</p>
<p>Sec. 3. That the thirty-fourth section of the above recited act be, and the same is hereby amended so as to read as follows: “The Thirty-fourth District shall be composed of the counties of Bell, Coryell, Hamilton, Comanche and Erath, and the following unor<pc force="weak">-</pc><lb break="no" /><pb n="914" ed="gammelslawsoftexas" /><pb ed="unknown" n="12" /><fw type="header" place="top">Laws of the State of Texas.</fw>ganized counties shall be attached to this dictrict for judicial pur<pc force="weak">-</pc><lb break="no" />poses, viz: Coleman and Runnels.”</p>
<p>Sec. 4. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 8, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XVII.</head>
<opener>
<salute>An Act making an appropriation for the per diem pay of the mem<pc force="weak">-</pc><lb break="no" />bers, and the per diem pay of the officers and employes of the Twelfth Legislature of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the Treasury, not otherwise appropriated, for the per diem pay of members, and the per diem pay of officers and employes of the first session of the Twelfth Legislature of the State of Texas.</p>
<p>Sec. 2. That the certificate of the Secretary of the Senate, approved by the President thereof, or the certificate of the Chief Clerk of the House, approved by the Speaker thereof, shall be suf<pc force="weak">-</pc><lb break="no" />ficient evidence to the Comptroller, upon which he shall audit the claims, and draw his warrants upon the Treasurer for the respective amounts; and that this act shall take effect from its passage.</p>
<closer>
<dateline>Approved <date>March 13, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XVIII.</head>
<opener>
<salute>An Act permanently locating the county seat of Refugio county at the town of Rockport.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the county seat of Refugio county be, and the same is hereby removed from the Mission Refugio, to the town of Rockport in said county, and permanently located there.</p>
<p>Sec. 2. That the county court of said county shall immedi<pc force="weak">-</pc><lb break="no" />ately provide a suitable building or buildings for the use of the offi<pc force="weak">-</pc><lb break="no" />cers and courts of the county, to which the records of the county<pb n="915" ed="gammelslawsoftexas" /><pb ed="unknown" n="13" /><fw type="header" place="top">Laws of the State of Texas.</fw>shall be forthwith removed by the proper officers having charge of them and shall keep their offices at said town of Rockport as in other cases made and provided.</p>
<p>Sec. 3. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 15, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XIX.</head>
<opener>
<salute>An Act to authorize the County Court of Hays county to levy and collect a special tax for the completion of a court house.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the county court of Hays county be and is hereby authorized to levy a special tax for the year 1871, in addition to the county tax now authorized by law, upon the taxable property of said county, not to exceed eighty cents on the hundred dollars of valuation, which tax shall be levied, collected and returned the same as other county taxes; and, when collected, shall be applied for the completion of a court house in said county, and for no other purpose.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 15, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XX.</head>
<opener>
<salute>An Act to be entitled “An Act for the employment of a clerk in the pension bureau of the Comptroller’s office.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Comptroller of Public Accounts be and he is hereby authorized to employ a clerk for such time as may be neces<pc force="weak">-</pc><lb break="no" />sary to attend to the duties of said bureau.</p>
<pb n="916" ed="gammelslawsoftexas" /><pb ed="unknown" n="14" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 2. Be it further enacted, That the sum of fifteen hundred dollars per annum be and the same is hereby appropriated out of any money in the Treasury, not otherwise appropriated, for the payment of said clerk.</p>
<p>Sec. 3. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 22, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXI.</head>
<opener>
<salute>An Act to authorize and require the Governor to lease the State penitentiary, together with the labor of the convicts therein.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor is hereby authorized and required to lease the State penitentiary, by public advertisement, for a term of not less than ten, nor more than fifteen years, upon the conditions and with the limitations hereinafter named. The penitentiary shall con<pc force="weak">-</pc><lb break="no" />tinue to be managed according to the present or future laws of the State, subject only to such modifications as are contained in this act, for the period for which the lease herein authorized to be made shall continue in force; that the lessee or lessees shall have the right to direct what particular kind of labor the convicts shall be employed in. The lessee or lessees shall furnish everything that is necessary for the support and maintenance of the penitentiary. Said lessee or lessees shall also keep the buildings in good repair, and may construct such additional buildings and cells as, in the opinion of the directors and lessee, may be necessary for the proper accommodation of the employes and convicts; and said lessee or lessees and inspector may, with the approval of the directors, erect such other walls and buildings, and make such changes and altera<pc force="weak">-</pc><lb break="no" />tions in the present machinery, as may be deemed necessary for the profitable employment of the labor of the convicts. The lessee or lessees shall have the use of all land, buildings and machinery, tools and other property which are destined or used for the labor of the convicts, and shall have the control and direction of the labor of the convicts, subject only to the laws of the State, enacted for the gov<pc force="weak">-</pc><lb break="no" />ernment and police of the penitentiary. They shall have the right to introduce into the penitentiary such skilled labor as they may<pb n="917" ed="gammelslawsoftexas" /><pb ed="unknown" n="15" /><fw type="header" place="top">Laws of the State of Texas.</fw>think necessary, to direct the labor of the convicts, and give effi<pc force="weak">-</pc><lb break="no" />ciency thereto. An inventory and valuation of all the materials, machinery, and property of every description now belonging to the penitentiary, except the land, shall be made by appraisers, one of whom shall be appointed by the Governor, and the other by the lessee or lessees, with the right on the part of said appraisers, to appoint an umpire, in case they cannot agree, which property shall be receipted for by the lessee or lessees, at the valuation. At the expiration of the lease, a like inventory and valuation shall be made of all the materials, machinery and property of every description then in use at the penitentiary, including all new walls, buildings, and cells that may have been constructed by the lessee or lessees, under the sanction of the directors. At the expiration of the lease, the lessee or lessees shall be bound to have all the walls, buildings and machinery in good repairs, and shall deliver them to the State in that condition; and the State shall be bound to pay them what<pc force="weak">-</pc><lb break="no" />ever excess there may be in the valuation of the materials, machin<pc force="weak">-</pc><lb break="no" />ery, and any money the State may have advanced to buy maehiney and property including any new walls, buildings and cells erected by them, which they may deliver to the State, over and above the value of the property and money to buy machinery, received of the State at the commencement of or during their lease. What<pc force="weak">-</pc><lb break="no" />ever amount said lessee or lessees may agree to pay the State for said lease shall be promptly paid, according to the terms of their agree<pc force="weak">-</pc><lb break="no" />ment. The lessee or lessees shall b required to execute and de<pc force="weak">-</pc><lb break="no" />liver to the Governor a bond, with security to be approved by him, payable to the State of Texas, in the sum of not less than fifty thousand nor more than one hundred thousand dollars, conditioned for the faithful compliance by said lessee or lessees with the terms of his or their lease.</p>
<p>Sec. 2. That during the lease herein provided for, there shall be a board of three directors appointed in accordance with existing laws, who shall be paid the salaries now provided by law for such officers, and who shall perform all duties now incumbent on them, and exercise all powers now belonging to them by virtue of exist<pc force="weak">-</pc><lb break="no" />ing laws, except as the same are modified by the provisions of this act. Said board of directors shall appoint a physician and chap<pc force="weak">-</pc><lb break="no" />lain for the pentenitary, who shall receive the salaries now provided by law for said officers.</p>
<p>Sec. 3. There shall be an officer, to be styled the Inspector of the Penitentiary, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose duty it shall be constantly to supervise the management of the penitentiary, and the treatment and discipline of the convicts therein, by the lessee or les<pc force="weak">-</pc><lb break="no" /><pb n="918" ed="gammelslawsoftexas" /><pb ed="unknown" n="16" /><fw type="header" place="top">Laws of the State of Texas.</fw>sees of the penitentiary, and at the end of each month to submit to the Governor a report in writing showing the management of the penitentiary and the character of the treatment and discipline of the convicts therein by the lessee or lessees. The inspector shall have power and the right to enter the penitentiary, or any part thereof, at all times, by day or by night. Said inspector shall be paid an annual salary of two thousand dollars for his services.</p>
<p>Sec. 4. That the salaries due the directors, inspector, physician, and chaplain of the penitentiary shall be paid in monthly install<pc force="weak">-</pc><lb break="no" />ments by the lessee or lessees.</p>
<p>Sec. 5. No other officers, agents or employes than those ex<pc force="weak">-</pc><lb break="no" />pressly provided for by this act shall be appointed on the part of the State, during the period for which the lease herein authorized shall continue in force.</p>
<p>Sec. 6. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 22, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXII.</head>
<opener>
<salute>An Act supplementary to “An Act to regulate the disposal of the public lands of the State of Texas,” approved August 12, A. D. 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That any person who has occupied any portion of the public do<pc force="weak">-</pc><lb break="no" />main, not exceeding 160 acres, in good faith, under any of the pre<pc force="weak">-</pc><lb break="no" />emption laws of this State, for three years or longer, shall be en<pc force="weak">-</pc><lb break="no" />titled to the same as a homestead, and upon complying with the requirements of section second of the act approved August 12, 1870, to regulate the disposal of the public lands of this State, (except as to future residents,) shall be entitled to a patent there<pc force="weak">-</pc><lb break="no" />for which shall issue, at once; provided, that all persons who have been forced to abandon their homesteads as pre-emptors, and shall within one year after the passage of this act return to their lands and complete the occupancy of the same for the time specified by law, shall be entitled to all the benefits and privileges conferred by this act.</p>
<p>Sec. 2. When the original occupant is dead, the patent shall in like manner issue to his heirs,on application of the surviving widow, any heirs or legal representatives. And when the original occupant,<pb n="919" ed="gammelslawsoftexas" /><pb ed="unknown" n="17" /><fw type="header" place="top">Laws of the State of Texas.</fw>after having resided on the land for three years, has by deed, duly authenticated, sold his interest to another party, the patent may in like manner, and upon like application, issue to said assignee.</p>
<p>Sec. 3. This act shall take effect from its passage.</p>
<closer>
<dateline>Approved <date>March 24, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXIII.</head>
<opener>
<salute>An Act changing the eastern boundary of Johnson county.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That that part of Ellis county west of a line beginning at the southeast corner of Johnson county, running thence north to the southern boundary of Tarrant county, be and the same is hereby annexed to Johnson county.</p>
<p>Sec. 2. That all laws and parts of laws conflicting with this act be and the same are hereby repealed.</p>
<p>Sec. 3. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 25, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXIV.</head>
<opener>
<salute>An Act for the permanent location of the county seat of Van Zandt county, and designating the boundary lines of the same.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the county seat of Van Zandt county be permanently located at the town of Canton, in said county.</p>
<p>Sec. 2. That the boundary lines of said county be and remain as now fixed by law.</p>
<p>Sec. 3. That this act take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>March 25, 1871</date>.</dateline>
</closer>
</div3>
<pb n="920" ed="gammelslawsoftexas" /><pb ed="unknown" n="18" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER XXV.</head>
<opener>
<salute>An Act to amend an act entitled “An Act to create the county of Delta,” passed July 29, 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That section one of an act entitled “An act to create the county of Delta,” passed July 29, 1870, be so amended as to read hereafter as follows, to-wit: “That all the territory comprised in the following limits, to-wit: Beginning in the county of Hopkins, at a point at the centre of the confluence of the north and south prongs of Sulphur creek; thence, with the meanderings of said south prong of said Sulphur creek, to a point where the centre of the stream of said south prong of said Sulphur creek intersects the east boundary line of Hunt county; thence north and with the east boundary lines of Hunt and Fannin counties to a point where the said east boundary line of Fannin county crosses the centre of the stream of the north prong of said Sulphur creek; thence, following the meanderings of said north prong of said Sulphur creek, through Lamar county to a point where the centre of the stream of said north prong of said Sulphur creek crosses the south boundary line of Lamar county; thence east and with said boundary line of Lamar county to the southeast corner of Lamar county; thence south and with the east boundary line of Hopkins county to the place of beginning, be and the same is hereby created a new county, to be called the county of Delta.”</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 31, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXVI.</head>
<opener>
<salute>An Act giving the consent of the Legislature of the State of Texas to the purchase by the United States of land within this State for public purposes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the consent of the Legislature of the State of Texas be and the same is herby given to the purchase, by the Government<pb n="921" ed="gammelslawsoftexas" /><pb ed="unknown" n="19" /><fw type="header" place="top">Laws of the State of Texas.</fw>of the United States, or under the authority of the same, of any tract, piece or parcel of land, from any individual or individuals, bodies politic or corporate, within the boundaries or limits of the State, for the purpose of erecting therein light houses and other needful public buildings whatever; and all deeds, conveyances of title papers for the same shall be recorded, as in other cases, upon the land records of the county in which the land so conveyed may lie; and in like manner may be recorded a sufficient description, by metes and bounds, courses and distances of any tract or tracts, legal divisions of any public land belonging to the United States, which may be set apart by the General Government for any or either of the purposes before mentioned, by any order, patent or other of<pc force="weak">-</pc><lb break="no" />ficial document or papers so describing such land. The consent herein and hereby given being in accordance with the seventeenth clause of the eighth section of the first article of the Constitution of the United States, and with the acts of Congress in such cases made and provided.</p>
<p>Sec. 2. The lots, parcels or tracts of land so selected, together with the tenements and appurtenances for the purposes before men<pc force="weak">-</pc><lb break="no" />tion, shall be held exempt from taxation by the State of Texas.</p>
<p>Sec. 3. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 4, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXVII.</head>
<opener>
<salute>An Act amendatory of “An Act to be entitled ‘An Act to amend an act prescribing the times of holding the District Courts in the several Judicial Districts in the State,’ approved August 10, 1870,” approved March 4, 1871.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the second section of the above recited act, be, and the same is hereby amended so as to read as follows: “That the thirty<pc force="weak">-</pc><lb break="no" />third section of the above recited act, be and the same is hereby amended so as to read as follows: That the district courts of the Thirty-second Judicial District shall be holden at the times herein<pc force="weak">-</pc><lb break="no" />after specified, to-wit: In the county of Williamson, on the first Mondays in November, March and July, and may continue in ses<pc force="weak">-</pc><lb break="no" />sion four weeks; in the county of Burnett, on the first Mondays in<pb n="922" ed="gammelslawsoftexas" /><pb ed="unknown" n="20" /><fw type="header" place="top">Laws of the State of Texas.</fw>December, April and August, and may continue in session two weeks; in the county of Llano on the third Mondays in December, April and August, and may continue in session one week; in the county of San Saba, on the fourth Mondays in December, April and August, and may continue in session one week; in the county of Brown on the first Mondays in January, May and September, and may continue in session one week; in the county of Lampasas on the second Mondays in January, May and September, and may continue in session until the business is disposed of. That for judi<pc force="weak">-</pc><lb break="no" />cial purposes the counties of McCulloch and Concho shall be at<pc force="weak">-</pc><lb break="no" />tached to the county of San Saba, and the counties of Coleman and Runnels to the county of Brown.”</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 4; 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXVIII.</head>
<opener>
<salute>An Act to provide for the employment of private clerks for the judges of the Supreme Court.</salute>
</opener>
<p>Whereas, The number of the judges of the Supreme Court is fixed by the Constitution at three; and it is found that more labor is required of the court than can without oppression be performed by so limited a number of judges, and it is learned that it may ma<pc force="weak">-</pc><lb break="no" />terially aid the judges of said court in the proper discharge of their duties, to be allowed the assistance of private clerks, wherefore:</p>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That each of the judges of the Supreme Court shall be al<pc force="weak">-</pc><lb break="no" />lowed to employ one private clerk to assist him in such manner as he may direct, at a salary of not more than twelve hundred dollars per annum, to be paid monthly out of such money as may be ap<pc force="weak">-</pc><lb break="no" />propriated by law for that purpose.</p>
<p>Sec. 2. Each of said clerks of the Supreme Judges, shall upon producing the certificates of the judge by whom he is employed to the Comptroller of Public Accounts, be entitled to have a warrant upon the State Treasurer, drawn in his favor for the amount of his monthly pay at the end of each and every month, or in case of his being discharged at any time, for so much money as may be due him; provided that said certificate of said judge of the Supreme Court shall set forth that the said clerk has been employed by him, and that he has discharged his duties to the satisfaction of the judge<pb n="923" ed="gammelslawsoftexas" /><pb ed="unknown" n="21" /><fw type="header" place="top">Laws of the State of Texas.</fw>employing him. Any one of the clerks herein provided for, may be discharged at any time by the judge who employs him, whenever he shall have failed to give satisfaction in the discharge of his duties.</p>
<p>Sec. 3. The sum of seven thousand one hundred and twenty<pc force="weak">-</pc><lb break="no" />five dollars is hereby appropriated for the payment of the salaries of the clerks herein provided for, from and after the passage of this act, until the first day of September, eighteen hundred and seventy<pc force="weak">-</pc><lb break="no" />two.</p>
<p>Sec. 4. This act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 5, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXIX.</head>
<opener>
<salute>An Act to provide for the release of children or other persons, citi<pc force="weak">-</pc><lb break="no" />zens of the State of Texas, who are, have been, or may hereafter be held as captives by the Indians.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of five thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any funds now in the Treasury not otherwise appropriated, to be used by the Governor, under such rules as he may prescribe, in procuring the release of children or other persons, citizens of this State, who are now, have been, or may hereafter be held as captives by the In<pc force="weak">-</pc><lb break="no" />dians.</p>
<p>Sec. 2. That this act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 5, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXX.</head>
<opener>
<salute>An Act for the permanent location of the county site of Hamilton county.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the county site of Hamilton connty be and it is hereby de<pc force="weak">-</pc><lb break="no" />clared permanently located.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 5, 1871</date>.</dateline>
</closer>
</div3>
<pb n="924" ed="gammelslawsoftexas" /><pb ed="unknown" n="22" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER XXXI.</head>
<opener>
<salute>An Act to authorize the County Court of Titus county to issue in<pc force="weak">-</pc><lb break="no" />terest-bearing bonds, and to levy a tax to pay the same.</salute>
</opener>
<p>Whereas, The county of Titus is without a court house or jail, and the tax authorized by laws to be levied by the county court is inadequate to the paying of the current expenses of said county, and to erect the public buildings aforesaid; therefore,</p>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the County Court of Titus county be, and they are hereby authorized to issue bonds for the sum of fifteen thousand dollars, bearing interest at ten per cent. per annum, payable in one, two and three years; said bonds to be issued in such sums as said court may determine, and that said bonds when issued shall not be sold or used at less than their par value.</p>
<p>Sec. 2. That the County Court of said Titus county be and they are hereby authorized to levy and collect, annually, on all property in said county, real, personal and mixed, an ad valorem tax, not to exceed one-half of one per cent., and a capitation tax of one dollar on all male citizens over the age of twenty-one years.</p>
<p>Sec. 3. That the taxes authorized to be levied in section two of this act, when collected, shall be paid to the Treasurer of the county, and shall be appropriated to the building of a court house and jail, and the paying off the bonds authorized to be issued in sec<pc force="weak">-</pc><lb break="no" />tion one hereof.</p>
<p>Sec. 4. That this act take effect and be in force from and after its passage.</p>
<p>The foregoing act, received in the office of Secretary of State April twenty-two, one thousand eight hundred and seventy-one, having been presented to the Governor of Texas for his approval, and not having been returned by him to the house in which it or<pc force="weak">-</pc><lb break="no" />iginated within the time prescribed by the Constitution, has be<pc force="weak">-</pc><lb break="no" />come a law without his approval.</p>
<closer>
<signed>JAMES P. NEWCOMB, <lb/>Secretary of State.</signed>
</closer>
</div3>
<pb n="925" ed="gammelslawsoftexas" /><pb ed="unknown" n="23" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER XXXII.</head>
<opener>
<salute>An Act to amend an Act entitled “An Act to provide for the en<pc force="weak">-</pc><lb break="no" />rollment of the militia, the organization and discipline of the State Guards, and for the public defense,” approved June 24, 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the twenty-first section of the act to which this is an amendment, shall hereafter read as follows: “Section 21. All fines, forfeitures and assessments of money imposed by this and other laws of the State, by way of punishment for violation of laws governing the State Guard and Reserve Militia, and all fines, forfeitures and assessments of money imposed upon the people, or any part of the people of any county or counties of this State, under the provisions of sections twenty-six and twenty-seven of the act to which this is an amendment, may be applied to the payment of the State Guard or Reserve Militia, when called into the field under said sections twenty-six and twenty-seven, or according to the necessity of the case, may be paid into the Treasury of the State as a fund for aid<pc force="weak">-</pc><lb break="no" />ing in the armament, uniforming, equipment and mounting the State Guard, and when so paid into the Treasury the same may be paid out, under the direction of the Governor, for these purposes.”</p>
<p>Sec. 2. That section twenty-two of the said act shall hereafter read as follows: “Section 22. All persons liable to serve in the Reserve Militia of the State may avoid such service by paying to the officer duly authorized to receive the same, the sum of five dollars, but this payment shall be made at such time in each year, and to such officer as may be directed by the Governor, and the same shall be, by the officer collecting the same, paid into the Treasury of the State, under the direction of the Governor, to be used, under the direction of the Governor, for the purposes desig<pc force="weak">-</pc><lb break="no" />nated in section twenty-one. The Governor shall also prescribe all necessary regulations for collecting this tax, and all fines, forfeit<pc force="weak">-</pc><lb break="no" />ures and assessments provided by the laws governing the State Guards and Reserve Militia.”</p>
<p>Sec. 3. The fourth day of July in each year shall be a general muster day of the Reserve Militia and State Guards of the county, and said general muster shall be held at or near the county seat of the county.</p>
<p>Sec. 4. The musters of the Reserve Militia for the purpose of enrollment or discipline, shall be held only in the respective pre<pc force="weak">-</pc><lb break="no" /><pb n="926" ed="gammelslawsoftexas" /><pb ed="unknown" n="24" /><fw type="header" place="top">Laws of the State of Texas.</fw>ducts of the county, at such times as may be designated by the Governor, not to exceed four days in any one year; provided, that this section shall not be considered as applicable to the State Guard, but the drill and muster of those troops shall remain as provided for under the law to which this is an amendment.</p>
<p>Sec. 5. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 12, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXXIII.</head>
<opener>
<salute>An Act making an appropriation for the payment of the salaries of the officers of the State Penitentiary now unpaid, and for other purposes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of fifteen thousand dollars, or so much there<pc force="weak">-</pc><lb break="no" />of as may be necessary, be and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the payment of the salaries of the officers of the State Penitentiary, now unpaid, and for the payment of cotton, wool and material purchased by the financial agent of said penitentiary. And be it further enacted, That said financial agent is hereby authorized to make his requisition upon the Comptroller, for such amounts as may be necessary, not exceeding the sum of fifteen thousand dol<pc force="weak">-</pc><lb break="no" />lars, and the Comptroller is hereby authorized to draw his warrant upon the Treasurer, for the amounts required, who is hereby re<pc force="weak">-</pc><lb break="no" />quired to pay the same.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 12, 1871</date>.</dateline>
</closer>
</div3>
<pb n="927" ed="gammelslawsoftexas" /><pb ed="unknown" n="25" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER XXXIV.</head>
<opener>
<salute>An Act to regulate the keeping and beariing of deadly weapons.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That any person carrying on or about his person, saddle, or in his saddle bags, any pistol, dirk, dagger, slung-shot, sword-cane, spear, brass-knuckles, bowie-knife, or any other kind of knife manu<pc force="weak">-</pc><lb break="no" />factured or sold for the purposes of offense or defense, unless he has reasonable grounds for fearing an unlawful attack on his person, and that such ground of attack shall be immediate and pressing; or unless having or carrying the same on or about his person for the lawful defense of the State, as a militiaman in actual service, or as a peace officer or policeman, shall be guilty of a misdemeanor, and, on conviction thereof shall, for the first offense, be punished by fine of not less than twenty-five nor more than one hundred dol<pc force="weak">-</pc><lb break="no" />lars, and shall forfeit to the county the weapon or weapons so found on or about his person; and for every subsequent offense may, in ad<pc force="weak">-</pc><lb break="no" />dition to such fine and forfeiture, be imprisoned in the county jail for a term not exceeding sixty days; and in every case of fine under this section the fines imposed and collected shall go into the treas<pc force="weak">-</pc><lb break="no" />ury of the county in which they may have been imposed; provided, that this section shall not be so construed as to prohibit any person from keeping or bearing arms on his or her own premises, or at his or her own place of business, nor to prohibit sheriffs or other reve<pc force="weak">-</pc><lb break="no" />nue officers, and other civil officers, from keeping or bearing arms while engaged in the discharge of their official duties, nor to pro<pc force="weak">-</pc><lb break="no" />hibit persons traveling in the State from keeping or carrying arms with their baggage; provided, further, that members of the Legisla<pc force="weak">-</pc><lb break="no" />ture shall not be included under the term “civil officers” as used in this act.</p>
<p>Sec. 2. Any person charged under the first section of this act, who may offer to prove, by way of defense, that he was in danger of an attack on his person, or unlawful interference with his property, shall be required to show that such danger was immediate and press<pc force="weak">-</pc><lb break="no" />ing, and was of such a nature as to alarm a person of ordinary courage; and that the weapon so carried was borne openly and not concealed beneath the clothing; and if it shall appear that this dan<pc force="weak">-</pc><lb break="no" />ger had its origin in a difficulty first commenced by the accused, it shall not be considered as a legal defense.</p>
<p>Sec. 3. If any person shall go into any church or religious assembly, any school room, or other place where persons are assem<pc force="weak">-</pc><lb break="no" /><pb n="928" ed="gammelslawsoftexas" /><pb ed="unknown" n="26" /><fw type="header" place="top">Laws of the State of Texas.</fw>bled for amusement or for educational or scientific purposes, or into any circus, show, or public exhibition of any kind, or into a ball room, social party, or social gathering, or to any election precinct on the day or days of any election, where any portion of the people of this State are collected to vote at any election, or to any other place where people may be assembled to muster, or to perform any other public duty, (except as may be required or permitted by law,) or to any other public assembly, and shall have or carry about his person a pistol or other firearm, dirk, dagger, slung shot, sword cane, spear, brass-knuckles, bowie-knife, or any other kind of knife manufactured and sold for the purposes of offense and defense, un<pc force="weak">-</pc><lb break="no" />less an officer of the peace, he shall be guilty of a misdemeanor, and, on conviction thereof, shall, for the first offense, be punished by fine of not less than fifty, nor more than five hundred dollars, and shall forfeit to the county the weapon or weapons so found on his person; and for every subsequent offense may, in addition to such fine and forfeiture, be imprisoned in the county jail for a term not more than ninety days.</p>
<p>Sec. 4. This act shall not apply to, nor be enforced in any county of the State, which may be designated, in a proclamation of the Governor, as a frontier county, and liable to incursions of hos<pc force="weak">-</pc><lb break="no" />tile Indians.</p>
<p>Sec. 5. All fines collected under the provisions of this act shall be paid into the treasury of the county, and appropriated exclu<pc force="weak">-</pc><lb break="no" />sively to the keeping in repair and maintenance of public roads, and all weapons forfeited to the county under the provisions of this act shall be sold as may be prescribed by the county court, and the pro<pc force="weak">-</pc><lb break="no" />ceeds appropriated to the same purpose.</p>
<p>Sec. 6. It shall be the duty of all sheriffs, constables, marshals, and their deputies, and all policemen, and other peace officers, to ar<pc force="weak">-</pc><lb break="no" />rest any person violating the first or third sections of this act, and to take such person immediately before a justice of the peace of the county where the offense is committed, or before a mayor or re<pc force="weak">-</pc><lb break="no" />corder of the town or city in which the offense is committed, who shall investigate and try the case without delay. On all such trials the accused shall have the right of a trial by jury, and of appeal to the district court; but, in case of appeal, the accused shall be re<pc force="weak">-</pc><lb break="no" />quired to give bond with two or more good and sufficient sureties in a sum of not less than one hundred nor more than two hundred dol<pc force="weak">-</pc><lb break="no" />lars, if convicted under the first section and in a sum of not less than two hundred nor more than one thousand dollars, if convicted under the third section of this act; said bond to be payable to the State of Texas, and approved by the magistrate, and conditioned that the defendant will abide the judgment of the district court that may<pb n="929" ed="gammelslawsoftexas" /><pb ed="unknown" n="27" /><fw type="header" place="top">Laws of the State of Texas.</fw>be rendered in the case; and in case of forfeiture the proceedings thereon shall be as is or may be prescribed by law in similar cases; and all moneys collected on any bond or judgment upon the same, shall be paid over and appropriated as provided in the fifth section of this act.</p>
<p>Sec. 7. Any officer named in the sixth section of this act who shall refuse or fail to arrest any person whom he is required to arrest by said section on his own information, or where knowledge is conveyed to him of any violation of the first or third sections of this act, shall be dismissed from his office on conviction in the district court, on indictment or information, or by such other pro<pc force="weak">-</pc><lb break="no" />ceedings or tribunal as may be provided by law, and in addition, shall be fined in any sum not exceeding five hundred dollars, at the discretion of the court or jury.</p>
<p>Sec. 8. That the district courts shall have concurrent jurisdic<pc force="weak">-</pc><lb break="no" />tion under this act; and it is hereby made the duty of the several judges of the district courts of this State to give this act especially in charge to the grand juries of their respective counties.</p>
<p>Sec. 9. It is hereby made the duty of the Governor to publish this act throughout the State; and this act shall take effect and be in force from and after the expiration of sixty days, after its pass<pc force="weak">-</pc><lb break="no" />age.</p>
<closer>
<dateline>Approved <date>April 12, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXXV.</head>
<opener>
<salute>An Act to authorize the County Court of Robertson county to levy and collect a special tax for the term of two years to build a court house and jail in the city of Calvert, the county seat of said county.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the County Court of Robertson county be and the same is hereby authorized to levy and collect annually, for the term of two years, a special ad valorem tax upon all property, real, per<pc force="weak">-</pc><lb break="no" />sonal and mixed, in said county, not to exceed one half of one per certum in addition to all general and special taxes now authorized to be levied and collected by law, which tax shall be levied and col<pc force="weak">-</pc><lb break="no" />lected the same as other taxes, and shall be appropriated and paid out solely for the purpose of building a substantial court house and jail at Calvert, the county seat of Robertson county, Texas.</p>
<p>Sec. 2. That this act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 12, 1871</date>.</dateline>
</closer>
</div3>
<pb n="930" ed="gammelslawsoftexas" /><pb ed="unknown" n="28" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER XXXVI.</head>
<opener>
<salute>An Act to authorize the clerks of the District Courts, and the Justices of the Peace of the several counties, to issue ex-cutions after the adjournment of each term of their respective courts, against the plaintiff or defendant for costs created by them in any suit therein.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State, of Texas, as follows: It shall be lawful for clerks of the district courts, and justices of the peace of the several counties in this State, to demand and receive from the plaintiff and the defendant, in each and every case pending in their respective courts, payment for all costs hereafter created by such party up to the adjournment of each term of said courts.</p>
<p>Sec. 2. Should any party, against whom costs have been taxed under the provisions of this act, fail or refuse to pay the same within ten days from the adjournment of the court, it shall be law<pc force="weak">-</pc><lb break="no" />ful for the clerk, or the justices of the peace, to make out a certified copy of the bill of costs then due, as herein provided for, and place the same in the hands of the sheriff or constable for collection; and such certified bill of costs shall have the force and effect of an execution.</p>
<p>Sec. 3. It shall be lawful for the sheriff or constable, upon de<pc force="weak">-</pc><lb break="no" />mand and failure to pay such bill of costs to levy the same upon a sufficient amount of the property of the person from whom the said costs may be due, to satisfy the same, and sell such property according to the laws governing sales under execution; provided, where such party is not a resident of the county where such suit is pe-ding, then payment of such costs may be demanded of his at<pc force="weak">-</pc><lb break="no" />torney of record.</p>
<p>Sec. 4. Neither the clerk nor the justice of the peace shall be allowed to charge any fee for making out such certified bill of costs, nor shall the sheriff or constable be allowed to charge any fee for collecting the same, unless he is compelled to make a levy, in which case he shall be allowed to charge and collect the same fees as are<pc force="weak">-</pc><lb break="no" />by law allowed for collecting money under other executions.</p>
<p>Sec. 5. All laws now in force applicable to executions shall apply to and control the certified bills of costs as herein provided for.</p>
<p>Sec. 6. This act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 12, 1871</date>.</dateline>
</closer>
</div3>
<pb n="931" ed="gammelslawsoftexas" /><pb ed="unknown" n="29" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER XXXVII.</head>
<opener>
<salute>An Act to authorize counties, cities and towns to aid in the con<pc force="weak">-</pc><lb break="no" />struction of railroads and other works of internal improve<pc force="weak">-</pc><lb break="no" />ment.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That whenever not less than fifty freeholders of any county shall petition the county court for an election, to take the opinion of the electors of such county on a proposition that said county shall aid in the construction of a railroad or other work of internal im<pc force="weak">-</pc><lb break="no" />provement, either by taking stock, making a loan or making a dona<pc force="weak">-</pc><lb break="no" />tion thereto, it shall be the duty of such county court, at a meeting which shall be called within twenty days after the presentation of the petition, to order an election to be held in not less than thirty nor more than forty days thereafter, to take the opinion of the elec<pc force="weak">-</pc><lb break="no" />tors of the county upon such proposition.</p>
<p>Sec. 2. The order of the court shall be entered on the minutes and shall state the time when and the place where the election shall be held, and how long it shall continue; and shall appoint three managers to conduct the election, and name the time when they shall make a return thereof to the court. The order shall also state, in clear and concise language, whether the proposition be to take stock, to make a loan, or to make a donation, and the amount of aid to be given and the particular road or work for which it is to be used. The said order shall be published for three weeks pre<pc force="weak">-</pc><lb break="no" />vious to the election, in some newspaper published in the county, if there be one, but if not, then by posting copies thereof at the court house and at two other public places in the county.</p>
<p>Sec. 3. If any of the managers fail to attend on the day named for such election, or if any of them fail or refuse to act, those who do attend shall fill any vacancies caused by such failure or refusal, and they shall have authority to appoint two clerks to assist at such election.</p>
<p>Sec. 4. The vote on the proposition shall be by [a] ballot, “for the proposition” or “against the proposition.” Every resident of the county who has a right to vote under the provisions of article six, section one, of the State Constitution, shall be allowed to vote upon the proposition, and a record shall be kept of the names of all persons who vote. The managers shall count the votes and make a statement of the result, to which there shall be attached an affidavit of the managers and clerks, that the election has been conducted ac<pc force="weak">-</pc><lb break="no" /><pb n="932" ed="gammelslawsoftexas" /><pb ed="unknown" n="30" /><fw type="header" place="top">Laws of the State of Texas.</fw>cording to law. And one of the managers shall, within three days after the election, make a return to the county court of the result of the election, with the ballots and record of the persons who voted.</p>
<p>Sec. 5. A special meeting of the county court shall be held on the first Monday after the return clay of such election when the court shall ascertain and record the result of the election, and if two-thirds of the qualified voters of the county shall have voted in favor of the proposition at such election, then it shall be the duty of the court to make such orders and adopt such regulations as will give practical effect to the proposition so voted for, and for that ob<pc force="weak">-</pc><lb break="no" />ject the court shall have power to issue county bonds to draw inter<pc force="weak">-</pc><lb break="no" />est not exceeding ten per cent. per annum. and to levy a tax upon all real and personal property situated in the county, not to exceed two per cent. on the assessed value of such property in any one year.</p>
<p>Sec. 6. All county bonds that may be issued in giving effect to such proposition, shall be signed by the presiding justice of the court and shall be attested by the clerk with the seal of the court. But no such bonds shall be issued until the court shall have first levied an annual tax upon all real and personal property situated in the county, which shall be sufficient to pay the annual interest, and not less than two per cent. annually of the principal of said bonds, besides the expenses of assessing and collecting the same, which levy shall continue in force until the whole amount of the principal and interest of said bonds shall have been fully paid; provided, that no bonds shall be issued or donation made under the provisions of this act except for such portions of the work in aid of which it is pro<pc force="weak">-</pc><lb break="no" />posed to issue bonds or make a donation, as shall have been com<pc force="weak">-</pc><lb break="no" />pleted at the time when the bonds are issued or donation made.</p>
<p>Sec. 7. It shall be the duty of the county court to cause all bonds issued by it under this act to be presented for registration in the office of the State Comptroller, and it shall be the duty of the Comptroller to register all such bonds so presented, and to endorse thereon in the following form: “The within bond is registered in the office of the Comptroller of the State of Texas,” and affix his official signature thereto.”</p>
<p>Sec. 8. All taxes levied under this act shall be applied solely to the objects for which they were levied, under the direction of the State Comptroller, as follows: First, to the payment of the expenses of assessing and collecting the same; second, to the payment of the annual interest of such bonds, and not less than two per cent. of the principal; and if there be any excess on hand, after making the above payments for the current year, it shall be used in the pur<pc force="weak">-</pc><lb break="no" />chase and cancellation of said bonds.</p>
<p>Sec. 9. All taxes levied under this act shall be assessed and<pb n="933" ed="gammelslawsoftexas" /><pb ed="unknown" n="31" /><fw type="header" place="top">Laws of the State of Texas.</fw>collected by the same officers whose duty it is to assess and collect the State tax, and they shall receive for their services one-fourth the rates of commission allowed for assessing and collecting the State tax. The said tax shall be assessed and collected in the same manner as the State tax, and the same remedies shall be used to enforce its collection that are provided by law to enforce the col<pc force="weak">-</pc><lb break="no" />lation of the State tax.</p>
<p>Sec. 10. The officer whose duty it is to collect the taxes levied under this act shall give a bond, with two or more sufficient sureties, to be approved by the State Comptroller, in a sum which shall be equal to double the estimated annual amount of said tax, which bond shall be payable to the State, and shall be conditioned for the faithful collection and payment of said tax into the State Treasury.</p>
<p>Sec. 11. It shall be the duty of the State Treasurer to receive all moneys collected under this act, and to keep separate accounts thereof, and to pay out the same on warrants drawn by the State Comptroller, who, with the Treasurer, are jointly charged with car<pc force="weak">-</pc><lb break="no" />rying into practical effect the purposes and objects of this act.</p>
<p>Sec. 12. Any county court may, from time to time, require from the State Comptroller a statement showing the condition of its accounts with the State, and the number and cost of bonds pur<pc force="weak">-</pc><lb break="no" />chased and canceled, which shall in all cases be reurned to the court, after being defaced by writing across the face of each bond the name of person from whom it was purchased, the date of can<pc force="weak">-</pc><lb break="no" />cellation, and the cost or amounts paid for the same and the num<pc force="weak">-</pc><lb break="no" />ber of coupons thereon.</p>
<p>Sec. 13. The collector of taxes levied under this act shall pay over to the State Treasurer, at the beginning of each and every month, all moneys he may have collected during the next preceding month, deducting his legal commissions on the amount so paid, and he shall, at each regular meeting of the county court, make a re<pc force="weak">-</pc><lb break="no" />port of his collections and payments to the State Treasurer since the next preceding term.</p>
<p>Sec. 14. If it shall be ascertained at any time that the tax which has been levied for the payment of county bonds issued un<pc force="weak">-</pc><lb break="no" />der the provisions of this act is insufficient to pay the annual inter<pc force="weak">-</pc><lb break="no" />est and two per cent. annually of the principal of such bonds, be<pc force="weak">-</pc><lb break="no" />sides the expenses of assessing and collecting such tax, it shall be the duty of the Comptroller to see that such additional tax is levied and collected as will be sufficient to make such payments, which levy shall be continued in force until the whole amount of the prin<pc force="weak">-</pc><lb break="no" />cipal and interest of said bonds shall have been fully paid.</p>
<p>Sec. 15. No county shall aid in the construction of any one rail<pc force="weak">-</pc><lb break="no" />road or work of internal improvement to an amount exceeding<pb n="934" ed="gammelslawsoftexas" /><pb ed="unknown" n="32" /><fw type="header" place="top">Laws of the State of Texas.</fw>ten per cent. of the assessed value of the real and personal property situated in the county, to be ascertained by reference to the latest assessment of said property for State taxes; and no county shall aid in the construction of any such works of internal improvement to an amount exceeding, in the aggregate at any one time, twenty per cent. on the assessed value of all the real and personal property situated in the county, to be ascertained in like manner.</p>
<p>Sec. 16. Any incorporated city or town in the State shall have the right to aid in the construction of railroads and other works of internal improvements, under the provisions of this act, and in case any one of them shall desire to do so, the petition shall be signed by not less than fifty freeholders residing in such city or town, and shall be presented to the mayor and aldermen of such city or town; provided, that any aid heretofore offered by towns or cities shall not be affected by this act. The mayor shall perform the same duties as the presiding justice; the mayor and aldermen, or common council, shall perform the same duties as the county court; the city or town clerk the same duties as the clerk of the county court; the city or town treasurer the same duties as the county treasurer; under the same limitations and provisions as are imposed upon the officers who, under this act, perform the same duties for the coun<pc force="weak">-</pc><lb break="no" />ties. And all residents of the city or town, who are entitled to vote under article six section one, of the State Constitution, shall be al<pc force="weak">-</pc><lb break="no" />lowed to vote on the proposition, as hereinbefore provided for in the case of a county; and all powers and duties imposed by this act, in regard to taxation and county bonds, upon the officers who are to act for counties, shall be exercised by the officers named in this sec<pc force="weak">-</pc><lb break="no" />tion to perform-similar duties for cities and towns, and under the same restrictions and limitations.</p>
<p>Sec. 17. This act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 12, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXXVIII.</head>
<opener>
<salute>An Act to amend section twelve of “An Act prescribing the times of holding the District Courts in the several judicial districts of the State of Texas,” approved August 10, 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the twelfth section of an act entitled “An act pre<pc force="weak">-</pc><lb break="no" /><pb n="935" ed="gammelslawsoftexas" /><pb ed="unknown" n="33" /><fw type="header" place="top">Laws of the State of Texas.</fw>scribing the times of holding the district courts in the several judi<pc force="weak">-</pc><lb break="no" />cial districts of the State,” approved August 10, 1870, shall be so amended as to read hereafter as follows: “Section 12. That the district courts of the Eleventh Judicial District shall be holden at the times hereinafter specified, to-wit: “In the county of Fannin, on the first Mondays in September, January and May, and may continue in session three weeks; in the county of Hopkins, on the fourth Mondays in September, January and May, and may continue in session three weeks; in the county of Hunt, on the third Mon<pc force="weak">-</pc><lb break="no" />days in October, February and June, and may continue in session three weeks; in the county of Collin, on the second Mondays in November, March and July, and may continue in session four weeks.”</p>
<p>Sec. 2. That this act shall take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>April 12, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XXXIX.</head>
<opener>
<salute>An Act supplemental to and amendatory of “An Act to provide for redistrieting the State of Texas into Judicial Districts,” approved July 2, A. D. 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the seventeenth section of the above recited act be, and the same is hereby amended so as to read as follows: “The Seventeenth District shall be composed of the counties of Goliad, Bee, Live Oak, Karnes and Wilson, and the following unorganized county shall be attached to this district for judicial purposes, viz: McMullen.”</p>
<p>Sec. 2. That the Twenty-fourth Judicial District shall be com<pc force="weak">-</pc><lb break="no" />posed of the counties of Medina, Bandera, Maverick, Uvalde and Atascosa, and the following unorganized counties shall be attached to this district for judicial purposes, viz: Frio, Zavala, Dimmitt and Kinney.</p>
<p>Sec. 3. That the Twenty-sixth Judicial District shall be com<pc force="weak">-</pc><lb break="no" />posed of the counties of Blanco, Gillespie, Kendall, Kerr and Co<pc force="weak">-</pc><lb break="no" />mal, and the following unorganized counties shall be attached to this district for judicial purposes, viz: Edwards and Kimball.</p>
<p>Sec. 4. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 12, 1871</date>.</dateline>
</closer>
</div3>
<pb n="936" ed="gammelslawsoftexas" /><pb ed="unknown" n="34" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER XL.</head>
<opener>
<salute>An Act providing for the transfer of certain causes pending in the District Court of Polk county from the county of Polk to the county of San Jacinto.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the clerk of the District Court of Polk county be and is hereby authorized, empowered and ordered to transmit to the clerk of the District Court of San Jacinto county all the original papers in all causes, including appeal causes, pending in the Dis<pc force="weak">-</pc><lb break="no" />trict Court of Polk county, of which the District Court of San Ja<pc force="weak">-</pc><lb break="no" />cinto county would have had jurisdiction had said county been or<pc force="weak">-</pc><lb break="no" />ganized at the date of the bringing of said causes.</p>
<p>Sec. 2. That the clerk of the District Court of said county of Polk be, and he is hereby ordered to make out a, true and correct copy, in a bound book, of all orders, decrees and judgments entered or rendered in the causes ordered to be transferred by the first sec<pc force="weak">-</pc><lb break="no" />tion of this act, and to deliver the same, within sixty days from the passage of this act, to the clerk of the District Court of San Jacinto county.</p>
<p>Sec. 3. That the clerk of the District Court of San Jacinto county shall receipt to the clerk of the District Court of Polk county for the original papers specified in the first section of this act, and file the same in his office, and the same shall be in his custody and charge as if they were originally brought in said Dis<pc force="weak">-</pc><lb break="no" />trict Court of San Jacinto county.</p>
<p>Sec. 4. That the clerk of the District Court of Polk county shall receive twenty (20) cents per hundred words for all copies of orders, decrees and judgments transcribed as provided in the second sec<pc force="weak">-</pc><lb break="no" />tion of this act, to be paid by the County Court of San Jacinto county.</p>
<p>Sec. 5. That all subsequent proceedings had in said causes transferred from the county of Polk to the county of San Jacinto, as provided in the first section of this act, shall be as binding upon the parties litigant as if said causes had been originally brought in said county of San Jacinto.</p>
<p>Sec. 6. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 13, 1871</date>.</dateline>
</closer>
</div3>
<pb n="937" ed="gammelslawsoftexas" /><pb ed="unknown" n="35" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER XLI.</head>
<opener>
<salute>All Act to amend an act entitled “An Act to organize the courts of justices of the peace and county courts, and to define their jurisdiction and duties,” approved August 13, 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That section thirty-eight, of an act entitled “An act to or<pc force="weak">-</pc><lb break="no" />ganize the courts of justices of the peace, and county courts, and to define their jurisdiction and duties,” approved August 13, 1870, be and is hereby repealed.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 14, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XLII.</head>
<opener>
<salute>An Act to provide for the more permanent preservation of the graves in the State Cemetery at Austin, Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the keeper of the State Cemetery be, and he is hereby authorized and instructed to procure and erect at the head of each grave now without a permanent monument, and at the head of each grave hereafter made in said cemetery without such permanent monument or mark an obelisk of marble, on which shall be en<pc force="weak">-</pc><lb break="no" />graved the appropriate inscription, each obelisk to be procured and erected at a cost not to exceed forty dollars.</p>
<p>Sec. 2. That the sum of one thousand dollars, or as much there<pc force="weak">-</pc><lb break="no" />of as may be necessary, be, and the same is hereby appropriated out of any money in the Treasury, not otherwise appropriated, for the payment of said obelisks, erected and inscribed as prescribed in the preceding section, and the Comptroller is hereby authorized to draw his warrant upon the Treasurer for that amount; provided, that he shall require, in auditing the accounts, each item and its costs fully stated.</p>
<p>Sec. 3. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 14, 1871</date>.</dateline>
</closer>
</div3>
<pb n="938" ed="gammelslawsoftexas" /><pb ed="unknown" n="36" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER XLIII.</head>
<opener>
<salute>An Act to amend an act entitled “An Act prescribing the times of holding the district courts in the several judicial districts in the State,” approved August 10, 1871.</salute>
</opener>
<p>[Section 1.] Be it enacted by the Legislature of the State of Texas, That section sixteen of an act entitled “An act prescribing the times of holding the district courts in the several judicial dis<pc force="weak">-</pc><lb break="no" />tricts of the State,” approved August 10, 1870, be amended to read as follows: “In the county of Webb, on the first Mondays in March, July and November, and may continue in session two weeks; in the county of Starr, on the third Mondays in March, July and Novem<pc force="weak">-</pc><lb break="no" />ber, and may continue in session two weeks; in the county of Hi<pc force="weak">-</pc><lb break="no" />dalgo, on the fourth Mondays after the first Mondays in March, July and November, and may continue in session one week; in the county of Cameron, on the fifth Mondays after the first Mondays in March, July and November, and may continue in session until the business is disposed of. That for judicial purposes the unorganized counties of Encinal and La Salle shall be attached to the county of Webb.”</p>
<p>[Sec. 2.] That this act take effect and be in force from and after the first of July, 1871.</p>
<closer>
<dateline>Approved <date>April 17, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XLIV.</head>
<opener>
<salute>An Act to provide for the establishment of the Agricultural and Mechanical College of Texas.</salute>
</opener>
<p>Whereas, the Congress of the United States, by an act passed July 2, 1862, donated one hundred and eighty thousand acres of land to each State for the purpose of building an agricultural and mechanical college, allowing five years for the completion of said college, and amended said act July 23, 1866, extending the time for such completion to July 23, 1871; and</p>
<pb n="939" ed="gammelslawsoftexas" /><pb ed="unknown" n="37" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Whereas, We recognize the importance of the establishment of said agricultural and mechanical college, and of securing to our State the land donated by the above cited act; therefore,</p>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That there be hereby established within this State an insti<pc force="weak">-</pc><lb break="no" />tution of learning, under the name and style of the Agricultural and Mechanical College of Texas, to be located at such place and in such manner as herein provided.</p>
<p>Sec. 2. The Governor shall within ten days after the passage of this act appoint three commissioners, whose duty it shall be, within thirty days after their appointment, to select a suitable place for the location of said agricultural and mechanical college; and the place so selected shall be the permanent location of said college. Said place shall contain at least twelve hundred and eighty acres of good land, which shall be owned by the college, fenced and used under the direction of the board of administrators; and the sum of seventy-five thousand dollars, or so much of the same as may be necessary, is hereby set apart and appropriated out of the school fund for the building of said college.</p>
<p>Sec. 3. So soon as the location of said agricultural and mechan<pc force="weak">-</pc><lb break="no" />ical college shall have been determined upon, it shall be the duty of the commissioners to proceed to the construction of the neces<pc force="weak">-</pc><lb break="no" />sary buildings, and for that purpose shall procure the services of a competent architect, who shall superintend the work. Such plan and design for the buildings shall be adopted as shall be consistent with the addition of wings or other structures thereafter, without marring the architectural beauty and fitness of the whole. There shall be constructed suitable buildings for the accommodation of the professors and their families. The contract for the building of said college shall require the performance of the work under ample security for its fitness and faithfulness, as well as completion by the 23d day of July, 1871.</p>
<p>Sec. 4. The expenditures for the construction of buildings, or for other purposes, shall be made under the order of the commis<pc force="weak">-</pc><lb break="no" />sioners hereinbefore named; and when money is required for the payment for the same, it shall be drawn upon the warrant of said commissioners upon the State Treasurer, who shall pay the same out of the school fund of the State.</p>
<p>Sec. 5. The control, management and supervision of said col<pc force="weak">-</pc><lb break="no" />lege, and the care and preservation of its property, shall be subject to the laws governing what is known as “An act to establish the University of Texas,” passed February 11, 1858, until otherwise directed by law.</p>
<pb n="940" ed="gammelslawsoftexas" /><pb ed="unknown" n="38" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 6. This act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 17, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XLV.</head>
<opener>
<salute>An Act supplemental to “An Act to provide for the release of chil<pc force="weak">-</pc><lb break="no" />dren, or other persons, citizens of the State of Texas, who are, have been, or may hereafter be held as captives by the Indians,” approved April 5, 1871.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor be and he is hereby authorized to ad<pc force="weak">-</pc><lb break="no" />vance the whole or any portion of the five thousand dollars, appro<pc force="weak">-</pc><lb break="no" />priated by the act to which this is a supplement, to such agent or agents as he may appoint and commission to carry out the objects and purposes of said act; and may at his discretion require the agent to whom advances are made to enter into bond, with security to be approved by the Governor and payable to the State of Texas, conditioned that he will properly apply the money so advanced to him and fully account for the same.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 17, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XLVI.</head>
<opener>
<salute>An Act to invest the principal of the perpetual school fund.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Comptroller of Public Accounts is hereby author<pc force="weak">-</pc><lb break="no" />ized and required to invest the principal of the perpetual school fund in United States bonds, from time to time, as rapidly as such perpetual school fund shall be received into the Treasury, or be col<pc force="weak">-</pc><lb break="no" />lected and placed at his disposal by the Governor of the State, and<pb n="941" ed="gammelslawsoftexas" /><pb ed="unknown" n="39" /><fw type="header" place="top">Laws of the State of Texas.</fw>the bonds of the United States in which it is so invested shall be immediately deposited by the Comptroller in the Treasury of the State.</p>
<p>Sec. 2. That the Comptroller under this act is not authorized to invest any part of the interest due or received from railroads on account of indebtedness to the school fund since the 30th day of March. 1870, or any part of the taxes collected since that date, and which, under the Constitution, are to be applied to the support of public schools, but all moneys received for such interest and taxes are to remain in the Treasury subject to appropriation for the sup<pc force="weak">-</pc><lb break="no" />port of public schools when the same are established.</p>
<p>Sec. 3. That this act shall take effect from and after its passage, and all laws or parts of laws in conflict therewith are hereby re<pc force="weak">-</pc><lb break="no" />pealed.</p>
<closer>
<dateline>Approved <date>April 17, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XLVII.</head>
<opener>
<salute>An Act to authorize the transmission of criminal process by tele<pc force="weak">-</pc><lb break="no" />graph, and for other purposes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That a warrant issued as required by law for the arrest of any person or persons charged with having committed an offense against the law of Texas, as defined by the Penal Code, may be forwarded by telegraph from any telegraph office in the State to another office in this State, and any sheriff, constable or policeman to whom the said warrant may be sent, shall, on receiving the same, proceed with it to the nearest magistrate, who shall endorse thereon in these words: “Let this warrant be executed in the county of................,” signed by the said magistrate, with the name of his office; provided, the said warrant is not issued or endorsed by a judge of the supreme or district court, in which case it shall be executed without further endorsement within the State of Texas.</p>
<p>Sec. 2. That an affidavit, in writing, stating that any person or persons have committed any crime known to the law of Texas, made before any judge of the supreme or district court, or magistrate, may be telegraphed as provided in section first, and any judge as named herein, or magistrate to whom the same shall come, shall issue his warrant for the arrest of the party or parties as named or<pb n="942" ed="gammelslawsoftexas" /><pb ed="unknown" n="40" /><fw type="header" place="top">Laws of the State of Texas.</fw>described in the affidavit; and when the party or parties are taken into custody, they shall be dealt with as provided in articles 225 and 226, Code of Criminal Procedure.</p>
<p>Sec. 3. The original warrant or affidavit, or a duplicate copy thereof, as provided for above, shall be deposited with the manager of the telegraph office from which the same is to be forwarded, and it shall be forwarded, taking precedence over other business, to the place of its destination, or to the office nearest thereto, precisely as it is written, including the certificate of the seal attached.</p>
<p>Sec. 4. When a warrant or affidavit is received at a telegraph office for delivery, it shall be delivered to the party to whom it is addressed as soon as practicable, written on the proper blanks of the telegraph company, and certified to by the manager of the office as being a true and correct copy of the warrant or affidavit as re<pc force="weak">-</pc><lb break="no" />ceived at his office.</p>
<p>Sec. 5. No manager of a telegraph office shall receive and for<pc force="weak">-</pc><lb break="no" />ward a warrant or affidavit, as herein provided, unless the same shall be certified to and under seal of a court of record, or a magis<pc force="weak">-</pc><lb break="no" />trate having a notarial seal, or when a magistrate has no such seal, the certificate of the clerk of the district court of the county, at<pc force="weak">-</pc><lb break="no" />tested by the seal of said court, that he is a legally qualified justice of the peace of the said county and State of Texas. Nor shall it be lawful for any judicial office to endorse a warrant, or to issue a warrant, on the faith of an affidavit received by telegraph, nor shall it be lawful for a sheriff, constable or policeman to execute a war<pc force="weak">-</pc><lb break="no" />rant received by telegraph, unless all the requirements of the fourth section and this one be fully complied with</p>
<p>Sec. 6. The party presenting a warrant or affidavit to the man<pc force="weak">-</pc><lb break="no" />ager of a telegraph office shall pay for the same in advance, unless by the rules of the company it may be sent “collect.”</p>
<p>Sec. 7. Any executive officer, director, superintendent, manager, operator, clerk, messenger or other party in the employ of a tele<pc force="weak">-</pc><lb break="no" />graph company, who shall divulge, or in any manner make known, except to the proper party, the contents of any warrant, affidavit or telegram relating to any crime already committed, or for the pre<pc force="weak">-</pc><lb break="no" />vention of the same, shall, upon conviction, be fined in a sum of not less than five hundred dollars, nor more than two thousand, or be imprisoned in the State penitentiary for a term of not less than two years, nor more than five.</p>
<p>Sec. 8. That this act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 17, 1871</date>.</dateline>
</closer>
</div3>
<pb n="943" ed="gammelslawsoftexas" /><pb ed="unknown" n="41" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div3 type="section">
<head type="main">CHAPTER XLVIII.</head>
<opener>
<salute>An Act to authorize the presiding justices of the several counties to perform certain acts for the benefit of idiots and insane persons.</salute>
</opener>
<p>Section 1. Be it enacted by the Leyislature of the State of Texas, That in all places in an act, entitled “An act to provide for the organization of the State Lunatic Asylum, and for the care and maintenance of the insane,” approved February 5, 1858, where du<pc force="weak">-</pc><lb break="no" />ties are prescribed to be performed by the chief justices, of the sev<pc force="weak">-</pc><lb break="no" />eral counties, the same shall be performed by the presiding justices of the several counties.</p>
<p>Sec. 2. That all acts done by the presiding justices of counties in the matter of sending persons to the State Lunatic Asylum, since the adoption of the Constitution now in force, be and the same are hereby validated.</p>
<p>Sec. 3. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 17, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER XLIX.</head>
<opener>
<salute>An Act to amend “An Act prescribing the times of holding the District Courts in the several Judicial Districts in the State,” approved August 10, 1870.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the second clause of section eleven of “An act prescrib<pc force="weak">-</pc><lb break="no" />ing the times of holding the district courts in the several judicial districts in the State,” approved August 10, 1870, and which sec<pc force="weak">-</pc><lb break="no" />ond clause of said section eleven is in the words and figures follow<pc force="weak">-</pc><lb break="no" />ing, to wit: “In the county of Kaufman, on the first Mondays in October, February and June, and may continue in session three weeks,” be and the same is hereby amended so as to read as fol<pc force="weak">-</pc><lb break="no" />lows: “In the county of Kaufman on the last Mondays in Septem<pc force="weak">-</pc><lb break="no" />ber, January and May, and may continue in session four weeks.”</p>
<pb n="944" ed="gammelslawsoftexas" /><pb ed="unknown" n="42" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 2. This act shall be so construed as to change the time of holding the district courts of the Tenth Judicial District, in and for the county of Kaufman, and no other county.</p>
<p>Sec. 3. That this act take effect and be in force in sixty days from the passage thereof.</p>
<closer>
<dateline>Approved <date>April 20, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER L.</head>
<opener>
<salute>An Act to authorize the city council of the city of New Braunfels to levy and collect a special tax.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the City Council of the city of blew Braunfels be and is hereby authorized to levy and collect annually a special ad va<pc force="weak">-</pc><lb break="no" />lorem tax upon all property within the carporation limits, real, per<pc force="weak">-</pc><lb break="no" />sonal and mixed, not exceeding twenty cents on each hundred dol<pc force="weak">-</pc><lb break="no" />lars’ worth, for and dining the term of four years from and after the first day of April, A. D. 1871, for the purpose of paying the indebtedness incurred by said city in the erection of a bridge across the Comal spring, and for the purpose of erecting a new bridge across said Comal spring.</p>
<p>Sec. 2. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 20, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER LI.</head>
<opener>
<salute>An Act for the protection of the growth of pecan timber.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas. That any person who shall cut or otherwise destroy a pecan tree on any land not his own, or without direct and specific author<pc force="weak">-</pc><lb break="no" />ity in writing from the owner, in any county, or the territory be<pc force="weak">-</pc><lb break="no" />longing to any county, shall be held guilty of a misdemeanor, and punished by a fine of not less than twenty-five, nor more than fifty<pb n="945" ed="gammelslawsoftexas" /><pb ed="unknown" n="43" /><fw type="header" place="top">Laws of the State of Texas.</fw>dollars, to be recovered before any justice of the peace, having juris<pc force="weak">-</pc><lb break="no" />diction of the same, for every offense; or in default of payment, shall be imprisoned in the county jail for not less than one month, nor more than two months, for each offense, with labor on the pub<pc force="weak">-</pc><lb break="no" />lic roads.</p>
<p>Sec. 2. That the fines to be collected under this act shall go, one half, to the informer, and the other half to the county treasurer, for county purposes.</p>
<p>Sec. 3. That the prosecution and conviction under this act shall not bar the right of the owner of the land, his agent or tenant, from proceeding in a civil suit against the offenders for the recovery of damages.</p>
<p>Sec. 4. That any person contracting for delivery of timber, and receiving pecan timber under such contract, shall be held in the same penalties as the party cutting the same, if the land on which such timber has been cut belongs to neither of the parties contracting.</p>
<p>Sec. 5. That this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 20, 1871</date>.</dateline>
</closer>
</div3>
<div3 type="section">
<head type="main">CHAPTER LII.</head>
<opener>
<salute>An Act to give effect to the several provisions of the Constitution concerning taxes.</salute>
</opener>
<div4 type="section">
<head type="main">The Taxes Levied.</head>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That each and all of the several provisions of the Constitu<pc force="weak">-</pc><lb break="no" />tion concerning taxes shall have force and effect according to their terms, and as hereinafter enacted, and that the following enumer<pc force="weak">-</pc><lb break="no" />ated anual taxes, for each successive year, including the present year, are levied and imposed, and are to be assessed, collected and applied as is hereby prescribed.</p>
</div4>
<div4 type="section">
<head type="main">The Poll Tax.</head>
<p>Sec. 2. An annual poll tax of one dollar on all male persons in this State between the ages of twenty-one and sixty years, for the benefit of the public schools.</p>
</div4>
<pb n="946" ed="gammelslawsoftexas" /><pb ed="unknown" n="44" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div4 type="section">
<head type="main">The Direct Ad Valorem State Tax.</head>
<p>Sec. 3. An annual direct ad valorem State tax of one-half of one per centum of the cash value thereof, estimated in lawful coin of the United States, on all real property situate and all personal property owned in this State, save so much thereof as is exempted from taxation by the laws of this State, or of the United States, one-fourth for the benefit of public schools, and three-fourths for the support of the State government, and for such other purposes as may be by law directed.</p>
</div4>
<div4 type="section">
<head type="main">The Direct Ad Valorem County Tax.</head>
<p>Sec. 4. An annual direct ad valorem county tax of one-half the above mentioned rate of taxation on all real property situate, and all personal property owned in each county in this State, save so much thereof as is exempted from taxation, as aforesaid, for the support of the several county organizations thereof, and for such other public purposes as the courts thereof may order. This tax, if deemed too large, may, before the collection thereof, be reduced to any specific less rate by order of the county court.</p>
</div4>
<div4 type="section">
<head type="main">The Direct Ad Valorem Road and Bridge Tax.</head>
<p>Sec. 5. An annual direct ad valorem tax of one-fourth of one per centum shall be levied on the value of all property subject to taxation thereby for public roads and bridges, to be applied by the county courts, subject to such regulations as the Legislature may prescribe. Also, an annual poll tax of not less than one dollar upon each and every male person over twenty-one years of age, for the same purpose, to be imposed at the discretion of each county court, respectively, any person thus taxed having the option of working upon said roads or bridges at the rate of one dollar per day.</p>
</div4>
<div4 type="section">
<head type="main">The Occupation Tax.</head>
<p>Sec. 6. There shall be levied on and collected from every person, firm or association of persons, pursuing any of the following named occupations, an annual tax (except when herein otherwise provided) on every such occupation or separate establishment, as follows: For selling spirituous, vinous, malt, and other intoxicating liquors, in quantities less than a quart, one hundred and fifty dollars; pro<pc force="weak">-</pc><lb break="no" />vided, that this section shall not be so construed as to include any wines or beer manufactured in this State. For every billiard, baga<pc force="weak">-</pc><lb break="no" /><pb n="947" ed="gammelslawsoftexas" /><pb ed="unknown" n="45" /><fw type="header" place="top">Laws of the State of Texas.</fw>telle, pigeon hole or Jenny Lind table, or anything of the kind used for pleasure or profit, twenty-five dollars; for every nine or ten-pin alley, within any incorporated city or town, used for profit, two hundred dollars; for every nine or ten-pin alley beyond the limits of any incorporated city or town, or county site, used for profit, one hundred dollars. For every foot peddler, ten dollars in each and every county; for every one horse peddler, or a peddler with one yoke of oxen, twenty five dollars in each and every county; for every peddler with two horses, or two yoke of oxen fifty dollars in each and every county in which he may pursue such occupation; provided, that nothing herein contained shall be so construed as to include traveling venders of fruits, or fruit trees, or goods or wares exclusively manufactured in this State. For every gift enterprise, five hundred dollars. For every theatre or dramatic representation, for which pay for admittance is demanded or received, for each rep<pc force="weak">-</pc><lb break="no" />resentation thereof, five dollars; provided, that theatrical or dra<pc force="weak">-</pc><lb break="no" />matic entertainments, given by amateur performers, or for charita<pc force="weak">-</pc><lb break="no" />ble purposes, shall not be herein included. For every circus where equestrian performances or acrobatic feats are exhibited, for which pay for admittance is demanded or received, for each performance thereof, notwithstanding more than one such may take place daily, twenty-five dollars. For every menagerie, wax-work, or exhibition of any kind, when a separate fee for admission is demanded or received, five dollars for every day on which fees for such admission are received. For every concert, where a fee for admittance is de<pc force="weak">-</pc><lb break="no" />manded or received, five dollars. Entertainments for charitable pur<pc force="weak">-</pc><lb break="no" />poses are exempted. For every hotel in any city or town of three thousand inhabitants or more, fifty dollars; in one of less than three thousand, and more than one thousand inhabitants, twenty-five dollars; and for all other hotels, fifteen dollars. For every cook-shop, eating house or boarding house, fifteen dollars; provided, that no house be considered a boarding house unless there are kept as many as four regular boarders at one time, exclusive of all school children; and provided further, that no house shall be considered a boarding house whose annual income is less than three hundred dollars For every livery stable in any city or town of five thousand inhabitants or more, fifty dollars; in one of less than five thousand and more than three thousand inhabi<pc force="weak">-</pc><lb break="no" />tants, twenty-five dollars; in one of less than three thousand and more than one thousand inhabitants, ten dollars; and for all other livery stables, five dollars. For every distillery, one hundred dollars. For every brewery, fifty dollars. From every wholesale merchant, an annual tax of one hundred and fifty dollars; from every first-class retail merchant, an annual tax of one hundred dollars;<pb n="948" ed="gammelslawsoftexas" /><pb ed="unknown" n="46" /><fw type="header" place="top">Laws of the State of Texas.</fw>from every second-class retail merchant, an annual tax of fifty dol<pc force="weak">-</pc><lb break="no" />lars; and from every third-class retail merchant, an annual tax of twenty-five dollars; and from every fourth-class retail merchant an annual tax of ten dollars. A wholesale merchant is one whose an<pc force="weak">-</pc><lb break="no" />nual purchases amount to one hundred thousand dollars or more; a first-class retail merchant is one whose annual purchases amount to less than one hundred thousand dollars and more than fifty<pc force="weak">-</pc><lb break="no" />thousand dollars; a second-class retail merchant is one whose annual purchases amount to less than fifty thousand dollars and more than twenty-five thousand dollars; and a third-class retail merchant is one whose annual purchases amount to less than twenty-five thousand dollars; and all retail merchants not of the first, second or third class, shall be considered of the fourth class. A merchant is any person or firm engaged in buying or selling goods, wares, or merchandise of any kind whatsoever. Every per<pc force="weak">-</pc><lb break="no" />son or firm selling goods by sample, card or otherwise, shall also be considered a merchant; provided, that the county tax for selling goods by sample, card or otherwise, shall be collected in only one county; that no person or firm selling exclusively goods manufac<pc force="weak">-</pc><lb break="no" />tured in this State shall be so considered. From every traveling agent selling or bartering patent rights, patent or specific medicines, fifty dollars. From every person or firm dealing in stocks or bills of exchange in any city or town exceeding five thousand in popula<pc force="weak">-</pc><lb break="no" />tion, an annual tax of two hundred and fifty dollars; and from any such person or firm in any city or town of less than five thousand inhabitants, an annual tax of fifty dollars. From every life insur<pc force="weak">-</pc><lb break="no" />ance company doing business in this State, an annual tax of five hundred dollars; from every fire and marine insurance company doing business in this State, an annual tax of two hundred and fifty dollars; said tax to be paid by the company to the Comptroller of State, whose receipt, under seal, shall be issued to the company, certified copies of which, when furnished to agents, shall be author<pc force="weak">-</pc><lb break="no" />ity to work in any county in the State; said tax to be assessed in the county where the principal office of such company is located; and when the principal office is located in another State, to be as<pc force="weak">-</pc><lb break="no" />sessed in the county where the principal or general State agency exists. From every physician, surgeon or dentist, an annual tax of ten dollars. From every attorney-at-law, an annual tax of ten dol<pc force="weak">-</pc><lb break="no" />lars. From every owner or operator of a daguerrean or such like gallery, by whatever name it may be known or called, if in any city or incorporated town of less than five thousand inhabitants, twenty<pc force="weak">-</pc><lb break="no" />five dollars; if more than five thousand inhabitants, fifty dollars: and if elsewhere, ten dollars. From every auctioneer, an annual direct tax of fifty dollars. From every person or firm keeping<pb n="949" ed="gammelslawsoftexas" /><pb ed="unknown" n="47" /><fw type="header" place="top">Laws of the State of Texas.</fw>a barber shop, five dollars for each and every chair therein at which a barber works. From every person or firm following the occupa<pc force="weak">-</pc><lb break="no" />tion of ship, merchandise or cotton broker, an annual tax of forty dollars. From every pawnbroker, an annual tax of thirty dollars. From every keeper of a public ferry, an annual tax of ten dollars. From every keeper of a toll bridge, an annual tax of ten dollars. From every person or firm, buying or selling upon commission, an annual tax of fifty dollars. From land agents there shall be col<pc force="weak">-</pc><lb break="no" />lected an annual tax of ten dollars. The term land agent shall be construed to mean any person or members of a firm or association of persons, performing for compensation any of the following ser<pc force="weak">-</pc><lb break="no" />vices: purchasing or selling real estate for others, purchasing or selling land certificates, examining into land claims belonging to others, and reporting on the condition thereof. But the term land agent shall not be so construed or interpreted as to levy any tax, in addition to the ten dollars levied on any lawyer or any duly licensed attorney-at-law. The county courts of the several counties of this State shall have the power of levying taxes equal to one-half of the amounts herein levied; provided, that traveling agents of patent rights, patent and specific medicines, physicians, surgeons, den<pc force="weak">-</pc><lb break="no" />tists, attorneys-at-law and land agents, shall pay such State and county tax but once in each year, and in the county of their resi<pc force="weak">-</pc><lb break="no" />dence; and provided further, that the several county courts shall not be authorized to levy any county tax on the incomes of rail<pc force="weak">-</pc><lb break="no" />roads or telegraph companies; provided further, that any one, wish<pc force="weak">-</pc><lb break="no" />ing to pursue any of the above named Vocations for a less period than one year, may do so by paying a pro rata amount of such oc<pc force="weak">-</pc><lb break="no" />cupation for the period he may desire; provided further, that no occupation license shall issue for a less period than three months.</p>
<p>Sec. 7. There shall be levied on and collected from any and all railroads and telegraph companies doing business in this State, an annual tax of one per centum upon the net receipts of the same.</p>
</div4>
<div4 type="section">
<head type="main">The Tax for District School Houses.</head>
<p>Sec. 8. A direct ad valorem tax, for the year 1871, of one-fourth the amount of the direct ad valorem State tax, on all real prop<pc force="weak">-</pc><lb break="no" />erty situate, and all personal property owned in each school district in this State, save so much thereof as is exempted as aforesaid, to “provide the necessery (Constitution, article nine, section seven,) school houses in each district, and insure the education of all the scholastic inhabitants of the several districts.” This tax, if deemed too large, may before the collection, be reduced to any specific less rate by order of the county court.</p>
</div4>
<pb n="950" ed="gammelslawsoftexas" /><pb ed="unknown" n="48" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div4 type="section">
<head type="main">The Supplemental Tax.</head>
<p>Sec. 9. A supplemental tax, of ten per centum interest, upon the amount of each of the taxes hereby levied, is levied upon all property subject to taxation, which is not assessed, or is not paid upon, as directed by this act, which shall be compounded annually from the year when due until paid, and a like supplemental tax is levied upon the poll tax when the same is not paid when due.</p>
</div4>
<div4 type="section">
<head type="main">By Whom Taxes Shall Be Assessed and By Whom Collected.</head>
<p>Sec. 10. Taxes shall be assessed by justices of the peace, and shall be collected by the sheriffs of the several counties, except the county occupation tax which shall be collected by the county treas<pc force="weak">-</pc><lb break="no" />urer; which officers, in so far as their duties under this act are con<pc force="weak">-</pc><lb break="no" />cerned, shall be authorized to act by deputy; any justice of the peace or other county officer being eligible for appointment as dep<pc force="weak">-</pc><lb break="no" />uty. The county court of any organized county, to which any un<pc force="weak">-</pc><lb break="no" />organized county or counties, or territories not laid out into coun<pc force="weak">-</pc><lb break="no" />ties, may be or may have been attached for judicial purposes, shall designate one or more of the magistrates composing it, whose duty it shall be to proceed into such unorganized county or counties, or territories, and assess the taxes in like manner as provided for in this act for organized counties; and it shall be the duty of the sher<pc force="weak">-</pc><lb break="no" />iff in such organized county, whenever the assessment roll of such unorganized county or counties, or territories, has been placed in his hands, to proceed into such unorganized county or counties, and collect the taxes in like manner as provided for in the organ<pc force="weak">-</pc><lb break="no" />ized counties of the State. In organized counties, where any va<pc force="weak">-</pc><lb break="no" />cancy may exist in any precinct, by failure of such precinct to elect a magistrate, or from any other cause, the county court shall des<pc force="weak">-</pc><lb break="no" />ignate one of their number to assess the taxes in such precinct.</p>
</div4>
<div4 type="section">
<head type="main">Where Property May Be Rendered For Taxation.</head>
<p>Sec. 11. All property may be rendered for taxation in the coun<pc force="weak">-</pc><lb break="no" />ty where the owner or the agent of the owner thereof resides, or in the county where it, or the greater part of it is situate; and it shall be the duty of any party or parties representing any chartered, incorporated or other company or association, to hare their taxable property assessed at the precinct where the principal office of the same is located.</p>
<p>Sec. 12. The justices of the peace, or their agents, shall call upon every person in their respective precincts, required by this act,<pb n="951" ed="gammelslawsoftexas" /><pb ed="unknown" n="49" /><fw type="header" place="top">Laws of the State of Texas.</fw>to give in a list of property, moneys, credits or other subjects of taxation, and the value thereof, and may apply to any officer or agent of a company, or to any person interested therein, and shall administer an oath to any person to make true answers to such questions as may be propounded to him in relation to such matters as the justice of the peace is authorized to inquire into. A justice of the peace or his deputy, failing to make any call, or to adminis<pc force="weak">-</pc><lb break="no" />ter the oath required by this section, shall be subject to a fine of fifty dollars on indictment, or information in the district court.</p>
<div5 type="section">
<head type="main">When Property is Directed to be Rendered.</head>
<p>Sec. 13. Property is directed to be rendered for taxation prior to the first day of April of each year; provided, that for the year 1871, the time for assessment is extended to the 1st of July.</p>
</div5>
<div5 type="section">
<head type="main">How Property is to be Rendered.</head>
<p>Sec. 14. Personal property is to be rendered for taxation by giving a description list thereof duly signed and stating its value. Real estate is to be rendered for taxation by giving a descriptive list thereof, duly signed, showing the original grantee thereof, number of acres, and stating its value; provided, that when property is ren<pc force="weak">-</pc><lb break="no" />dered in any other county than the one in which it is situate, it shall not be valued at less than the average valuation of property of the same kind in the county where it lies, as shown by the assess<pc force="weak">-</pc><lb break="no" />ment rolls of the previous year. Such list must be sworn to, as to the amount of property, whether real or personal, rendered, and may be sworn to or not as to the value thereof at the option of the person rendering the same, or of the assessing officer.</p>
</div5>
<div5 type="section">
<head type="main">Value of Property Taxed—How Fixed.</head>
<p>Sec. 15. In case property is not rendered for taxation, it is made the duty of the assessing officer of the precinct in which it is situate, on being satisfied that it has not been rendered, to list and value it justly himself, and in case the taxes on such assessment are not paid, and suit is brought for such taxes, with interest, such assessment shall be held to be prima facie proof of value, but may be dis<pc force="weak">-</pc><lb break="no" />proved by competent evidence. In case the person rendering prop<pc force="weak">-</pc><lb break="no" />erty makes oath to the value thereof, and the assessing officer is satisfied that it is correctly valued, in lawful coin of the United States, he shall assess the same accordingly. When the value is not sworn, to, or when the assessing officer is satisfied that the<pb n="952" ed="gammelslawsoftexas" /><pb ed="unknown" n="50" /><fw type="header" place="top">Laws of the State of Texas.</fw>value sworn to is too low, he shall assess the same at such value as he, as a sworn officer, deems just, and if the person rendering sub<pc force="weak">-</pc><lb break="no" />mits to such assessment it shall stand. In case the person rendering makes oath that such assessment is excessive, and names a disinter<pc force="weak">-</pc><lb break="no" />ested citizen as his arbitrator, the assessing officer shall name an<pc force="weak">-</pc><lb break="no" />other, they, in case of a disagreement, to select a third, and such arbitrators shall decide the value, and the property shall be assessed accordingly. In case the person rendering, or the assessing officer, or both shall be dissatisfied with the value as decided by the arbi<pc force="weak">-</pc><lb break="no" />trators, either may appeal to the county court, and its decision in the matter shall be final; provided, nevertheless, that the person rendering shall not be entitled to have the value of the property rendered decided by appeal, unless he or she shall first pay the taxes conceded by the tax lists rendered to be due on such property.</p>
</div5>
</div4>
<div4 type="section">
<head type="main">The Duty of Persons Owning Property Subject to Taxation.</head>
<p>Sec. 16. It is, and is declared to be, the duty of all persons own<pc force="weak">-</pc><lb break="no" />ing property subject to taxation under this act, to render the same and pay the taxes thereon, as herein provided.</p>
</div4>
<div4 type="section">
<head type="main">Lien on Real Estate for Taxes.</head>
<p>Sec. 17. The annual assessment made upon real property shall be a lien upon the property, and interest shall run thereon upon each year’s assessment.</p>
</div4>
<div4 type="section">
<head type="main">The Poll Tax— How Collected.</head>
<p>Sec. 18. It shall be the duty of every person subject to the poll tax to pay the same as provided by this act. No person who fails to pay his poll tax shall receive any money that may be, or may be<pc force="weak">-</pc><lb break="no" />come due to him as a juror or witness, or any warrant from the State or county, or any money that may become due to him that may come into the hands of the sheriff, or the treasurer of the State or county, unless the amount of the poll tax due by him with in<pc force="weak">-</pc><lb break="no" />terest thereon, if any, computed as stated, is first deducted to be ap<pc force="weak">-</pc><lb break="no" />plied to public schools or to public roads, as the case may be.</p>
</div4>
<div4 type="section">
<head type="main">The Taxes on Personal Property—How Collected.</head>
<p>Sec. 19. Any tax on personal property, when due and unpaid, may be collected by the sheriff or his deputy, or by the county treasurer, in case it is the county occupation tax, by levying thereon<pb n="953" ed="gammelslawsoftexas" /><pb ed="unknown" n="51" /><fw type="header" place="top">Laws of the State of Texas.</fw>and seizing the same, or so much thereof as may be necessary to pay the tax or taxes due by virtue of the assessment; and when per<pc force="weak">-</pc><lb break="no" />sonal property is so levied upon and seized, it shall be advertised and sold, unless the tax or taxes due are paid, as in case of personal property evied upon under execution.</p>
<p>Sec. 20. The sheriff, or his deputy, shall post, or cause to be posted, suitable notices throughout his county, stating the days on which he will be present at, at least two places in each precinct of his county, for the purpose of receiving taxes; and it shall be his duty to be present during the time so advertised; provided, it shall be no excuse to any person not paying his taxes as the law requires, that the sheriff shall fail so to advertise or till his appointments.</p>
</div4>
<div4 type="section">
<head type="main">The Direct Taxes On Real Property—How Collected.</head>
<p>Sec. 21. On the failure of any person to render property for taxation, within the time prescribed, the assessing officers, where the same is situate, shall proceed to assess the same, taking care that the property of non-residents shall not be assessed above its just value. On the failure of any person to pay the amount of taxes assessed against him, with interest, if any, within the time limited for payment, the officer charged therewith shall place the name, residence, if known, and the full amount due by such person on a delinquent list, and return the same to the Comptroller of Public. Accounts.</p>
</div4>
<div4 type="section">
<head type="main">Taxes Due Hereafter May Be Sued For and Recovered.</head>
<p>Sec. 22. Delinquent lists may be placed in the hands of any law officer of the State or county, or other attorney, for collection by suit in the name of the State, against such party delinquent, in any court of competent jurisdiction; such suit shall be in the nature of actions for debt, and when brought before justices of the peace shall not be for the enforcement of the lien reserved for taxes. In case a judgment for the taxes due, with interest, is had before a justice of the peace, and the money is not made by execution, such lien may be enforced by suit for that purpose in the proper district court.</p>
</div4>
<div4 type="section">
<head type="main">Back Taxes May Be Sued For and Recovered.</head>
<p>Sec. 23. Where taxes are due and unpaid upon property, whether the same has been assessed or not, for any year preceding 1871, and excluding the years between the thirty-first day of De<pc force="weak">-</pc><lb break="no" />cember, 1860, and the first day of January, 1866, inclusive, suit<pb n="954" ed="gammelslawsoftexas" /><pb ed="unknown" n="52" /><fw type="header" place="top">Laws of the State of Texas.</fw>may in like manner be brought against the owners for such taxes, with interest, and in such suits the actual coin value of such prop<pc force="weak">-</pc><lb break="no" />erty where not assessed, may be proven; provided, however, that nothing in this act shall be considered as in any way validating sales for taxes during any of the time between said thirty-first day of De<pc force="weak">-</pc><lb break="no" />cember, 1860, and the first day of January, 1866.</p>
</div4>
<div4 type="section">
<head type="main">Property—How Freed From Back Taxes.</head>
<p>Sec. 24. Any person who shall render for taxation, and shall pay the taxes, State and county, levied by this act (including the poll-tax, if any) for the year 1871, and shall also in addition pay thereon three times the amount of the State and county tax, so assessed and paid, one-fourth of the State tax, to be applied to pub<pc force="weak">-</pc><lb break="no" />lic schools, shall by so doing be fully acquitted and discharged of all claim and demand upon the property so paid upon for back taxes of every sort and description whatever, whether the same be State, county, municipal or special, and the Comptroller of Public Ac<pc force="weak">-</pc><lb break="no" />counts shall thereupon on demand, give the person so paying a registered and sealed receipt, (or receipts,) which shall be received in all courts as full and conclusive proof that the real estate paid upon is free from all c aim for taxes that may have accrued prior to the date thereof. Where real estate has been sold for taxes, the delinquent is required, in addition to pay to the party or his heirs or assigns who purchased the same, the amount of purchase money paid by such party with simple interest thereon at the rate of twen<pc force="weak">-</pc><lb break="no" />ty-five per centum per annum, until repaid or deposited to the credit of the purchaser, or his heirs or assigns, in the State Treas<pc force="weak">-</pc><lb break="no" />ury, and the purchaser of real estate at a tax sale is hereby vested with a lien to secure the same. Interest shall not run from and after such deposit in the treasury and the deposit shall ipso facto operate as a release of the lien hereby created. Ho property shall be cleared of all back taxes accruing after 1871, save on payment, as is provided in this section, of all taxes that shall have accrued thereon since the acceptance of the present State Constitution with interest, if any thereon, together with three times the amount of the direct State tax, for the year in which taxes are paid, estimated on such property according to the value thereof, on the years on which it is cleared and on paying in addition, ten per centum on that amount, and an additional ten per centum shall be levied for each year until such property is either cleared of or sold for taxes.</p>
</div4>
<div4 type="section">
<head type="main">Disposition of County Taxes.</head>
<p>Sec. 25. All county taxes collected in any county for property<pb n="955" ed="gammelslawsoftexas" /><pb ed="unknown" n="53" /><fw type="header" place="top">Laws of the State of Texas.</fw>situate in other counties, shall be paid by the officers collecting into the Treasury of the State. The Treasurer shall place the amounts received to the credit of the respective county in favor of which the tax was collected; any organized county may, upon the order of the county court, and receipt of the county treasurer, draw from the Treasury annually the amount of tax standing there to its credit.</p>
</div4>
<div4 type="section">
<head type="main">Who May Administer Oaths Under This Act.</head>
<p>Sec. 26. Any of the officers or their deputies named in this act are authorized and fully empowered to administer oaths under this act, such oaths to be in writing and signed.</p>
</div4>
<div4 type="section">
<head type="main">Bonds of Officers.</head>
<p>Sec. 27. Every justice of the peace and sheriff shall, within thirty days after they shall have received notice of their election or appointment, and before entering upon the duties of their respective office as assessor and collector of taxes, give a bond in such form as the Comptroller shall prescribe, payable to the State of Texas, in a sum at least equal to the amount of the tax assessed the previous year for their respective precincts and counties, with three or more good and sufficient sureties, to be approved by the judge of the judicial district in which said county may be situated, and shall take and subscribe the oath prescribed by the Constitution, which, to<pc force="weak">-</pc><lb break="no" />gether with said bond, shall be recorded in the office of the dis<pc force="weak">-</pc><lb break="no" />trict clerk of the county, and be forwarded by said clerk to the Comptroller, to be deposited in his office; said bond shall be con<pc force="weak">-</pc><lb break="no" />ditioned that the justice or sheriff shall faithfully discharge all the duties required of him as assessor or collector of taxes, as the case may be, for and during the full term far which be was elected or appointed, and said bond shall not become void on the first recovery, hut suit may be maintained thereon until the whole amount thereof be recovered. Any justice or sheriff may be required to give a new bond, or additional or other securities, whenever, in the opinion of the Comptroller, it may be advisable; and when so required, to give a new bond or additional securi<pc force="weak">-</pc><lb break="no" />ties, the justice or sheriff shall suspend the duties of his office until said new bond or additional securities are given, and on fail<pc force="weak">-</pc><lb break="no" />ure to give the same, within thirty days from notice, he shall be dismissed from office. Whenever the justices of a county shall all agree to and appoint a common deputy to assess for the entire county, or when the sheriff appoints a deputy to collect from the entire county, such deputy shall take and subscribe the oath and give bond as required above in the case of sheriffs. In<pb n="956" ed="gammelslawsoftexas" /><pb ed="unknown" n="54" /><fw type="header" place="top">Laws of the State of Texas.</fw>addition to the bond above specified, the sheriff shall also execute a bond, payable to the county court, naming the members thereof and their successors in office, in a sum at least equal to the prob<pc force="weak">-</pc><lb break="no" />able amount of the county tax of the county, with two or more good and sufficient sureties, to be approved by said county court; and no person shall be received as a surety for an amount greater than the value of his property after deducting all exemptions and legal liabilities, which amount shall be stated under oath; said bond, shall be deposited in the office of the clerk of the district court, and by him duly recorded. Said bond shall be conditioned that the sheriff shall faithfully dscharge all the duties required of him by law as collector of taxes, and shall make settlement with the treas<pc force="weak">-</pc><lb break="no" />urer of the county for all moneys that may come into his hands belonging to the county, at least every two months, or oftener, if so ordered by the county court. Said bond shall also extend to the faithful performance of his duties for the full term for which he was elected or appointed, and shall not be void upon the first recovery; provided, the court may, in its discretion, require a new bond at any time; and further provided, that nothing herein shall be so construed as to prohibit the sheriff from collecting the county tax by a qualified deputy.</p>
</div4>
<div4 type="section">
<head type="main">How Taxes Collected Shall Be Accounted for and Disposed Of.</head>
<p>Sec. 28. The sheriff shall report to the Comptroller of Public Accounts, on the first day of August, the amount collected by him for State taxes, and for county taxes, of property in counties other than his own; and he shall, in like manner, report taxes collected every sixty days thereafter. He shall, at all times, pay drafts drawn on him by the Comptroller, or remit by draft or postoffice money order, the funds in his hands as rapidly as collected, when required so to do by the Comptroller, and he shall make final settlement on or before the thirty-first clay of December, in each and every year thereof. It is also made the duty of the sheriff to obey all orders of the county court in the matter of taxes collected by him on prop<pc force="weak">-</pc><lb break="no" />erty situated in his county, and he shall pay over to the county treasurer, on the order of said count, as often as ordered so to do, all moneys or county liabilities received by him in the proportion that he received the same from the tax-payer; and when not other<pc force="weak">-</pc><lb break="no" />wise ordered, he shall pay over to the county treasurer all funds or county liabilities received by him, every two months from and after the first day of April, 1871.</p>
</div4>
<pb n="957" ed="gammelslawsoftexas" /><pb ed="unknown" n="55" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div4 type="section">
<head type="main">Duties of Officers Named in This Act.</head>
<p>Sec. 29. It shall be the duty of each of the officers, deputies included, named in this act, to well and truly do and perform what they are respectively required to do by this act and by the instruc<pc force="weak">-</pc><lb break="no" />tions issued in pursuance thereof, in conformity with the Consti<pc force="weak">-</pc><lb break="no" />tution and laws of this State.</p>
</div4>
<div4 type="section">
<head type="main">Compensation of Officers Under This Act.</head>
<p>Sec. 30. Where the assessment for all the precincts of a county is made by a deputy of the justices thereof who is bonded, he shall be allowed and paid a commission of five per cent. on the first five thousand dollars of taxes lawfully assessed by him, and three per cent. on all sums above five thousand dollars, half the above rates to be allowed for assessing other taxes than the direct ad valorem State tax. Where any justice of the peace assesses in person or by a deputy, who is not also the deputy of the either justices of the county, the above named commission shall be allowed and paid him. Sheriffs, or their deputies, shall be allowed and paid for dis<pc force="weak">-</pc><lb break="no" />traints under this act what they are allowed and paid for like serv<pc force="weak">-</pc><lb break="no" />ices in civil suits; and shall also be allowed and paid mileage, at the rate of twenty cents per mile for every mile actually and neces<pc force="weak">-</pc><lb break="no" />sarily traveled by them, in going to and returning from the capital, in order to settle their accounts and pay into the Treasury the taxes collected by them; they shall be allowed and paid Commissions for collecting all State, occupation and direct ad valorem taxes, five per cent. on the first five thousand dollars, and three per cent. on all Bums above five thousand dollars, and shall be allowed and paid one-half of the above rates for collecting all other taxes. The fee for every oath required to be administered under this act, shall be twenty-five cents; which fee, together with the fee for making the assessment, shall be added to and collected with the direct State tax; provided, nevertheless, that where the total compensation (fees included) for assessing or for collecting in any county, shall exceed the sum of four thousand dollars, the excess shall be paid into the State Treasury, and shall be applied in like manner with the direct ad valorem State tax.</p>
</div4>
<div4 type="section">
<head type="main">Instructions Supplementary to This Act.</head>
<p>Sec. 31. Instructions to carry the provisions of the Constitu<pc force="weak">-</pc><lb break="no" />tion in relation to taxes and this act into effect, and supplementary thereto, shall be prepared by the Comptroller of Public Accounts,<pb n="958" ed="gammelslawsoftexas" /><pb ed="unknown" n="56" /><fw type="header" place="top">Laws of the State of Texas.</fw>and he shall have power, from time to time, to alter such instruc<pc force="weak">-</pc><lb break="no" />tions, and the instructions and alterations shall be issued and obeyed by all officers intrusted with the execution of this act, in like manner as this act.</p>
</div4>
<div4 type="section">
<head type="main">Repealing Section.</head>
<p>Sec. 32. All laws and parts of laws in conflict herewith, except such as authorize special county taxes and other special taxes, shall be and are hereby repealed, saving and reserving all rights of the State, of the respective counties and of the officers thereof under the same; the rights of the officers to be adjusted in conformity with the instructions to be issued under this act.</p>
<p>Sec. 33. For the purpose of the prompt promulgation and understanding of this act by tax payers, the Secretary of State is directed to have the same published in the official journals of the several districts of the State; and this act shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 22, 1871</date>.</dateline>
</closer>
</div4>
</div3>
<div3 type="section">
<head type="main">CHAPTER LIII.</head>
<opener>
<salute>An Act to provide for the obtaining and transcribing of the sev<pc force="weak">-</pc><lb break="no" />eral Acts or Charters founding the towns of Reynosa, Camargo, Mier and Guerrero, in the Republic of Mexico, and of Laredo in Texas, and making an appropriation for that purpose.</salute>
</opener>