fOaw library
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DUKE UNIVERSITY LIBRARY
ESTABLISHED BY THE
FAMILY OF
COLONEL FLOWERS
SPECIAL LAWS
OF THE
TENTH LEGISLATURE,
OF THE
STATE OF TEXAS.
PUBLISHED BY AUTHORITY.
HOUSTON:
PRINTMD AT THE OFFICK OF TUB GALVESTON NEWS.
IH64.
liL
SPECIAL LAWS
CHAPTER I.
.4.V ACT to qutliorize the holding of hA Election fur Re; in Dallas
county, to fill the vacancy created by the action of the Tenth Legislature declaring
the s-eat of 11. J. Moftal vacant.
Section 1. Be it enacted by the Legislature of the Stale of Jexas, That the
Governor be and he is hereby authorized to issue a writ of election to fill the
vacancy aforesaid, and that the Chief Justice of Pallas county be required to
order said election, in five days after the usual notice in such cases, and the
returns thereof be made within three days after the day of election, and the
certificate of election be issued forthwith to the successful party.
Sec. 2. Be it further enacted, That tbi« act take effect from and after its
passage.
Approved November 20th, 184
CHAPTER II.
AX ACT for the r§lief of A. J. Yaughan, of Lamai% count u.
Section 1. Be it enacted by the Legislative of the State of Ttxai, That the
Comptroller of the State of Texas be authorized and required to issue duplicate
warrants to A. J. Vaughan, of Lamar county, in lieu of the following original
warrants : No. 1195, for $139 25, issued to J. W. Hicks ; No. 1196, for $101 22.
issued to W. S. Kennedy, attorney for C. C. Miller ; No. 1G39, for $85 34, issued
to J. Jemison ; Trovid'd. the suid A. J. Vaughan shall first file with the Comp-
troller his affidavit, stating that the original warrants are lost, and that they
were his property at the time ; and, /urMer provided, that he shall file a bond,
with good and sufficient securities in double the amount, payable to the State
of Texas, and approved by the Chief Justice of the county that he resides in,
that the original warrants shall not become a charge upon the ?tate of Texa=.
Sep. 2. That this act take effect from its pas? rf£
ved November 27tli,
-L\ di&Mfofy of minot'ity.
iron 1; J , T&cas, ThatC.
M. Quarles, a minor, resident of the county of Anderson. State of Texas, be and
■1 of the disability of minority, and declared of full and
1 are lor all pu managing and controling hir own propcily, and
,ect to all the legal liabilities appertaining to the same.
,,
CHAPTER IV.
AN ACT for the relief of Robert Price.
Section 1. Be it enacted by the Legislature of the State of Texas, That the
Commissioner of the General Land Office is hereby authorized to issue to Robert
Price a patent for three hundred and twenty acres of land, upon the head-right
of A. J. Viser, of Lamar county, upon the same terms that a patent could issue
for land outside of the Memphis, El Passo and Pacific Railroad reserve ; and
that this act be in force from and after its passage.
Approved December 2d, 18C3.
CHAPTER V.
AN ACT for the relief of Henry K. Harrison
Section 1. Be it enacted by the Legislature of the State of Texas, That Henry
K. Harrison, a minor in the service of his country, be and he is hereby author-
ized and empowered to dispose of his estate, both real, personal and mixed, by
last will and testament ; which said will shall be as effectual as if he were of age.
Approved December 4th, 1863.
CHAPTER VI.
AN. ACT to incorporate the Sulphur Fork Iron Company.
Section 1. Be it enacted by the Legislature of (lie State of Texas, That J. C.
Moore, A. H. Chappell, G. H. Kelly, R. H. H. Moores, David Moores, J. M. Ball,
Lewis Moody, and Warren Hooks, citizens of the State of Texas, their associates
and successors, be and are hereby created a body corporate and politic, under
the name and style of " The Sulphur Fork Iron Company,'' with capacity to own
property, real and personal, in sucb quantities as may be necessary for the
legitimate objects of this corporation, make contracts, have succession and a
common seal, to make by-laws for its government, and in their corporate name
to sue and be sued, to grant and receive, and generally to do and perform such
things and acts as may be necessary and proper for, or incident to, the fulfill-
ment of their objects, or maintenance of their rights under this act, not incon-
sistent with the Constitution of the State.
Sec. 2. That said company is hereby created with the right to erect, own,
maintain, and operate, a manufactory of iron and steel of every description
whatever, and all other articles of which iron and steel may form a part, at such
place, or places, as said company may select, within the county of Davis.
Sec. 3. The capital stock of said company shall be divided into shares of
one thousand dollars each, and the holders of said shares shall constitute said
company, and said capital stock shall not exceed eight hundred thousand dollars
Sec. 4. The corporators, mentioned in section first of this act, shall, witbii
ninety days from its passage, cause an election to be held for a board of direc-
tors, of not less than three nor more than seven in number, who shall be elected
by the stockholders at such time and place a1* may be appointed, and annually
thereafter : Provided, That in case of failure to elect, at the stated time, the
board of directors incumbent shall continue in office until there be an election ;
the time for which shall be fixed by said board, whereof notice shall be given
as required by law governing other corporations. The corporators under this
act Bhall be considered a board of directors, until the first election of directors
has taken place.
Skc. 6. No person shall be eligible as a director, unless he is the owner of
at least two shares of stock of the c<niip?ny. The said board shall elect a presi-
dent from their number, fill vacancies uDtil the next succeeding stockholders'
meeting, and appoint such officers as tl.ey mav deem necessary, and require
security for the faithful performance of their respective duties ; also, they shall
have power to prescribe the time and place for the payment of instalments or
assessment on stock, declare the forfeiture of stock for non-payment, and to do.
or cause to be done, all other acts and things which they may deem necessary
and proper in conducting the business of Raid company. A majority of the
board of directors shall constitute a quorum for the transaction of business., but
in no case shall a director vote by proxy.
Sec. 6. This act shall be in force and tike effect ffom and after its passage,
and continue in force for the term ot twenty \ears.
Approved December 4th, Ii;(i3.
CHAPTER VII.
AN ACT defining tlie duties of the Agent fur t/te Alabama, Cos-
hatta and Museoga tribes of Indians.
Section 1. Be it enacted by the legislature of the State of Texas, That the
agent appointed for the Alabama. Coshatta and Murcoga Indians, or that may
be hereafter appointed for said Indians, shall make a quarterly return to the
Governor of this State ot the condition of his agency and the situation of said
Indians, and what he has furnished them ; on the failure of said agent to make
his return as required by this act, within sixty days from the end of each quar-
ter, he shall be removed from his office as such agent.
Sec. 2. That this act take effect and be in force from and after its passage.
Approved December 4th, 1868.
CHAPTER VIII.
AJf ACT to establish and define the boundaries of the Counties of
Live Oak and McMuIlen, and to repeal certain Avis therein named.
Section 1. Be it enacted by the Legislature of the State of Texas, That the
boundaries of the county of McMuIlen shall be and the same are hereby de-
clared to be as follows, to wit : Beginning at the south-east corner of Frio
county ; thence run due south forty-two miles ; thence due east twenty-eight
miles ; thence north forty-two miles ; thence west twenty-eight miles to the
beginning ; and all the territory comprised within said boundaries shall be and
constitute the county of McMuIlen.
Sec. 2. That the boundaries of Live Oak county shall be and the same are
hereby declared to be as follows, to wit : Beginning at the west corner of San
Patricio county, on the Nueces river ; thence running east to, and northward
with, the boundaries of San Patricio and Bee counties, to the north-west corner
of a Burvey for B. I. Ijams ; thence north, forty degrees west, with the county of
Karnes, to the line of Atta3C0sa county; thence with the lines of Attascosa. McMuI-
len, Duval, and Nueces counties, to the place of beginning; and all the territory
comprised within laid boundaries shall be and constitute the county of Live Oak.
EC, 3. That "An Act t'> define the boundaries of Live Oak county," ap-
proved January 3d, 1862, and " An Act t* define the boundaries and provide
for the organization of McMuIlen county," approved January 3d, 1862, be and
the 6ame are hereby repeal d.
1. That this act take effect and be in f jrce from and after its passage.
Approved December 4th. I
(HATTER IX.
AN ACT to l ■ nes of Jfarri-
■"■' 1/;,
TION 1. / i ..-.>,< • . , That the
6
county line between the counties of Harrison and Marion shall be as follows:
Commencing at a point in the centre, or channel, of Big Cypress Bayou, oppo-
site the north-east corner of Upshur county ; then down said Cypress Bayou
to a point opposite the north-east corner of a survey for 2214 acres, made by
virtue of the head-right of Alexander Johnsou ; thence south-east to the centre
of Little Cypress Bayou ; thence down said stream to its junction witli Ferrey
Lake and Caddo Lake, to the south-east corner of Marion county ; which said
line shall hereafter be known and recognized as the boundary line between
said counties.
Sec. 2. That the Surveyor of Upshur county be and he is hereby appointed
a Commissioner to run said line, who shall proceed, within sixty days, to run
said line, and report the same to the Chief Justice of each of the counties ; and
that the county of Marion shall pay all charges incurred in running said line ;
and that this net be in force from its passage.
Approved December 8th, 1863.
CHAPTER X.
AN ACT for the relief of Capt. Joseph M. Bound's company, of
Colonel William C. Young's regiment of State troops.
Section 1. Be it enacted by the Legislature of the State of Texas, That when-
ever the Lieutenant-Colonel, or Major, of Colonel William C. Young's regiment
of State troops, called out in the year 1SG1, shall approve the muster roll of
Captain J. M. Bound's company ot said regiment, ami certify thereon the length
of time said company were in the State service, the Comptroller shall audit the
claims of said company, in the same manner and at the same rates of pay allowed
the other companies of said regiment.
Sec. 2. That the sum of fifteen thousand dollars, or so much thereof as may
be necessary, out of the appropriation heretofore made by an act of the Legis-
lature, approved March (itb, 1863, be and the same is hereby re-appropriated to
pay said company, and to pay the claims against the State for h asportation
and supplies furnished the same.
Sec. 3. This act take effect from its passage.
Approved December 8th, 1863,
CHAPTER XI.
AN ACT to incorporate the Waco Manufacturing Company.
Section 1. Be it enacted by the Legislature of the State of Texas, That George
E. Burney, H. M. Hood, J. Thomason and J. B. Earl and their associates and
successors, are hereby created a body politic and corporate, under the name
and style of " The Waco Manufacturing Company,''" and by that name may sue
and be sued, plead and be impleaded in any of the courts of this State. They
shall, by their corporate name, be capable of contracting and being contracted
with, and of acquiring, by purchase, donation or otherwise, real and personal
estste, and of selling and conveying the same, or any part thereof, as the said
corporation may deem fit, pibiMm, however, the said corporation shall not
acquire, or hold, more real estate than is necessary for the purposes of said
corporation in constructing and carrying on their corporate business.^
Sec. 2. Said company may manufacture cotton and woolen fabrics, cotton
yarns, wool rolls, flour and corn meal, and any other fabiics that maybe useful
to the country.
Sec. 3. The capital stock shall be five hundred thousand dollars, to be
divided into shares of one thousand dollars each.
Sec. 4. When one hundred thousand dollars shall be subscribed, the stock-
holders may elect four direct"; 11 boM their office for two years, said
directors may proceed to elect one of their number President, who shall hold
his office for and during the term of two years.
Sec. 5. That when a suit shall be brought against the company, it shall be
sufficient to execute process, on the President, either in person or by leaving a
copy at the office of the company, with some white person attached to the com-
pany over the age of eighteeu years.
&sc. C. Be it further enacted, That this act shall continue in force for and
during the term of twenty years from its passage.
Approved December 8th, 1863.
CHAPTER XII.
AN A< 'I t<> repeat an act entitled "An Act to consolidate in one act, and to
ar.iend th<> several Acts Incorporating the City of Galveston," approved August
'21th li?5G. and to grant a new Charier of Incorporation to said City.
Section 1. Be it enacted by the Legislature of the State of Texas,' That all the
free white inhabitants of the City of Galveston, shall continue to be a body
poli:ic and corporate, with perpetual succession, by the name and style of
" The City of Galveston,'' and as such, by that name, shall be capable of con-
tracting and being contracted with, suing and being sued, impleading, and
being impleaded, answering and being answered unto, in all courts and places,
and in all matters whatsoever ; may purchase and hold real, personal and mixed
property, and dispose of the same for the benefit of the said City ; and may
have and use a corporate seal, and change and renew the same at pleasure.
Sec. 2. That the limits of the said City shall eontinue to be all that section
of territory lying between Seventh Street, on the East, and Forty-first Street on
the West, as defined on a certain Chart, or Town Tlat, heretofore laid off by the
Galveston City Company, and between the waters of the Gulf of Mexico, on the
South, and Galveston Bay on the North ; Provided, nevertheless, That the Muni-
cipal Regulations of the said City shall extend over the harbor and anchorage
immediately North of the same ; and provided further, That the said limits may
be hereafter extended by adding additional territory to the same, whensoever
the majority of the inhabitants of said territory shall indicate a desire to be
included within the limits of said City.
Bid 3. That tho municipal affairs of the said City shall be administered by
a Mayor, a Recorder, twelve Aldermen, a Treasurer, an Assessor and Collector,
a Clerk, a Marshal, a Superintendent of Streets, and such other subordinate
officers as the Board of Aldermen may. in their sound discretion, deem necessary
to the due regulation thereof.
Bid. 4. That every free white male person, not disqualified by law, who
shall have attained the age of twenty-one years, and become a citizen of this
State, and shall have resided within the limits of the said City for twelve
months next preceding the election, and who shall be possessed of real estate
in the same, to the value of three hundred dollars or upwards, or who shall
have Berved in the army or navy of the Confederate States, or in the State
Troops, and have been honorably discharged, and none other, shall be entitled to
vote for Mayor and Aldermen of the said City. Provided, nevertheless, That no
person belonging to the regular army or navy of the Confederate States, shall
be so entitled.
Sec. 6. That, a3 it is eminently just and proper that those who levy the
taxes and expend the money of the people, should be themselves of those who
pay the taxes : therefore, to encourage economy in the administration of tho
affairs of said City, no person shall be eligible to the office of Mayor. Recorder,
or Aldermen of said City, unless, in addition to his being qualified to be a voter
therein, he be possessed, in his own right, of real estate within the limit
said City, to the value of three thousand dollars (ltfcludldg the improvements)
free from ineumbrai.
Sec. f>. That for the purpose of holding elections for city offirrrs, the said
City shall be divided, as now. into four Wards, to contain, a- nearly as may be
8
practicable and convenient, an equal number of voters, and it shall be the duty
of the Board of Aldermen to alter said Wards from time to time, in such a manner
as to preserve, as nearly as may be, an approximate equality of voters. The
Mayor shall be elected by the qualified voters of the City, voting by ballot, in
their respective wards, and shall hold his office for one year from the date of
his election, and until his successor shall be elected and qualified. At the first
election held under this Charter, there shall be elected by the same voters,
voting in their respective wards, three Aldermen form the First Ward, three
Aldermen from the Second Ward, three Aldermen from the Third Ward, and
three Aldermen from the Fourth Ward, according to the provisions of the next
succeeding section of this act. At the first meeting of the said Board of
Aldermen so elected, il shall proceed to divide, by lot, the three members from
each ward, into three classes ; and those of the first class, shall hold their
offices for one year, those of the second class for two years, and those of the
third class for three years, and until their respective successors are duly elected
and qualified ; so that thereafter there shall be elected at each annual election
of Mayor, one Alderman from each ward, who shall hold their offices for three-
years, and until their successors are elected and qualified. The said Mayor and
Aldermen, before entering upon the duties of their offices, shall take and sub-
scribejthe following oath, to be administered by the Chief Justice or any Justice
of the Peace of the county : " You do solemnly swear, (or affirm) that your are
duly qualified by law for the office to which you have been elected, and that you
will faithfully perform the duties thereof to the best of your ability, so help
you God! "
Sec. 7. That the said city election shall be held on the first Monday of March in
each and every year, and shall be conducted as follows : There shall be chosen
by the Board of Aldermen, at least fifteen days previously thereto, for each and
overy ward, three good and discreet men as managers of the election, of which
•appoinment, and of the time and places of election, the Mayor shall give at least
ten days public notice. Un the day of election the said managers shall meet at
the places designated, and having appointed two Clerks, and being, themselves
and their clerks, first duly sworn by any Justice of the Peace, to the faithful
performance of their duties without fear or favor, shall proceed to receive the
votes of their ward for one Mayor and such Aldermen as are to be elected,
administering to each voter of whose qualification there may be doubt, previ-
ously to his voting, the following oath " Yon do solemnly swear, (or affirm)
that you are qualified, by law, to vote for officers of this City, so help you
God ! '" The managers shall hold the polls open from 10 o'clock a. m., until 4
o'clock p. m., and shall keep a correct list of all persons admitted by them to
vote, numbering each voter and marking his ticket with a corresponding number,
aa in the case of State elections. As soon after the closing of the poles as
practicable, they shall proceed to count the votes, and shall make due return
thereof, certified under Lheir hands and seals, which said return, together with a
certified list of the persons voting, they shall envelope, under seal, and transmit
by one of themselves to the Mayor incumbent. The said Mayor incumbent,
shall, within twenty-four hours after receiving the said returns, call together the
Board of Aldermen, who shall, in public meeting, proceed to open the returns
and decide upoa the election. The person having received the greatest number of
votes for Mayor, being declared elected Mayor, and the persons having received,
the highest number of votes in each ward for Aldermen, being declared elected
Aldermen of their ward. In accordance wherewith the Mayor incumbent shall:
deliver to the Mayor and Aldermen elect, the certificates of their election under
liis hand and the seal of the City ; and in case the Mayor incumbent be absent,
indisposed or for any other reason, unable, or refuse to receive said returns, or hav-
ing received the same neglect to call a meeting of the Board of Aldermen, or
having called a meeting thereof, tbe said Board shall not meet, or having met
within the time prescribed, shall not open the returns and declare the election ,
then, and in either case, the election shall not be void, but the managers shall
make out duplicate returns of the said election, and having certified, sealed.
9
and enveloped the same as before, shall transmit them to the Chief Justice of
the county, who shall forthwith proceed to determine the election and deliver
certificates of the same, under his hand and official seal, to the persons elected.
in the same manner as the Board of Aldermen and the Mayor should have done.
The Mayor and Aldermen elect, shall, on the first Monday after their election,
or as soon thereafter as practicable, be regularly installed into their offices, in
conformity with the last clause of the sixth section of this act. Should any of
the managers of the election fail to attend at the proper time and place, the one
or two who m ay be present, shall select, from among the bystanders, a suitable
person, or persons, to fill the vacancy so ocjUsioned ; and should none of said
managers be present, then the bystanders, being voters, shall themselves select
three suitable persons to conduct said election, who shall proceed to hold the
election, and make returns thereof, in the same manner as the regular mana-
gers should have done, had they been present.
Skc. S. That the Hoard of Aldermen, at its first meeting after that in which
the members were installed into office, shall proceed to elect, from without
their own body, a Recorder, a Treasurer, an Assessor and Collector, a Clerk,
a Marshal, and a Superintendent of Streets, and such other subordinate officers
as may have been created under the third section of this act. The candidate
receiving a majority of tlie whole number of votes, being declared elected.
The Treasurer, Assessor and Collector, Clerk and Marshal, shall each enter into
bond, payable to the Mayor of the city, and bis successors in office, with two
good and sufficient sureties, in such sum as the Board of Aldermen shall direct,
conditioned for the faithful performance of the duties of their several offices :
whereupon the Board of Aldermen shall, by motion, order the Treasurer.
Assessor and Collector, Clerk and Marshal lately incumbent, to deliver over to
those several officers elect, all moneys, books, papers, records, and all matters
and things whatsoever which they, or either of them, may have in his or their
possession, belonging to their said several offices, without which order, under
the hand and seal of the Mayor, the said several officers shall not permit any
moneys, books, papers, records and other things, to be taken from the possess-
ion of them, or either them ; and if the said several officers, or either of them,
shall, upon the receipt of such order so certified, refuse or neglect to deliver over to
their several successors, the said moneys, books, papers, records and other things,
or any of them, they, or either of them so offending, shall be deemed guilty <:
contempt, and upon conviction thereof in the city court, shall be adjudged to
pay a fine not exceeding one hundred dollars, and to be imprisoned not exceed-
ing seven days for every week that he, or they, shall so retain the same, said
fine to be collected by execution, if sued from the said court, against the ee.1
of them and their securities.
Sec. 9. That the Mayor of the said city shall be the Chief Executive Magis-
trate thereof, and as such shall be vigilant and active in causing the laws,
ordinances and regulations of the city to be executed and enforced. He shall
take instant measures for the quelling of all riots, and disorders, and the dis-
persion of all unlawful assemblages of persons in said city. He shall exercfei
a general supervision over the conduct of all Subordinate officers, and cause their
violations of law, or neglect of duty to be reported to the Board 6f Aldeinien.
to be punished by fine, not to exceed one hundred dollars, or by dismission
from office, as they shall see lit. He shall, at the request of three Aldermen, or
whensoever he may deem it advisable, call special meetings of the Board of
Aldermen, causing due notice to be given to each member thereof, and shall
preside at all meetings of the said Board, but shall have no vote, unless there
be a tie, in which case he shall give the casting vote. He shall from time to
time communicate to the Board of Aldermen, such information, and recommend
such measures as the welfare of the city may, in his opinion, render necessary,
and generally shall do and perform all such acts and duties which the said
Board of Aldermen may lawfully require of him as the Chief Magistrate of the
eity ; and for his services as Mayor, he shall receive a salary to be determined
by the Board of Aldermen, payable at stated periods, which salary shall be
10
neither increased nor diminished during the term of service of any incumbent,
for or under any pietext whatever.
Sec 10. That the Recorder of the said City shall he the Chief Judicial
Magistrate thereof, and as such shall hold a City Court, within said City, which
said court shall have cognizance of all misdemeanors, breaches of the peace,
infractions of the ordinances, and all other cases arising under the laws of said
city, and shall be deemed always open for the trial oi said cases. The said
Recorder, as Judge thereof, shall have power to issue subpoenas, writs, execu-
tions, and all other process known to the law, which a Justice of the Peace of
this State may lawfully issue. andAthe said subpoenas, writs, executions, and
other process, shall he issued, served and executed under the same forms, and
in the same manner, as the like process should be, when issued by a Justice of
the Peace. He shall have power to punish all contempts, aud generally shall
do and perform all other acts which the Board of Aldermen may lawfully
require of him as the Judge of the City Court. And for his services, the said
Recorder shall receive such stated salary as the Board of Aldermen may deem
sufficient, the said salary to be neither increased nor diminished during the term
of service of any incumbent. The said Recorder shall hrld his office for two
years, and until his successor is elected and qualified, and before entering upon
the duties of his office, shall take the like oath of office as is required by law of
the Chief Justice of the county.
Sec. 11. That the Board of Aldermen shall be composed of three Aldermen
from each of the four Wards of said City, and shall have full power and
authority to make and establish such ordinances, regulations, laws, and by-
laws as they shall deem necessary for their own government, and to preserve
the peace, cleanliness, comfort and salubrity of said City ; to secure the safety
and convenience of passing iu the streets, alloys, squares, levees, and other
public ways ; to direct the construction, maintenance and repairs of side-walks
in the said streets, at the cost of the proprietors of neighboring houses and
lots, and to determine the di:n,jn>ions thereof : to establish rules and regulations
in relation to partition, walls and fences ; to require all low grounds and lots
in said city to be drained and filled up by the proprietors thereof, and in case
of their refusing, or neglecting so to do when ordered, to cause the same to be
drained and filled up, and the premises to be sold to defray the expenses thereof,
provided, nevertheless, That the proprietor of the lots, or lands, so sold,
shall be entitled to receive that part of the purchase money which may remain
after defraying the expenses of draining, filling and selling the same. The said
Board shall have power to fix the place, and anchorage for all vessels and
water craft in the port of Galveston, and to establish quarantine, and all other
regulations which may he necessary to prevent the introduction or spread of
contagious, epidemic or iufectious diseases ; to organize a fire department, and to
regulate the same, and to pass such other laws as may be deemed necessary for
the prevention and extinguishment of fires ; to establish a city guard or patrol,
and to regulate the same ; to establish an active system of inspection over the
conduct and habits of slaves ; to provide for the lighting the streets ; to estab-
lish one or more market places, and to provide for the inspection of all comes-
tibles offered for sale therein, or elsewhere, and otherwise to regulate the same ;
to prevent forestalling and regrating, and to punish the same ; to establish and
enforce, by suitable penalties, the proper weights and measures; to regulate
the assize and quality of bread, and every thing that relates to butchers, bakers,
tavern-keepers, aud other persons keeping public houses, beer saloons or grog
shops, draymen, hack drivers, horse drivers, water carriers, and slaves employed
as day laborers ; to prevent the establishment, within the said city, of houses
ill-fame, or any other place of resort for gambling, or other vicious purposes ;
to establish hospitals for the accommodation of destitute sick persons, poor-
houses for the infirm and indigent, and work-houses for the confinement of
common beggars, vagrants, and other idle and vicious persons ; and to pass
such laws, and appoint such officers as they may deem necessary for the due
management thereof ; to provide places for the storing of powder, the burying
11
of the dead, and the reception of all carrion, offals, tainted provisions, and
other tilth from within the said city, and to prevent the use ol any other place
within the said limits, for the sum1 purposes : to prohibit the establishment of
slaughter houses, or any other nuisance within said city ; and generally to do
all such other acts, and to pass such" ordinances, not inconsistant with the Con-
stitution and laws of this State, or of the Confederate States, as may conduce
to the interest and welfare of said City. J'rovided, That no ordinance, law, or
by-law, passed in persuance of this act. shall jxo into effect Unless the same be
approved by the Mayor, or being disapproved by him. it be passed by a vote
of two-thirds of the whole Board, nor until ten days after the same shall have
been published in one of the newspapers of the city, unless in the opinion of
two-thirds of said Board, the emergency may be such as to require a departure
from this rule. An attendance of two-thirds of the members of the Board shall
be necessary to form a quorum ; and the said Board, by a vote of three-fourths
of the whole Board, may, at any time, for cause assigned, dimiss any officer
elected by the Board, except the Recorder, and elect a new incumbent. And
to defray the expenses of said City, the said Board are hereby fully authorized
and empowered to impose a direct property an.l license tax upon all such
persons, property and employments as are liable to taxation under the Consti-
tution and laws of this State, an:! to make and execute all laws necessary to
enforce the collection of the same. Provided, nevertheless, That no property
tax (unless for special purposes, and specially provided for by act of this
Legislature.) shall for any one year exceed the one-half ot one per cent, of the
value of the property, nor any license tax, the sum of fifty dollars ; nor shall
any tax be levied without the concurrence of two thirds of the whole Board in it<
favor. And in order the more effectually to enforce the ordinances of the said
city, the said Board of Aldermen shall impose. Upon the violation thereof, such
fines and penalties, not exceeding one hundred dollars, and such imprisonment,
not exceeding fifteen days, to be collected and inflicted through the City Court,
hereinbefore provided, as they may deem necessary and proper.
Ssc, 1-. That the Treasurer of said City, shall receive, and securely keep,
all moneys belonging to the said City, and make all payments for the same,,
upon the order of the Mayor, attested by the Clerk, and the seal of the City.
He shall keep regular and correct accounts of their real, personal and mixed
property, and shall render a correct statement ol his receipts and payments to
the Board of Aldermen at their fust regular meeting in every quarter, and
whensoever, at other times, be may be required by them to do so, and at the
end of every half year, shall cause to be published, at the expense of the city.
a statement showing the amount of receipts and expenditures for the six
months next preceding, and the general condition of the treasury, and shall do
and perform such other acts and duties as the Board of Aldermen may lawfully
require of him as the Treasurer of the city. And for his services, the said
Treasurer, shall receive such compensation as the Board of Aldermen may deem
sufficient, the said compensation not to be chauged during the term of service
of any incumbent.
Bec. 13. That the Assessor and Collector of the city shall make up the
assessments of all property taxed by the city, and collect the taxes of every
kind as they shall become due and owing, and generally perform all the duties
in relation to city ta.\e~. a-, are required of the State Assessors and Collectors in
regard to the State and County taxes, under such forms and regulations as the
Board of Aldermen may j and .-hall pay over to the Treasurer, every
month, the moneys which he shall hare received, and make a reporl thereof to
the Board of Aldermen at their fir^t regular meeting in every quarter. All
assessments of property shall be made under oath by Ihe party returning the
same : if the appraisement be unsatisfactory to the Assessor, it shall he referred
to a board of three commissioners, being owners of real estate in the city to
the value of three thousand dollars, and entirely disconnected with the admin-
istration of the city, who shall be appointed by the Board Of Aldermen, and
whose decision shall be final. The same commissi mer.s shall assess the value
12
of all property whose owners are unknown, or which may not have been
returned, and shall receive for their services such remuneration not being a
per centage, as the Board of Aldermen shall think proper.
Sec. 14. That the Clerk of the said city Bhall be Secretary to the Board of
Aldermen, and as such shall, in person, or by his deputy, attend at their meet-
ings, keep a correct minute of all their proceedings, and take charge of all
books, records and papers which the said Board shall have for the recording of
their ordinances, and the preservation of all other matters and things pertain-
ing to their official act". He shall be Clerk of the City Court, and as such shall
have charge of, and faithfully keep, all books, records and papers whatsoever
belonging to the said Court, and do all other acts and duties which he may law-
fully be required to do and perform as Secretary of said Board or Clerk of said
Court, and for his services he shall receive such fees as the District Clerk
receives for similar services, and such other compensation, as the Board of
Aldermen shall deem sufficient.
Sec. 15. That the Marshal shall be the Chief Constable of the said city, and
shall, either in person or by one of his deputies, attend upon the City Court
while the said Court may be in session, and shall faithfully execute all process
issued from the said court. He shall be active in quelling riots, disorders and
disturbances of the peace within the limits of said city, and shall take into
custody all persons so offending against the peace of the community, and him,
her or them, have before the City Court, if in session ; if the said court be not
then in session, the said Marshall shall commit the person, or persons so offend-
ing to the city jail, there to be securely kept in custody until the City Court
hall be in session, when he, she or they, shall forthwith be taken before the said
court, there to be fined and punished according to the laws of the city and the
sound discretion of the court, Provided, That said Marshal may, at his discre-
tion, take suitable and sufficient bail, for the appearance before the City Court,
of any person charged with an offence against the ordinances or laws of the
city, being himself responsible for the appearance of said accused. The said
Marshal, for the more efficient discharge of his duties, may appoint one or
more deputies, who shall have the same powers and perform the same duties a*
the Marshal has or should perform, the said Marshal being responsible for the
fathful performance of their duties by his said deputies ; and for his services
the Marshal shall receive the same fees as the Sheriff of the county does by
law receive for like services, and such other compensation, if necessary, as the
Board of Aldermen may deem sufficient.
Sec. 16. That the Superintendent of Streets shall supervise all work under-
taken by the Board of Aldermen upon the streets, alleys and public squares of
the city ; direct the grading of the same and the construction of sidewalks, so
as to preserve a due uniformity in their height and width ; inspect the draining
and filling up of all such lots and low grounds as may be ordered by the City ;
superintend the building of all culverts and bridges ; control all gangs of
workmen employed by the City upon the streets ; and remove all obstructions
that may be unlawfully put in any of said streets, alleys, squares or other
public thoroughfares, and generally do all other acts and things which the
the Board of Aldermen may lawfully require of him, and for his services shall
receive such stated salary as the said Board may determine.
Sec. 17. That such other officers, as may be created by the Board of Alder-
men, under the third section of this act, shall have such powers, perform such
duties, be subject to such penalties and receive such compensation as the Board
may direct, and the said " City of Galveston " shall always be responsible
to any person, or persons, for any trespass, wrong, injury or damage done to
such person, or persons, contrary to law, by any of the officers of said City
under color or pretence «f his office, and the said City of Galveston may be
amerced in damages for the same in any suit, or suits, brought against the said
City, in the courts of this State.
Sec. 18. That for the more efficient discharge of their several duties, the
Mayor, and the Recorder of said City, shall be ex officio Justices of the Peace
13
and as such, they, aud each of tbem, shall take cognizance of all crimes and
misdemeanors under the laws of this State, committed within the limits of said
City, and do and perform all other acts and duties which a Justice of the Peace
may lawfully do, except that they shall, in no case, ontertaiu jurisdiction over
civil suits. And the said Mayor, the Recorder and the Marshal and his depu-
ties, are hereby fully authorized and empowered to call to their aid, the assist-
ance of any person resident in the said city, whenever, in the discharge of their
several duties in cases of riot, disorder, breach of the peace, or resistance to
their lawful authority, they may need the same ; and any person, or persons,
who shall, when so called upon, neglect or refuse to render his assistance, shall,
on conviction thereof in the City Court, be liable.to such tine, not exceeding one
hundred dollars, and such imprisonment, not exceeding ten days, as the said
court shall, in its sound discretion, impose.
Sec. IV- That whensoever a vacancy shall occur in the Board of Aldermen, or
any other office in said city, by death, resignation, removal, or otherwise, or
whensoever, from any cause, the regular elections shall not be held at the proper
time, the Board of Aldermen may, and shall, as soon as practicable thereafter, order
an election to fill such vacancy, or to supply the place of such omitted election,
and the said election, so ordered, shall be conducted, in all things, in the same
manner as hereinbefore prescribed for the regular elections. And in case of the
sickness of any officer, and until the vacancy shall be filled by such election,
the Board of Aldermen are hereby fully authorized and empowered to appoint,
other persons (if it be the office of Mayor, from their own body, and if any
other office, from without their body,) to fill such office until such sick person
shall recover, or such vacancy be filled by election by the people, or by the
Board of Aldermen ; and the person so appointed shall have the same powers,
perform the same duties, be subject to the same penalties, and receive the same
compensation for the time being, as if he had been duly elected to said office.
Seo. 20. The Board of Aldermen shall hold their regular meetings on the
first and third Mondays of each and every month, and may meet at any other
time that the Mayor shall, in his discretion, call them together, or any three
of themselves shall deem necessary. Each member of said Board shall receive,
for every regular meeting which he shall at'end. the sum of three dollars, any
any member who shall fail to attend a regular meeting, shall, for each and every
such failure, be fined three dollars, unless prevented from attending by sickness
of himself, or in his family ; and no member of said Board shall be appointed
to any employment, contract or office under the said corporation, except to the
office of Mayor pro tempore, as provided in the next preceding section.
Skc. 21. That all real estate, which may be sold by, or under the direction
<-,f the corporate authorities of said city, for taxes, or to pay the expenses of
draining, and filling up the same, as provided in the eleventh section of this
act, may be redeemed at any time within two years from the date of sale, bv
the proprietor, his heirs, executors or administrators, paying to the pure!
thereof, his representatives or assigns, or depositing with the Assessor and
Collector, for his or their benefit, double the amount of the purchase money
and of the taxes which he, or they, may have subsequently paid thereon ; nor
shall any title issue to said purchaser before the expiration of said two years,
but only a certificate of purchase, saving, nevertheless, to infants femes e
and persons non compos men/is, in addition to the two years, the period of
if incy, coverture, or mental disability.
Sec 22 That in any suit or action, in any court in this State, in which the
laid City of Galveston shall be a party, it shall be no exception to the compe
^n^y of a witness, that he is an inhabitant of, or the owner of taxable property
in Iho said City ; and all writs, notices, and other process served upon the
Mayor, or the person acting in his stead for the time being, shall be deemed to
be served upon the City of Galvc-t m.
BlC. 23. That all laws, and parts of law;, heretofore passed in relation to
tho Incorporation of the Cily of Galveston be, and the same are hereby repealed .
Provided, - , Thai all ordinances, laws and by-law- pawed by the
14
corporate authorities of said City under said act.*, and which are now in force,
shall remain in force until the same are altered, amended or repealed by the
said authorities under the present act ; nor shall auy thing in this act contained,
be so construed as to alter or impair any contract or obligation which may
heretofore have been entered into by the duly constituted authorities of said
City, but all such obligations and contracts, and all debts and liabilities due
and owing to and from the said City, shall be and remain to all intents and
purposes as binding upon the parties as if this act had not been passed.
Sec. 24. That so much of this act, as relates to the City elections shall go
into effect from and after its passage, and the next annual election shall be held
under the provisions of the same ; and that this act go into operation, in all its
parts, from and after the day ot said election.
Approved December 9th, 1803.
CHAPTER XIII.
AN ACT for the relief of the lieirs of Francis L. Toncanj
Section 1. Be it enacted by (he Legislature of the State of Texa*, That the
Commissioner of the General Land Office be and he is hereby authorized and
required to issue to the heirs of Francis L. Toncary, a bounty certificate for six
hundred and forty acres of land ; said certificate, when issued, shall be located.
surveyed, and patented, as other certificates of like character.
Sec. 5. That this act take effect from and after its passage.
Approved December 8th, 1803.
CHAPTER XIV.
AN ACT for the relief of George E. Burney.
Section 1. Be it enacted by the Legislature of the State of Texas, That the
sum of six hundred dollars, in Confederate money, be and the same is hereby
appropriated to reimburse George E. Burney, for actual expenses incurred by
him in going to the State of Mississippi, by order of the Governor, to demand
the delivery of George B. Payne, William Payne, Hezekiah Payne, and John
T. Berry, fugitives from justice, charged with forging and uttering counterfeit
Confederate Treasury notes.
Sbc. 2. That this act take effect from its passage.
Approved December 11th, 1863.
CHAPTER XV.
AN ACT to incorporate San Saba Masonic College.
Section 1. Be it enacted by ihe Legislature of the Slate of Texas, That " San
Saba Masonic College," in San Saba county, be incorporated, and that John W.
Hudson, J. B. Harrell, John H. Brown, J. S. Williams, and William Thaxton,
and their successors, be and they are hereby constituted a board of trustees for
said College, and they and their successors made a body corporate, capable
in law of suing and being sued ; they shall have succession and hold property
to the value of twenty thousand dollars, and shall have a common seal, and
do all things necessary to carry out the designs of said incorporation in the
maintenance of a good Collegiate School in San Saba county : Provided, the
privileges granted in this act shall continue in force for twenty-five years, and
no longer. ,';;•';.
Sec. 2. That said College shall be under the general direction, supervision
and patronage of the Masonic Lodge, No. 225, at San Saba ; but no religious
test or qualification of any kind whatever shall be a requisite, in order to
,!>ecome a trustee, prudent, professor, or strident. 5n said College.
15
Skc. 3. That whenever a vacancy shall occur, from any cause, in the board
of. trustees, the board shall have power to fill it ; and. at any time hereafter,
the bo. nil may increase their number, not to exceed nine, subject, however, to
the ratilication of the Masonic Lodge, No. BZ6, at San Saba.
Sec. 4. That the trustees shall have power, by the president and faculty ol
said College, to grant and confer such degree or degrees, in arts and sciences
and learned professions, to the students of said College, and to other persons
worthy thereof, as are usually granted and conferred in other Colleges in the
Confederate States, and to give certificates thereof, or diplomas, signed by them
and sealed with the common seal of the trustees of the College, to authenticate
and perpetuate the memory of such graduations.
Ski'. •">. That no misnomer of said College shall defeat or annul any gift,
errant, device, or bequest, to the same.
Sec. 6. That this act take etl'ect and be in force from and after its passage.
Approved December 11th. 1863.
CHAPTER XVI.
AM A< T amendatory of -'An Act to amend a Joint Resolution, entitled 'Jour.
Resolution for the relief uf //',-: heirs ami a&signtes of Benjamin D. ]\'obk*.
■./.'" approved J.hvtiuber 'Hat, 1849.
Section 1. Bt it enacted by the Legislature of the Stale %f Texas, That the first
section of the above recited act shall hereafter read as follows : That the first
section of the above recited Joint Resolution bo and the same is hereby amended
so as to read as follows : That the Comptroller be and he is hereby authorized
to receive the amount due on lots number one and three, in block number
sixty-seven, and lot number twelve, in block number fifty-five, in the city of
Austin, from the legal representatives of Benjamin D. Nobles, deceased ; ami.
upon the receipt thereof, that he issue the usual certificate for patent.
SArj. -'. That this act take effect from and after its passage.
Approved December 11th. ISO*.
CHAPTER XVII.
AN ACT to incorporate the Parsons Female Seminary.
Section 1. Be. it enacted by the Legislature <>f (}lf Slate of Texas. That E. L>.
Towns. T. M. Rector, N. S. Rector. Isaac Wildbahn, Edward Harrington, Jame-
Manor, Joseph Barnhart, trustees of the l'arsons Female Seminary, situated in
the county of Travis, be and are hereby created a body corporate, under the
name and style of "The Board of Trustees of the Parsons Pema'e Seminary,'
and by that name sue and be sued, plead and be impleaded, enact by-law -
rules and regulations, purchase, take, hold, and enjoy, all property of every
and all kinds, for the benefit of the said institution ; to convert said property
into money, and dispose of the same : and shall have a common seal for the
transaction of its business.
Skc. 2. That the rights and privileges herein granted shall extend to the
trustees named in the preceding section and their survivors, and to no oth<v
persen. In the event of the death of one or more of said trustees, all the right
and privileges, granted by the provisions of this act, shall be taken, exeroi
and enjoyed, by their survivors : and, on the death of all t!
the corporation herein created shall become extinct.
Sec. 3. That the board of trustees shall have power, upon the recorr.r:
"f the faculty, to confer degrees in the arts and sciences upon the grad> .
of said Seminary, and upon such other persons as they may deem worthy.
give diplomas of the same, by the president and faculty of tlie Semin; •
tbe president of the board of trustee*.
me. 4. That all donations or beq • 1 Seminary shall be good i
16
binding, although the corporate name may have not been properly slated by
the person making such bequest or donation.
Sec. 5. The board of trustees may elect from their own number, under such
rules and regulations as they may adopt, and for such terms and times as they
may see proper, a president, secretary, and treasurer, or any other officer or
agent, necessary in the board ; they shall also have the power to construct,
enlarge, or alter, or remove, all necessary buildings for the purpose of said
Seminary, and to do all things necessary to the proper conduct and manage-
ment of said Seminary, not contrary to law or inconsistent with this charter.
Sec. 6. That this act take effect and be in force from and after its passage.
Approved December 14th. 1863.
CHAPTER XVIII.
AN ACT to validate the official acts of Joseph WaUis, as Notary
Public of Washington county.
Skctiox 1. Be it enacted by the Legislature of the State of Texas. That the
official acts and deeds of Joseph Wallis, acting as Notary Public within and for
Washington county, from and after the 9th day of March, A. D., 1861, and before
the 21st day of November, A. D., 1863, be and the same are hereby declared to
be as legal and valid* to all intents and purposes, as though he had been duly
nominated and confirmed, as the law requires.
Sec. 2. That this act take effect and be in force from and after its passage.
Approved December 14th, 1863.
CHAPTER XIX.
AN ACT to incorporate the Rusk County Iron Company.
Section- 1. Beit enacted by the Legislature of the State of Texas, That William
Davenport, W. W. Morris, Taylor Brown, William L. McMurray, R. W. McClane,
A. S. Hayter, John Borham, John Buckner, and W. W. Bell, citizens of the
State of Texas, their associates and successors, be and they are hereby created
a body corporate and politic, under the name and style of " The Rusk County
Iron Company," with capacity to own property, real, personal and mixed, in
Mich quantities as may be necessary for the legitimate purposes of this cor-
poration, to make contracts, have a common seal, establish by-laws for its
government, and. in their corporate name, to sue and be sued, to grant and
receive, and generally to do and perform such things and acts as may be essen-
tial and incident to the fulfilment of their objects, or the maintenance of then-
rights under this act, and not inconsistent with the constitution of this State.
Sec. 2. That said company is hereby created with the right to erect, own,
maintain, and carry on, a manufactory of iron and steel of every description
whatever, and all other articles of which iron or steel forms a part, at such
place or places as said company may select, in the county of Rusk.
Sec. 3. The capital stock of said company shall be divided into shares of
one hundred dollars each, and the holders of said shares shall constitute said
company, and the capital stock of the company shall not exceed five millions
of dollars.
Sec. 4. The business of said company shall be conducted by a board of
directors of not less than three nor more than five, chosen by the stockholders
out of their number, at such time and place as the corporators herein mentioned,
or a majority of them, may prescribe, and annually thereafter : Provided, That
in case of failure to elect at the stated time, the board of directors incumbent
shall hold their office until there be an election, the time and place for which
may be fixed by said board, of which there shall be reasonable notice, of not
less than twenty days.
17
Sec. 5. That no person shall be eligible as director, unless he be a member
of said company. The board shall elect from their number a president, fill
vacancies, and appoint such officers as they may deem necessary, and exact
security for the faithful performance of their duties, and fix the time for the
payment of all instalments, to declare forfeitures of stock for non-payment, and
to do and perform all things which they may deem necessary to a successful
prosecution of the business of the company. A majority of said board of
directors shall constitute a quorum for business.
Sec. 6. The members of said company shall be entitled to the benefits of
any bonus, loan, or other benefits, that may be granted to companies, or to
individuals, who engage in the manufacture of iron, by any law passed by the
Legislature.
Sec. 7. That the parties named in the first section of this act. are hereby
invested with the right to organize said company, and that this charter shall
expire at the expiration of ninety years from the passage of this act.
. 8. This act shall take effect from its passage.
Approved December 15th, 1863.
CHAPTER XX.
AX ACT to incorporate the Sequin Mutual Aid Association.
Section- 1. Be it enacted by the Legislature of the Stale of Texas, Tdat the
officers and members of the Seguin Mutual Aid Association, as now organized,
be and they are hereby constituted a body corporate and politic, under the
name and style of " The Seguin Mutual Aid Association,'- and by that name
they and their successors are declared capable in law of suing and "being sued,
in any of the Courts of this State, of holding property, real, personal and mixed,
of selling and conveying the same at pleasure, of having a common seal, and of
doing and performing whatever may be proper and necessary to be done for
the conducting of a general mercantile establishment, not contrary to the con-
stitution and laws of this State.
Sec. 2. That the officers and members of said association may enact such
by-laws for their government as they may. from time to time, deem necessary
and proper, and shall have all such rights and privileges as are by law incident
to, or necessary for, corporations of a similar character; and that this act take
effect from and after its passage, and slnll continue in force until one year after
the close of the war between the Confederate States and the I'nited State1.
Approved December loth, l6t>:i.
CHAPTER XXL
AN ACT to incorporate the Gonzales Mutual Aid Association.
Section 1. Be it enacted by the Legislature vf the Slate of Texas, That the
officers and members of the Gonzales Mutual Aid Association, as now organized,
be and they are hereby constituted a body corporate and politic, under the
name and style of " The Gonzales Mutual Aid Association," and by that name
they and their associates and successors, on such legal terms as they may adopt
for the purposes herein stated, shall be a corporate body, by the name of " The
Gonzales Mutual Aid Association," and in that name shall have all the ordinary
privileges of a corporation.
Skc. 2. The busincsg of the Association shall be to furni' i - iries for its
members, for families and other dependents of officers and soldiers who have*
been, or may be. in the service of either the Confederate or State Government,
and for general market, at prices which shall not exceed the aggregate of cost,
and twenty-five per centum thereon, allowing for current rates of exchange,
3. For accomplishing said objects, the association may trade in any
suitable manner.
18
Sec. 4. The capital stock may be one hundred and twenty thousand dollars,.
or any less amount, in shares of one hundred dollars, or any less amount, as the-
association may determine.
Sec. 5. This act shall be in force from and after its passage, and remain h*
force for twelve months after the ratification of a treaty of peace between the-
Confederate States and the United States.
Approved December 15th. 1863.
CHAPTER XXII.
AN ACT to relieve Joseph A. Black from the disabilities of minority .
Section 1. Be it enacted by the Legislature of the State of Texas, That Joseph
A. Black, of Brazoria county, be and is hereby relieved from the disability of
minority, and empowered to contract, and do, and, perform all acts, as it' be-
wer^ or full age : and that this act take effect and be in force from and after it&
pas? ige.
Approved December 15, 1863.
CHAPTER XXIII.
AN ACT to authorize the Comptroller to issue a duplicate ten per
cent. Treasury warrant.
Section 1.. Be it enacted by the Legislature of the State of Texas, That the
Comptroller is hereby authorized to issue, to the original parties, a duplicate
ten per cent. Treasury warrant, No. 1521, of date March 19th, 1861 : Provided,.
the same has not already been returned to the Treasury, or been cancelled and
other warrants without interest, been issued in lieu thereof.
Sec. 2. That before the Comptroller issues a duplicate, a bond shall be filed
with him, conditioned that, in the event of the original being presented, the
parties shall indemnify the State.
Sec. 3. That this act take effect and be in force from its passage.
Approved December 15th, 18C3.
CHAPTER XXIV.
AN ACT for the relief of Carey Watson and his assigns.
Section 1. Be it enacted by the Legislature of the State of Texas, That the
Commissioner of the General Land Office is required to issue a patent for three
hundred and twenty acres of land to Carey Watson, or his assigns, in a survey
made by virtue of unconditional certificate, No. 42, located within the Mem-
phis, El Paso and Pacific railroad reservation, in the same manner as if the
field notes had been returned within twelve months after the date of survey :
Provided, said certificate is genuine, and that the file for the appropriation of
said land was made before the date of reservation of said land from location.
Sec. 2. That this act take effect and be in force from its passage.
Approved December 15th, 18C3.
CHAPTER XXV.
AN ACT to ascertain and establish the dividing line bcliceen Falls
and Limestone counties.
Section 1. Be it enacted by the Legislature of the State of Texas, That the-
Chief Justice of Falls county be and is hereby authorized, at any time before-
the first day of April, 1864, to appoint one commissioner to act on the part of
said county, and shall immediately notify the Chief Justice of Limestone county
19
of snob appointment. Upon the receipt of such notice, it shall be the duty of
the Chief Justice of said Limestone county to appoint a like commissioner, to
act on the part Of Limestone county. The two commissioners 80 appointed
shall, within one month after their appointment, select a third ; and the tuiee,
so appointed and selected, shall, upon the first day of June. 1804, procure said
line to be run and marked by such competent surveyor as they, of a majority
of them, may select.
Sec. 2. In order to ascertain said line, said commissioners and surveyor shall
commence at the upper corner of league No. 5. in the name of L. B. Franks, on
the west bank of the Brazos liver, and run thence north, sixty degrees east,
fourteen miles ; thence south, thirty degrees east, to the boundary of Robertson
county.
Sec. 3. Should said line not be run and marked, as provided for in the pre-
ceding sections in this act, by the first day of June, 18G4, then, and in that
event, the line heretofore run and marked by Thomas J. Oliver, District Sur-
veyor of Robertson Land District, (a plat and field note of which are on file in
the County Clerk's office of Limestone county,) shall be deemed and held to be
the true and established line between said counties, unless the failure to have
said line run and marked, as herein provided, by the first day of June, 1864,
shall have been caused by the neglect, or refusal, of the Chief Justice or com-
missioner of Limestone county to co-operate with the Chief Justice or commis-
sioner of Falls county.
Sec. 4. The surveyor herein provided for. upon completing said survey,
shall make out a plat and the field notes thereof, in duplicate, and deliver a.
copy to each of said Chief Justices.
Sec. 5. The expenses of making said survey shall be paid, in equal propor-
tions, by each of said counties.
Sec. (i. This act shall take effect and be in force from and after its passage.
Approved December 15th, 1SG3.
CHAPTER XXVI.
AN- ACT to provide for the organization of McMallcn comity, and io attach Hit
same to the Fourteenth Judicial District.
^ Section 1. Be it enacted by the Legislature of the State of Texas, That within
sixty days from the passage of this act, or so soon thereafter as practicable, the
Chief Justice of Live Oak county shall order an election to be held in the
county of McMnllen for county officers, by giving at least twenty days notice
of the time and places of holding the same, and designating presiding officers.
The presiding officers at such election shall swear the managers and shall them-
selves be sworn by the judges ; said election shall be governed by the General
Election law ; shall be returned to the officer ordering the same ; and said
returns opened by him not sooner than the tenth, nor later than the twentieth,
day after said election ; he shall is=ne certificates of election to the officers
elected, and administer to the Chief Justice elect the oath of office; and said
Chief Justice shall, immediately thereafter, administer the oath of office to the
other officers elect in the county, shall organize the County Court and co mplete
the <iualification of officers and the organization of the county, and make a return
to the Secretary of State of the names of the officers elected, and the fact of
their qualification, certifying thereto under his hand and seal of the Court.
Sec. 2. That immediately after the organization of the County Court, said
Court shall select, not exceeding three, places suitable for a county seat, within
five miles of the centre of the county, having due respect to donations or other
advantages, and shall order an election for county seat, giving at least twenty
days notice thereof, which election shall be conducted under the General Elec-
tion laws, and the returns made to. and opened by, said Court, on the tenth day
after the election. The place receiving a majority of all the votes cast shall be
the county seat; and. if neither place shall receive a majority of all the votes
cast,, a second election shall be immediately ordered between the two places
having the largest namber, in the same manner as aforesaid ; and the final result
of said election shall be entered in the minutes of the County Court, and a
decree entered by them declaring the result, and giving the Dame adopted by
them for said county seat ; a copy of which decree shall be forwarded to the
Secretary of State.
Sec. 3. The County Court shall have the power to acquire ,by donation,
purchase, or otherwise, land for a county site, at the point selected as herein
provided, not to exceed three hundred and twenty acres; or, should the point
selected be upon vacant public domain, then the State hereby relinquishes the
same, not to exceed three hundred and twenty acres, to such county ; and, upon
the return of the field notes thereof, certified as correct by a lawful surveyor, a
patent shall be issued to the county for the same ; and the Court shall proceed
to lay out the land, acquired under this act, into lots, blocks, and streets, setting
apart ground for public purposes, churches, school-houses, and cemeteries ; and,
after giving at least twenty days notice, sell the same at such times, and on
such terms, as said Court may deem best for the interest of the county. The
proceeds of all such sales shall be appropriated exclusively to the erection of
public buildings. Should all, or any portion, of said lots be sold on a credit,
the county shall hold a lien on the same, to secure payment or reversion of the
land to the county, in case of non-payment.
Sec. 4. That said county of McMullen, until organized, shall be attached to
Live Oak county for judicial, revenue and military purposes, and, when organ-
ized, shall be attached to the fourteenth judicial district. All laws and parts of
laws, conflicting with the provisions of this act, are hereby repealed ; and this
act shall take effect and be in force from and after its passage.
Approved December 15th, 1863.
CHAPTER XXVII.
AN ACT to incorporate the Comal Oil Company.
Section 1. Be it enacted by the Legislature of the Slate of Texas, That Herman
Iken and his associates, and successors, be and they are hereby crealed a body
corporate and politic by the name of "The Comal Oil Company," with power
to sue and be sued, plead and be impleaded, to acquire, bold and convey prop-
erty, real and personal, to have succession, and a common seal, and do such
other things as are necessary to carry out the purposes of this act.
Sec. 2. The said corporation shall have power to erect and use buildings
and machinery for the manufacture of oils, and of such other useful articles as
shall not be prohibited by law : Provided, That said property shall never exceed
in value one hundred thousand dollars.
Sec. 3. The capital stock of said company shall consist of shares of five hun-
dred dollars each, which may be issued to the number of two hundred, the
shareholders shall make by-laws for the government of the affairs of the com-
pany, and create such board of management as they think proper.
Sec. 4. That this act take effect from its passage, and continue in force for
twenty years.
Approved December loth, 1863.
CHAPTER XXVI II.
AN ACT to incorporate the East Texas Manufacturing Company.
Section 1 . Be it enacted by the Legislature of the State of Texas, That William
M. Freeman. Asa W. Wright. Martin D. Rogers, Bailey Johnson, John Wilkes,
M. F. Locke, and S. W. Beasley, and their associates, be and they are hereby
incorporated a body politic, under the name and style of "The East Texas
Manutactuiing Company." for the purpose of manufacturing cotton and woolen
21
goods, spinning of thread, and other fabrics for home or public use, and to per-
form all other acts and things necessary to the successful prosecution of the
objects of the association, to hold real and personal property, to sue and be
sued, plead and be impleaded, and take all other legal ways and means to carry
out the objects of said corporation.
Sec. 2. The capital stock of said company shall not exceed the sum of two
hundred thousand dollars, and may be invested in any way best calculated to
insure the successful prosecution of the business of the company, who shall
have the right to locate their manufactory at any point not over one hundred
miles from the town of Jefferson, in Marion bounty, in this State. The parties
named and appointed by this act, are hereby invested with the rights and power
of directors, until directors are elected or chosen by the stockholders, when the
power of said directors shall cease.
Sec. 3. When twenty-five thousand dollars of the capital stock is subscribed
on the books of the company, the directors shall proceed to organize said com-
pany by calling the stockholders together and dividing the capital stock into
shares of one hundred dollars, each share entitling the owner thereof to one
vote, by himself or by written proxy ; any stockholder may transfer his or her
stock in writing, properly attested, which may show that the stock has changed
hands.
Sec. 4. The government of the affairs of said company shall be vested in a
board of five directors, a majority of whom shall constitute a quorum for the
transaction of business ; the stockholders shall elect one of their number presi-
dent of the company. The directovs shall give at least ten days notice to each
stockholder of the time and place of election of new directors and president,
who shall be chosen from among the stockholders, and hold their office for two
years, and have the power to till any vacancy that may occur in their board,
until the next regular election ; they shall also have power to appoint such
other officers as they may find to be necessary, and require bonds for the faith-
ful performance of their several duties ; the books of said company shall be
open to inspection of the stockholders at all limes.
Sec. ,r>. The board of directors shall be convened by the president, who
shall preside at all meetings of the board and stockholders, and, in his absence,
a president pro tern, may be elected
Sec. (1. Any stockholder failing or refusing to pay in his stock, or any
instalment, after ninety days notice from the directors, without good cause
shown. said stock shall be forfeited to the company, together with all instal-
ments previously paid ; no stockholder shall be liable for any debt or liability
of said company for more than the amount; of stock subscribed by him.
Sec. 7. The rights, powers, privileges, and immunities, hereby granted and
conferred under this act. shall remain in force for the term of twenty-five years.
Sue. 8. This act shall take effect ffOffl and after its passage.
Approved December 15th, LfcS63.
CHAiPTER XXIX.
AN ACT to incorporate //'/•' Paluiby and Hraz<>< Sulphur, Nitrt
and Powder MdnujfhcturiHg Company.
Section 1. /. ed by the Legislatvre of tht. ,ii'.i!e of Te.tas, That John
M. McKeynolds, 13. O. McRejnolds, Shelby Sfcanfield, Jackson berry, David
McPhail, George Martin, Edward Pugh, AA& M. Wright, and .Martin L>. Rogers,
and their associates and successors, be and the Bathe are hereby declared and con-
stituted a body politic, under the name a;id style ol "The 1'aluxy and Brazos
Sulphur, Xittf and Ponder Manufacturing Company, " with capacity to own
property, both real and personal, to make contracts, to have BUCOflfMnon and a
common seal, to make by-laws for it- government, and. in its corporate name,
to sue and be sued, to srrant and ad generally to do and perform such
acts and things peceecary and proper for, and incident to. the fulfilment of its
22*
objects, or maintenance of its rights under Ihis act, and consistent with the
provisions of the constitution of the State of Texas.
Sec. 2. That the said company be and is hereby established, with the right
to erect, own, maintain and operate a Nitre, Sulphur and Powder Manufactory,
and other articles of a like nature, and derivable from ores, or earths, contain-
ing nitre, sulphur, or their acids, separately or conjointly, at such place or
places as said company may elect.
Sec. 3. That the capital stock of said company shall be divided into shares
of one hundred dollars each ; and the holders of said shares shall constitute
said company; and said capital stock shall not exceed fifty thousand dollars.
Sec. 4. That the affairs and business of said company shall be conducted by
a board of directors, not less than three nor more than five, who shall be elected
by the stockholders at their organization under this act. and annually thereafter :
Provided, That in case of failure to elect at the stated time, or times, that the
board of directors incumbent shall continue in office until there be an election,
the time for which may be fixed by said board, whereof reasonable notice shall
be given.
Sec. 5. That no person shall be eligible as a director, unless he be a member
of the company. The said board shall elect a president from their number, fill
vacancies, and appoint such officers as they may deem necessary, and require
security for faithful performance of their respective duties ; also, prescribe the
time for payment of instalments and assessments on stock, and to declare tbe
forfeiture of for nonpayment of stock ; and to do generally, or cause to be
done, all other acts and things which they shall deem proper in conducting the
business of said company ; a majority of the board of directors shall constitute
a quorum to do business.
Sec. 6. That the parties named in this act are hereby appointed commis-
sioners and invested with the right of organizing said company, and that this
charter shall expire at the end of twenty-five years from the passage of this act ;
and for that period the commissioners, or their associates and successors, named
in this act,, shall have the right to work and operate any mine or mines, cave or
■caves, reserved to the State, free from charge, let, or hindrance, on the part of
the State of Texas.
Sec. 7. That this act take effect from an Apfter the date of its passage.
.Approved December 15th, 1863.
CHAPTER XXX.
AX A<T to authorize the Comptroller of the State to issue to A. B. Cromer
duplicate ten per cent. Treasury warrants.
Section 1. Be it enacted by the Legislature of the State of Texas, That the
Comptroller be and he is hereby authorized to issue to A. R. Crozier duplicates
for the ten per cent. Treasury warrants No. 3163, dated July 22d, 1861, and
Nos. 3S35 and 3837, dated October 22d, 1861.
Sec. 2. That said Crozier shall be required to produce evidence to the
satisfaction of the Comptroller, that he is the just and rightful owner of said
warrants, and that he has not sold, transferred or assigned the same ; aDd shall
also execute and file with the Comptroller a bond, in double the amount of the
warrants, with two or more good and sufficient sureties, to indemnify the State
against any other claim that may be set up against tbe State on account of said
warrants.
Sec. 3. That this act take effect and be in force from and after its passage.
Approved December 15tb, 1863.
23
XXXI.
^AN ACT to incorporate the Hempstead Manufacturing Company.
Section 1. B" it enacted by the Legisldhlre of the State of Texas, That U.S.
Hubby, A. \ Vise and W. W. Williams, of the State of Texas, their associates
Mid successors be. imd are hereby constituted and declared to be a body politic
and corporate, uuder the name and style of the Hempstead Manufacturing
Company, with capacity to own propeity, real and personal, not exceeding
three hundred thousand dollars in value ; make contracts ; to have succession ;
a common seal ; to make by laws for its government, and, in its corporate
name, sue and be sued j to grant and receive, and generally to do and perform
such acts and things as may be necessary and proper for, or incident to, the
fulfillment of its objects, or maintenance of its rights, under this act. and con-
sistent with the provisions of the State Constitution.
Sec. 2. That the said company be, and is hereby established, with the right
to erect, own, maintain and carry on. an establishment for the manufacture of
wool rolls, blankets, woolen and cotton cloth, spinning jinnies, spinning
wheels, looms, reels, fire-arms and other articles of prime necessity, separately
or conjointly, at Hempstead, or such place, or places, as said company may
select ; that said company also have the privilege of running a Grist Mill in.
connection with the above mentioned business, when it does not interfere with
the successful operation of the manufacturing department.
Sec. 3. That the parties named in this act, are hereby invested with tho
right of holding as many wagons and teams as may be necessary to carry on
the successful operation of said manufactory.
Sec. 4. Be it further enacted, That said company be allowed, for the successful
prosecution of said business, the following named competent hands, to-wit :
A. Gurbmett (engineer), A. Oswald (blacksmith), David Myers (wood-workman),
William Wolf (weaver), A. Lendeman (wood-workman), W. C. Harney (wood-
workman), and all other hands which they may employ in said factory, to be
exempt from military duty so long as they shall be employed in said manu-
factory, and so long as said factory shall turn out a reasonable number of
the articles herein mentioned, aud are not sold for more than seventy-five per
cent, above cost.
Sec. 5. That this act take effect and be in force from and after its passage,
and remain in force for 20 years.
Approved December 16th, lbGo.
CHAPTER XXX II.
A*N ACT for the relief of flii hef,r& of Miron B. Crawford.
Section 1. Be it enacted hy the Legislature of the Stale of Texas. That the
■Commissioner of the General Land Office be, and he is hereby authorized and
required, to issue to the heirs of Miron D. Crawford, deceased, a certificate for
three hundred and twenty acres of land, which said certificate may be located
and surveyed u other genuine certificates,
Seo. 2. That this act take effect and be in force from and after its passage.
Approved December ltith. ,
CHAPTER XXXIII.
AN ACT to incorporate th Snmt Manufacturing Company.
^ Eta nos 1. Be U enacted by 0 v 0f Texas. That Francis
P. wood, of Brazos county, Charles Cooper and Henry E. Lockets, ol Wash-
ington county. R. II. Taylor, of IJonham. State of Texas, and Thomas F. Lock*
f'f the State of Missouri, and the rs, be, and they are
hereby declared to be a body corporate and politic, under the name and stvle
of the Brazoa Manufacturing Company, with capaeitv to make contracts :* to
24
have succession and a common seal ; to make by-laws for the government and
regulation ot its affairs, and in said corparate name to sue and be sued ; to buy,
receive and possess moveable and immoveable property, and to sell, alienate
and dispose of the same, and generally to do and perform,, all such acts and
things as may be necessary and proper for, or incident to, the fulfillment of its
objects, or the maintenance of its rights under this act, and consistent with
the Constitution of this State. *
Sec. 2. The said Company shall have the right, power and authority to own,
erect, establish, maintain and operate, machinery and buildings, with all neces-
sary fixtures, on the Brazos river, or its tributaries, for the manufacture of
cotton and woolen goods or such other articles as said company may, at any
time, choose to manufacture.
Sec. 3. The capital stock of said Company shall be not less than one million,
nor more than two million dollars, to be divided into shares of one thousand
dollars each, and the holders of said shares shall constitute said company, and
each member shall be entitled to one vote in person, or by written proxy, for
each and every share, he, or she may own upon the books of the company, and
under such rules and regulations as may be from time to time prescribed by
the by-laws of said company.
Sec. 4. The capital stock of the said company shall be transferable only
upon the books of said company, in such a manner, and subject to such regula-
tions, as a majority of the stockholders may from time to time prescribe.
Sec. 5. All the corporate powers of the company shall be exercised by a
board of directors, composed of not less than three, nor more than nine stock-
holders, to be elected on the first Tuesday in January, of each year, at the
office of the said company, Provided, The first election may be held in the
town of Washington, immediately after the organization of the said company,
and the board so elected, shall continue in office until the first annual election
thereafter, and until their successors are elected ; in all elections those persons
who shall receive a plurality of votes, shall be considered elected, and in case
of failure to elect at the stated time, the board of directors, then in office, shall
continue until the next annual election.
Sec, C. The Board of Directors shall elect a President from their number,
fill vacancies, and appoint such other officers and agents as they may deem
necessary, and remove the same at pleasure, and require security for the faith-
ful performance of their duties ; said board shall also prescribe the time for
the payment of instalments or assessments upon stock, and the amounts of such
assessments and instalments ; shall have the right to declare the forfeiture of
such stock for non-payment, and do, or cause to be done, all other acts and
things, which they may deem necessary, or proper, in conducting the affairs of
the company. A majority of said Board of Directors shall constitute a quorum
for doing business, and the board shall have the right to appoint a Vice-Presi-
dent from their number, to act in case of the absence of the President.
Sec. 7. All instruments of writing executed by the President, or in his
absence, by the Vice President, and by the Secretary, under the Heal of the
company, with the consent of the board of directors, shall be valid and binding
on the company.
Sec. 8. This act shall take effect and be in force from and after its passage,
and continue twenty-five years, Provided, That no benefits shall accrue under
the provisions of this act, unless the manufactory shall be put in successful
operation within three years from the passage of this act.
Approved December lGth, 1863.
CHAPTER XXXIV.
AN ACT for the relief of theTonkaway Indians.
Section 1. Be it enacted by the Legislature of the State of Texas, That the
sum of twenty Ihousand dollars, or so much thereof as may be necessary, is
25
hereby appropriated out of any funds, not otherwise set apart., in the Treasury,
for the support of the Tonkaway Indians.
Sec. 2. That the sum herein appropriated, is for the purpose of enabling a
settlement of the accounts of the officers of the Frontier Regiment, who have
furnished provisions to said Indians since the 23d day of August, 18C3 ; and to
provide for the purchase of provisions and blankets for said Indians, until such
time as they may be provided for by the Confederate States Government.
Sec. o. That while these [ndiaas remain in Texas, and remain unprovided
for by the Confederate States, the Governor be authorized to have the warriors
employed on the frontier, with the frontier organization, at the same rate of
pay allowed to the State organization; and that this act take effect from its
passage.
Approved December D'tii, 1863.
CHAPTER XXXV.
AN ACT for (he relief of James P. Dumas.
Section I. Be it enacted by (he Legislature of the State of Texas, That the
Comptroller of the State be authorized and required, to audit the claims of
James P. Dumas, for beef furnished the regiment of State Troops under the
command of Col. Wm. C. Young, in the year 1861, and that he allow the said
Dumas the amount due him on the contract made with the Quartermaster of
said regiment.
Sec. 2. That the sum of three thousand, three hundred and twenty-five
dollars and sixty-three cents. Confederate Treasury notes, or so much thereof as
may be necessary, is hereby appropriated out of any moneys in the Treasury,
not otherwise set apart, to pay the said Dumas, when his claim has been settled
by the Comptroller, as herein provided, and that this act take ert'ect from it?
passage.
Approved December liith. 1863.
CHAPTER XXX VI.
AN ACT to incorporate the Tort Sulliran Mate and Female Coll
Section 1. Be it enacted by the Legislature of the State qf Texas, That W.
11. White, J. G. Hanna. C. 0.' Barton, D. Cole, F. M. Hale," J. C. Levingstcn.
i atman, K. J. Davis, J. Fmguson, JI. A. foster and (\ C. Wilcox, and their
successors in office, be, and are. hereby constituted a board of Trustees for the
Male and Female College, established at Port Sullivan, in the county of Milam,
and State of Texas, and which, by this act, is incorporated by the name and
>tyle of the " Port Sullivan Male and Female College," with perpetual succes-
sion for thirty years, and by which name may sue and be sued, plead or be im-
pleaded, buy and Bell property, real, personal or mixed ; may have a common
seal, and do and perform any aud all ads. that may be necessary to carry out
. revisions of this act, for the beneGt of said college, and may establish such
rules and regulations, tor the government of the same, as they may deem neces-
and which may not be inconsistent with the constitution aiid laws of the
B, or of the Confederate States, and. in short, may do and per-
torm all other acts incident to similar institutions, lor the benefit of the same.
Sec 2. Said college may have a male and female department, in which may
be taught all branches of education taught in 'such Institutions, to which
may be added a military department, in which the BOienoe of war shall be
taught, at the discretion of the body politic.
Sec. 3. Said board, and their successors in office, shall Lave power to receive,
as donations, or otherwise, any lands, tenements, moneys, rents, goods, chatties
or effects, that may be given, grauted, donated or devised to sail college, foi
2()
the purpo^? of education, not to exceed in value, exclude of tbe college
grounds and buildings, fire hundred thousand dollars.
Sec 4. The before mentioned trustees shall have power to regulate their
own time of serviee, not to exceed two years at any one time, wubout re-election
by the stockholders, or body hereby incorporated ; they shall have power to
employ all necessary profe-sors, tutors and teachers, to confer degrees, aud to
do any and every act usually done in similar institutions, not inconsistent as
hereinbefore provided.
Sec. 5. All the ads and doings of the board of trustees, heretofore had
and performed, in reference to said college, is hereby legalized and held as
valid and obligatory : Provided, That the same be not inconsistent to the exist-
ing laws of the State.
Sec. 6. This act take effect and be in force from and after its passage.
Approved December 16th. 1863.
CHAPTER XXXVII.
AN ACT to incorporate Chappell Hill Manufacturing Company.
Section 1. Be it enacted by the Legislature of the State of Texas, That William
W. Browning, Bryant L. Peel, James F. Dumble, Gabriel Felder, Charles G.
Young, Alexander McGowen. James F. Harvey and S. W. Sims, aDd their
associates and successors in office, be, and are, hereby created into a body cor-
porate aud politic, for the purpose of manufacturing woolen and cotton cloths,
•cotton seed oil and iron, under the name and title of the ■' Chappell Hill
Manufacturing Company," and in this name and style shall have 'full power to
sue and be sued, plead and be impleaded and to do and perform all other acts
and exercise all the rights and privileges, and be endowed wiih all tLe power
incident to corporations.
Sec. 2. That the capital stock of said company shall be the amount actually
paid in by the stockholders, at any time. Provided. That the capital stock shall
not exceed one million of dol'ars, and shall consist of all its property, real,
personal or mixed, choses in action, franchizes or rights to property inchoate or
perfected, and shall be divided into shares of one hundred dollars each and be
deemed and considered in law personal property and estate, and be transferable
by any conveyance in writing, recorded by tbe proper officer of said company,
in books to be kept for that purpose at its office.
Sec. 3. That the above named incorporators shall be, and are, hereby con-
stituted a provisional board of directors, a majority of whom shall consitute a
quorum, and shall have power to open books for subscription to the capital
stock of the company, and as soon as it shall be ascertained that fifty thousand
dollars shall have been subscribed, they shall call a meetiDg of the stockholders
who shall organize the company by "the election of a new board of directors,
and this corporation shall go into operation. The new board of directors, and
their successors in office, shall be authorized, at their discretion, to increase the
capital stock from time to time, by receiving new subscriptions, until the amount
of one million shall have been subsciibed, as provided in section two of this
charter. The board of directors shall be authorized to fix the instalments upon
subscriptions, and determine the times and manner of payment, all of which
may be changed from time.to time, at their discretion ; they shall be authorized
to receive, in payment of stock. Confederate Treasury notes, or bonds, or any
kind of property, upon such terms as they may deem proper.
Sec. i. That the business of the company shall be conducted by a board of
seven directors, who shall be stockholders, four of whom shall constitute
a quorum. The directors shall be elected by the stockholders, each share being
entitled to one vote, which may be given in person or by proxy. The election
for directors shall be held by the commissioners selected by the stockholders for
that purpose. The first board elected shall hold their office until the first Mon-
27
day in October. l$r> 1. The elections for directors shall be held on that day, and
annually thereafter on the first Monday in October in each year : but a failure
to hold the elec'ion shall not dissolve the corporation, but the board in office
shall continue in office until their sucee'sors are elected. A majority of the
stock subscribed shall be necessary to hold the first election for directors. At
the subsequent and annual elections, the stock present and represented shall be
competent to elect Any vacancy occurring during the time for which directors
are elected to serve, may be filled by a vote of the board. All elections for
directors shall take place at the office of the company.
Sec. 5. That the office of the company shall be at Chappell Hill, until such
time as the company shall have procured a location for their principal manu-
factory, and an office for the transaction of its business at said location, when,
it shall be removed to and fixed at the place where said factory shall be located.
Sec (). That the board of directors shall, at their first meeting after their own
election, elect a President and Secretary, and fix their salaries, which shall not
be increased during the time (or which they shall have been elected. The
board of directors shall have power to remove their officers at their pleasure,
aud elect others in their place. The president of the company is the officer
designated as the one on whom legal service of all process or citation shall be
made, and the company shall be bound by service of process or citation,
whether made on the president in person, or left to his address at the office ot
the company, at its office in the hands of any of its officers.
Sec. 7. That the chief officer, agents and superintendents, shall be exempt
from jury service, and the buildings, machinery, tools and materials, lands and
slaves, and other property, used or to be used, in manufacturing things needed by
the army or people, together with cotton designed for exportation, and the team-
and hands employed ia its transportation, shall be exempt from impressment.
Sec. 8. Be it further enacted. That the president and directors may make
"by-laws to regulate the issue of stock curtificates, the declaring and paying
of dividends, and for the pioper and regular transaction of business, and may
repeal, change, alter or amend the same, at any time they may deem proper.
5BC. 0. Be it further enacted. That the president and directors shall keep a
record of the proceedings of their own meetings, and of the meetings ot the
stockholders, and accurate book* of accounts of all the receipts and expendi-
tures, to show the condition of the company, and a registry of the issue and
transfer of all certificates of stock, which books and accounts shall be open at
all times to the examination of the stockholders. All transfers, contracts and
conveyances, made in pursuance of a vote of a majority of said board of
directors, executed in writing, and signed by the president, and countersigned
by the secretary, shall be valid and binding in law. and have the same force
and effect as if done by a natural person. The president and directors shall be
authorized to mortgage the property of the company to secure the payment of
money borrowed, or any deb's contracted by the company.
Sec. 10. That this charter maybe altered or amended, from time to time,
by the Legislature of the State of Texas, upon the petition of stockholders,
holding or representing two-thirds of the capital stock of the company, setting
forth the nature ol the changes, or amendments desired.
Sec. 11. That this act shall take effect from and after its passage, and con-
tinue in effect twenty-live years.
Approved December 16th, 1663.
OHAPTBB XXXVIII.
AN ACT to incorporate the Bastryjtp Iron Manufacturing Company.
Section 1. B" it cnartnt by r ■ /,. ,.;.<■', ff„rr 0f the State of Te.rn.t, Thai A. YV.
Moore, James II. Gillespie, David L. McNeil. Jame*< K. Nichols. Henry M
DeChaums, Napoleon 1!. Tanner. Kenner K. Rector, Nelson Rector, and their
associates and successors, be. and they are, hereby constituted and declared a
28
body politic and corporate, under the name and stjle of the "Bastrop Iron
Manufacturing Company," witL capacity to own property, real and personal ;
make contracts ; to have succession ; a common seal ; to make by-laws for its
government, and in its corporate name, sue and be sued ; to grant and receive
and generally to do and perform, such acts and things as may be necessary and
proper for, or incident to, the fulfillment of its objects, or maintenance of its
rights, under this act, and consistent with the provisions of the State Constitution.
Sec. 2. That the said company be, and is hereby established, with the right
to erect, own, maintain and operate, an Iron Manufactory, including pig or bar
iron, or derivable from the ores of iron separately or conjointly, at such place,
or places, as said company may elect.
Sec. 3. That the capital stock of said company shall be divided into share9
of one thousand dollars each, and the holders of said shares shall constitute
said company, and said capital 'stock shall not exceed two hundred thousand
dollars.
Sec. 4. That the affairs and business of said company, shall be conducted by
a board of directors, not less than three nor more than five, who shall be elected
by the stockholders, at such time as may be appointed, and annually thereafter,
Provided, That in cases of failure to elect at the stated time, the board of
directors incumbent, shall continue in office until there be an election, the time
for which may be fixed by said board, whereof reasonable notice shall be given.
Sec. 5. That no person shall be eligible as a director unless he is a member
of said company ; the said board shall elect a president from their number,
fill vacancies, and appoint such officers as they may deem necessary, and require
security for the faithful performance of the duties ; also prescribe the time for
payment of instalments or assessments, to declare the forfeiture of such stock
for non-payment, and to do, or cause to be done, all other acts or things which
they may deem necessary, or proper, in conducting the business of said com-
pany ; a majority of said board of directors shall constitute a quorum to do
business.
Sec. 6. That the said company shall have the right to locate, and have
surveyed and patented, any of the public domain lying in the counties of Cald-
well, Gonzales or Bastrop, for the purpose of procuring iron ore, or timber, by
paying into the General Land Office the sum of fifty cents per acre for said
public domain ; Provided, That the number of acres so located and patented,
shall not exceed" five thousand acres; and the State of Texas doth hereby
relinquish to said company, all the right, title and claim, which the State of
Texas has, in and to all minerals that may be f®und on any land so located and
patented.
Sec. 7. That the parties named in this act, are hereby appointed commis-
sioners, and invested with the right of organizing said company ; and that this
charter shall expire at the end of twenty years from the passage of this act.
Sec. 8. That this act shall take effect from its passage.
Passed December lGth, 1863.
CHAPTER XXXIX.
AN ACT to donate part of the State and County Taxes of Galveston County, for
the year 18C3, and during the continuance of the present war, to tltat County, for
the relief of the Indigent Families of the County qf Galveston.
Section 1. Be it enacted by the Legislature of the State of Texas, That the
State and county taxes, when assessed and collected on property which pertains
to said county, as situated therein, except for existing unusual circumstances,
for the year 18G3, in the county of Galveston, and such taxes, State and county,
as may be assessed and collected, during the continuance of the war between
the United States of America and the Confederate States, in said county, be
and the same are donated to said county, for the use and relief of the indigent
families of Galveston county : Provided, That nothing herein contained shall be
29
construed to release any person from paying to the S'ate such taxes as may be
levied in kind, or made payable in specie, which taxes ia kind and specie are not
donated, but shall be paid into the treasury.
Sec. 2. That the Assessor and Collector of said county be and be is hereby
directed to make his return to the Comptroller of the State, a-* required by law.
Sec. 3. That this act take effect and be in force from and after i ta passage.
Approved December Kith, lsi; .;.
CHAPTER XL
AN ACT to release to the heirs of W. J. Mills, afi tin' riant, title and interest of the
State of Texas, in and to the properly O'rned by said Mills at il,e tine of his
death, and deviseii by last will.
Whereas, Colonel \V. J. Mills, of the county of Chambers, died while acting
in the Quartermaster's Department of the Confederate States of America, in the
month of November, 186:?, and doubts have arisen as to the effect of a devise
contained in his last will : Therefore,
Section 1. Be it enacted by (he Legislature of (he Stale of Texas, That all right,
title and interest, legal or equitable, existing, or which by legal proceedings
might be established, in behalf of the State Texas, in and to all the property
belonging to Colonel W. J. Mills at his death, and devised in his last will, be
and the same is hereby relinquished, released and surrendered to the heirs of
6aid Colonel W. J. Mills, and the same, so far as the State of Texas is concerned
or has interest, shall descend and pass to them, iu the same manner us If said
Mills had died intestate as to the same.
Sec. '2. This act shall he in force from and after its passage.
Approved December 16th, 1S63.
CHAPTER XLI.
AN ACT to incorporate the Washington Iron Manvfact 'tiring
Company.
Section 1. Be it enacted by the Legislature of the Stale of Texas, That W W.
Bell, T. J. Jackson, and Wilson Bell, and their associates and successors, be and
the same are hereby declared and constituted a body politic, under the name
and style of " The Washington Iron Manufacturing Company." with capacity
to own property, both real and personal, to make contracts, to have succession
and a common seal, to make by-laws for its government, and, in its corporate
name, to sue and be sued, to grant and receive, and generally to do and per-
form such acts and things as are necessary and proper for, and incident to, the
fulfillment of its objects or maintenance of its rights under this act and con-
sistent with the provisions of the constitution of the State of Texns, and to
have and exercise all of the rights, privileges, and immunities, granted to other
corporations of a like character.
Sec. 2. That the said company be and is hereby established. wi:'u the right
to erect, own, maintain and operate an iron manufactory, including all articles
manufactured from pig or bar iron, or derivable from the ores cf iron, sepa-
rately or conjointly, at such place or places as said company may elect.
Sec. 3. That the capital stock of said company shall be divided into shares
of one hundred dollars each, and the holders of said shares shall constitute said
company, and the capital stock of said company shall not exceed two hundred
thousand dollars.
Sec. 4. That the affairs and business of said company shall be conducted
by a board of directors, not lett than three nor more than tive. who shall be
elected by the stockholders at their organization under this act, and annually
thereafter : Provuicd, That in case of failure tc elect at the stated time or timeB,
that the board of directors incumbent shall continue in office until there be an
30
election ; the time for which shall be fixed by said board of directors, whereof
reasonable notice shall be given.
Sec. 5. That no person shall be eligible as a director, unless he be a member
of the company. The said board shall elect a president from their number, fill
vacancies, and appoint such officers as they may deem necessary, and require
security for the faithful performance of their respective duties ; also, prescribe
the time for payment of instalments and assessments on stock, and declare the
forfeiture thereof for nonpayment of stock, and to do generally, or cause to be
done, all other acts and things which they shall de> m proper in conducting the
buAimfee of said company. A majority of the boaid shall constitute a quorum
to do business for the corporation.
Sec. (J. That the parties named in section one of this act are hereby ap-
pointed commissioners, and invested with the right of organizing said company,,
and that this charter shall expire at theend of twenty-five years from the pass-
age of this act, and for that period the commissioners and their associates and
successors, named in this act. shall have the right to work and operate any
mine, or mines, reserved to the State, free from charge, let. or hindrance, on the
part of the State of Texas.
Sec. 7. That this act take effect and be in force from and after its passage.
Approved December lGth, 1863.
CHAPTER XLII.
AN A CT to incorporate the Gathings Male and Female College.
Section 1. Be it enacted by the Legislature of the State of Texas, That W. T.
W. Taliaferro, P. H. Shelton, J. J. Gathings, A. D. Kennard, Philip Gatbings,
H. C. Lyon, D. T. Lawrence, J. S. Marrow, and J. 0. Church, trustees of the
Gathings Male and Female College, situated in the county of Hill, be and they
are hereby created a body corporate, under the name and style of " The Board
of Trustees of the Gathings Male and Female College," and by that name may
sue and be sued, plead and be impleaded, enact such bylaws, rules and regu-
lations, as may be necessary for their government, purchase, hold, and enjoy,
property of all kinds, or may receive the same by donation, for the benefit of
said college, to convert said property into money and dispose of the same, and
shall have a common seal for the transaction of its business, and shall have the
power to confer any and all literary honors upon all the students considered
worthy to receive the same by the faculty.
Sec. 2. That the rights and privileges herein granted shall extend to the
trustees herein named and their successors, and they may elect from their own
number, under such regulations as they may adopt, and for such terms as they
may see proper, a president, secretary, and treasurer, or any other officer or
agent necessary in the board. They shall also have the power to construct such
college buildings as may be necessary for said college, and to do all things-
necessary to the proper conduct and management of said college, not contrary
to the law or inconsistent with this charter.
Sec. 3. That this act take effect and be in force from its passage, and remain
in force for twenty-five years.
Approved December ICth, 18C3.
CHAPTER XLIII.
AN ACT supplementary to uAn Act to prohibit the sale of Intoxicating Liquors
within five miles of the town of Dallas," passed at the present session of the
Legislature.
Section 1. Be it enacted by the Legislature of the State of 7'exas, That the
} roviHons of the act, passed at the present session of the Legislature, to pro-
hibit the s.i'.' of mtoxicating jiquors witLin five miles of the town of Dallas,
shall be so construed as to have effect and force within the limits of said town
Approved IK einbtr 16th. 18C3.
CHAPTER XL1V.
AX ALT to prohibit the sale of Ardent or SpitritWU* Liquors within ttn miles
of the (kmrt House inthin the town of llunisville, Walker county, except for
'nal purp*
Section 1. /.'< it enacted ty (he Legislature of the State of Ttec&t, That if any
perSi n shal!. within ten miles of the Court House within the town of Huntsville.
Walker comity, in this State. sell any ardent ot spirituous liquors, except for
medicinal \ irposes, in any quantities whatever, such person shall, upon con-
viction theii of, be deemed guilty of » misdemeanor, and fined in any sum not
less than one handled dollars and not more than one thousand ; and the jury
trying the s me maj add imprisonment in the county jail, not exceeding six
months.
.'. That if any person shall, within the district prescribed in the Erst
section of this a:t. give, barter, or exchange, any ardent or spirituous liquors
to any one, wi:h intent to evade the provisions of this law, such person shall
be deemed guilty of a like misdemeanor, and, on conviction thereof, subject to
the penalties prescribed in the first section of this act ; and proof "by the State
of the delivery of liquors, the sale of which is herein prohibited within said
district, shall be deemed prima facie evidence of intent to avoid, or evade, the-
provisiona of this act ; and it shall not be necessary for the State, in an indict-
ment under this act, to allege or prove that the liquor sold, given, bartered, or
exchanged, was nol foV medicinal purposes.
Sec. 3. That all laws and parts of laws, in c inflict with the provisions of
this act. be and the same are hereby repealed.
Approved December 10th, lv<:'..
CHAPTER XLV.
AN ACT lo iiuvrporate tlie Trinity Manufacturing and Flowing
C< mi />atiy.
Section hi d by tht L< ' the State of Texas, That W. A.
Rhea, James C Kliea. Francis Dowell, W. H. Beane, C. Copenbaver, and their
associates and in office, be and are hereby created a body corporate
and politic, fof the purpose of manufacturing woolen and cotton yarns and
fabrics, unuei the name and title of ''The Trinity Manufacturing Company.''
and in this name and style shall have full power to sue and be sued, plead and
be impleaded, and to do and perform all other acts, and exercise all the rights
and pi 1 be endued with all the powers incident to corporations.
Sv apital stock of said company shall be the amount actually
paid in by the stockholders at any time : Provided, That the capital stock shall
not e- hundred thousand dollars, and sball consist of all its property
real, personal or mixed, chdsea in action, franchise or rights to property, in-
choa- >d. and shall be divided into shares of one thousand ($1000)
dollai ,d be deemed and considered in law personal property and
estate, and ho transferable by any conveyance in writing, recorded by the
propel ompany. in books to be kept for that purpose at its office.
Sec. o. That the above named in orporators shall be and are hereby consti-
tuted a provisional board of directors, a majority of whom shall constitute a
quorum, and shall have power to open books for subscription to the capital
stock of tl • on as it shall be ascertained that fifty thousand
dollars shall bai e been subscribed, they shall call a meeting of the stockholders.
WW Shall i nafter named. The
32
officers elect, and their successors in office, shall be authorized, at their dis-
cretion, to increase the capital stock from time to time, by receiving new
subscriptions, until the amount of five hundred thousand dollars shall have
been subscribed, as provided in section two of this charter. The board of
directors shall be authorized te fix the instalments upon subscriptions, and
determine the times and manner of payment ; all of which may be changed,
from time to time, at their discretion ; they shall be authorized to receive, in
payment for stock, Confederate Treasury notes or bonds, or any kind of
property, upon such terms as they may deem proper.
Sec. 4. That the business of the company shall be conducted by a board of
directors, the number of which shall he determined by the stockholders ; all of
whom shall be stockholders, and a majority of whom shall constitute a quorum.
The directors shall be elected by the stockholders, each share being entitled to
one vote, which may be cast in person or by proxy. The first board of direc-
tors elected shall hold their office until the 1st of January, 1S65 ; the election
for directors shall be held annually thereafter, on the first Monday in January
in each year, but a failure to hold the election shall not dissolve the corporation ;
but the board in office shall continue in office until their successors are elected.
A majority of stock subscribed shall be necessary to hold the first election for
directors; at the subsequent and annual elections, the stock present and repre-
sented shall be competent to elect ; any vacancy occurring during the time for
which directors are elected to serve, may be filled by a vote of the board. All
elections for officers shall take place at the office of the company, which shall
be located at the discretion of the company.
Sec. 5. That the board of directors shall, at their first meeting after their
own election, select a president and secretary and fix their salaries, which shall
not be increased during the time for which they shall have been elected ; the
board of directors shall have power to remove these officers at their pleasure,
and elect others in their place. The president of the company is the officer
designated as the one on whom legal service of all process or citation shall be
served, and the company shall be bound by service of process or citation,
whether made on the president in person, or left to his address at the office of
the company, in the bauds of any of its officers.
Sec. 6. Be it further enacted, That the president and directors may make
by-laws to regulate the issue of stock certificates, the declaring and paying of
dividends, and for the proper and regular transaction of business ; and may
repeal, change, alter or amend the same, at any time they may deem proper.
Sec. 7. Be it further enacted, That the president and directors shall keep a
record of the proceedings of their own meetings and of the meetings of the
stockholders, and accurate books of accounts of all receipts and expenditures,
to show the condition of the company, and a registry of the issues and transfers
of all certificates of stock, which book and accounts shall be open at all times
to the examination of the stockholders. All transfers, contracts, and convey-
ances, made in pursuance of a majority of said board of directors, executed in
writing, and signed by the president and countersigned by the secretary, shall
be valid and binding in law, and have the same force and effect as if done by a
natural per°on ; the president and directors shall be authorized to mortgage
the property of the company to secure the payment of money borrowed, or any
debts contracted, by the company.
Sec. 8. That this charter may be altered or amended, from time to time, by
the Legislature of the State of Texas, upon the petition of stockholders, holding
or representing two-thirds of the capital stock of the company, setting forth the
nature of th.e change or amendments desired.
Sec. 9. That this act take effect from and after its passage, and continue in
effect twenty-five years.
Approved December 16th, 1863.
33
CHAPTER XLVI.
AN ACT to prohibit the retail of Tntoricatinj Liquor* in the
neighborhood of Bound Rock.
Section 1. Be it enacted by the tegmai ire of the Stale of Tews, That it shall
not be lawful to retail any ardent, alcoholic, or intoxicating liquors, within the
distance of four miles from Che school-house in the town of Round Rock, in
Williamson county, (unless sold by apothecaries for medical purposes ;) and any
person offending against tlie provisions of this act shall be deemed guilty of a
misdemeanor, and. on conviction thereof, before any Court of competent juris-
diction, shall bo lined in any sum not less than one hundred nor more than
five hundred dollars, fur each and every offence so committed.
Passed December Kith. 186ft
CHAPTER XLY1I.
AN ACT to prohibit the sale of Intoxicating Liquors in the vicinity
of the town of Dallas, in Dallas county.
Section 1. Be it enacted by the Legislature of the Stab of Texas, That, it shall
not be lawful to sell any intoxicating liquors, whether alcoholic, malt, distilled,
or brewed, within five miles of the town of Pall is. in D lllas county, (unless sold
by apothecaries for medicinal purposes ;) and any person, or persons, offending
against the provisions of this act. shall be guilty of a misdemeanor, and, on
conviction thereof before the District Court of Pallas county, or before any
Justice of the Peace, in the precinct in which the town of Pallas is situated,
shall be fined in any sum not less than fifty nor more than five hundred dollars,
for each and every offence against this act.
Sec. 2. That proceedings under this act shall be commenced on affidavit,
view, or information, and, upon conviction by information, one-half of the fine
assessed against the offender shall go to the informer and the other half to the
county treasury of Dallas county, to be used in support of the families of sol-
diers ; and that this act be in force thirty days from and after its passage.
Passed Pecember 16th, 18U3.
CHAPTER XLVII1.
AN ACT to prohibit the sale of Intoxicating Liquors in the neigh-
borhood of San Saba Masonic CoUege.
Section 1. Be it enacted by the Legislature of the State of Texas, That it shall
not be lawful to sell any intoxicating liquors, whether the same be al loholic,
malt, distilled, or brewed, within five miles of the San Saba Masonic College,
situated in Sin Saba county, (unless sold by apothecaries for medicinal purposes ;
and any person offending against the provisions of this act, shaH bo deemed)
guilty of a misdemeanor, and, on conviction thereof before the District Court
of San Saba county, or before any Justice of the IV ice i i the precint in winch
the Sm Saba Masonic College is situated, Bhall be fined in any sum not less
than fifty nor more than live hundred dollars, for e ich an 1 ei ery offence ; the
District Court and f the Peace hiving concurrent jurisdiction over
offences arising under this act : Provided Tb f the Pea
have power to assess a line of m >re than one hundred doll ire.
Skc. 2. That all money collected by does Imp tsed under the provisions of
this act, sLall be paid over to the trusts in Sib a Ma ge, for
the use of said College.
Sac. 3. That prosecutions under this net Bhall be con. n"; n twelve
e
34
months after the commission of the offence; and this act take effect and be in
force from and after the first day of Januiry, A, D., 1864.
Passed December 16th, 1863.
CHAPTER XLIX.
AN ACT for the relief of Ayres Moody.
Section 1. Be it e>mcted by the Legislature uf the State of Tessas, That the
Commissioner of the GeneralLand Office be and he is hereby authorized to
issue to Ayres Moody a head-right certificate for twelve hundred and eighty
acres of land, in lieu of the one obtained in the District Court of Harrison
county, on the llth day of September, 1840, which has been lost or mislaid.
Sec. 2 That this act take effect and be in force from and after its passage.
Passed December 16th, 1863.
SPECIAL JOINT RESOLUTIONS.
CHAPTER I.
JOINT RESOLUTION authorizing the Military Board of the State to pay the
Confederate Tax,, levied on Whitescarver. Campbell it Co.. contractors with said
Board for the Manufacture of Arms.
Whkrkas, Messrs. Whitescarver, Campbell & Co . of Rusk, Cherokee county,
are under contract to manufacture guns for the Military Board of the State, and
have faithfully performed their contract; and the Confederate Tax Collector
has levied an occupation tax of two hundred dollars and two and one-half per
cent, on the amount of sales ; and, whereas, said Armory has been exclusively
occupied in working for the State :
Therefore, be it resolved, That, in settlement of their account, the Military
Board be directed to allow iiessra Whitescarver. Campbell & Co. the amount
paid by them for the taxes above enumerated.
Approved November 27th, 1863.
CHAPTER II.
JOINT RESOLUTION authorizing the Military Hoard to cancel a Contract
made by them xcith Short, Biscoe <fc Co., for the Manufacture of Arms.
1. Be it resolved by the Legislature of the State of Texas, That the Military
Board be and they are hereby authorized and required to cancel and annul a
contract made by them in behalf of the State, on the day of , A. D.,
, with Short, Biscoe & Co., of Smith county, for the manufacture of arms,
upon the following conditions, viz : That said Short, Biscoe & Co. shall first
repay to the Military Board all sums of money which may have been advanced
to them by the Military Board on said contract, together with interest thereon,
at the rate of eight per cent, per annum from the date the same was received
by them ; and, on the further condition, that they shall produce evidence to the
satisfaction of the said board, that they have sold, or firmly contracted, to the
Government of the Confederate States, or its authorities, all the fixtures, ma-
chinery and material which they have constructed, or may have on hand, for
the purpose of carrying out their said contract.
2. That this resolution be iu force from and after its passage.
Approved December 4th. 1863.
CHAPTER 111.
Jul A'7 RESOLUTION.
Whereas, Messrs. Billups & Ilassel, •! Plenitude, Anderson coun'y. did, in
the month of June, 1862, enter into contract with the Military Board" to manu-
36
faikire and de'iver seven hundred guns, of the model of the Mississippi rifle, at
the price of thirty dollars, payable in currency ; of which number, the said par-
ties have delivered six hundred ; and, whereas, owing to the scarcity of iron
and other material, and the impossibility of procuring necessary tools for the
work, renders it impossible for the parties to make the remainder of the number
conti acted to be delivered :
Therefore, be it resolved by the Legislature of the State of Texas, That the Mili-
tary Board be directed and required to cancel the contract entered into by and
between the laid board and Billups & Hassel ; and this resolution be in force
from and after its passage.
Approved December 8h, 1863.
CHAPTER IV.
JOINT RESOLUTION requesting the Commanding General of this Military
District to detail men ft r Texas Iron Works.
Whereas, the article of iron is becoming a matter of necessity, both to the
Confederate and State Governments, and, under the existing military laws, con-
scripting and drafting all men between the ages of eighteen and titty into the
service of the country, it is difficult to obtain the mechanical aid necessary to
carry on the founderies now engaged, or which may hereafter be engaged, in
the manufacture ol iron, Ac.
1. Be it resolved, by the Legislature of the Stale of Texas, That the Command-
ing General ot tin's Military District be requested to make such details as may
be necessary to carry on all manufactories now in operation, or which may
hereafter be established, for the purpose of making iron in this State.
2. He it further resolved, That the Governor of this State transmit a copy of
this resolution to the Commanding General of this Military District.
Approved December 11th. 1863.
CHAPTER V.
JOINT RESol.UTbjN in relation to the capture of two Yankee flags, cipluvrd
from the enemy.
1. Rksoi.i rio\. Be it resolved by the Legislature of the State of Texas. That we
have received with feelings of patriotic pleasure the stmds of colors of the 4th
New Jersey regiment, captured by the 5th Texas Infantry, in the battle of Rich-
mond, June 27th, 1862. and. also, a Yankee flag, captured at the battle of
Lafourche, by the 4rh Texas Cavalry, July 13th. 1863.
2. Resou'tton. That the capture of these standards from our boastful and
numerous and infuriated foes, is evidence, again repeated, of the heroic and
indomitable courage of the Sonthern soldiers, fighting for freedom and inde-
pendence, evincing their firm and unalterable determination to stand by their
country, through sunshine and through storm, until the unprincipled enemy is
driven from the soil of our native land, and covers the name of Texas and of the
Confederate States with imperishable glory, challenging the admiration of the
world.
3. Resolution. That t! ese menu ritoes of Texan chivalry be assigned a' place
among the archives of tie State, and preserved as trophies, glorious to the cap-
tors and to the poorle of Texas, proud of their invincible sons.
4. Resolution. Ihit is further token off the admiration of the people of
Texas, these resolutions be forwarded by the Governor, to be read at the heal
s»f the regiments shove named'.
Approve.! Deeehibei* 11th. ] 8 ■". 3
37
CHAPTER VI.
JOINT RESOLUTION reqmstinj General J. B. Mijrohr to detail .certain
persons therein named.
Whereas, II. Ward, a citizen of Titus county, who is the proprietor and ope-
rator of a wool-carding machine in said county, has been drafted into the
military service of the State, and is now a in mber of Captain Epperson's
company, in Major Carter's battalion. State troops ; and. whereaj, S. G. Watts,
an engineer employed in running a steam riouring-mill lor Q. A. Kebburn. in
Dallas county, has been drafted in like manner, and is now a member of Captain
McCarney's company, in Lieutenant-Colonel Smith's command, 2d regiment
State Cavalry; and, whereas, the services of the aforesaid H. Ward and S. G.
Watts are much needed in their respective vocations by the communities of
their lespective localities:
Therefore, be it resolved by the LegUti /"/<• of the State of Texas, That General
Magvuder, commander of this Military Department, be and he is hereby re-
quested to detail the said II. Ward, for the purpose of running said wool-carding
machine, and the said S. G. Watts, for the purpose of running the aforesaid
flouring-mill ; and that the Governor of the State be required to forward a copy
of this resolution to General Magruder, immediately after its passage.
Approved December 11th, 18U3.
CHAPTER VII.
JOINT liES()LL'TIUN in regard to the Purchasing of Beeves and other Gov-
ernment supplies, in Texas, by the Messrs. Payne it Co., on Government accoiint,
with counterfeit Confederate money.
Whkrkas. during the year 1SG2. Messrs. J. A. Payne & Co., of the State_ of
Kentucky, acting under authority purporting to issue from the Commanding
General of the Confederate Army in the West, did purchase a large number or
beeves and other property in the State of Texas, from citizens of Hill, McLen-
nan, Falls. Bosque, and other counties, and did pay therefor counterfeit Con-
federate States treasury notes, amounting in the aggregate to one hundred
thousand dollais. or more ; and, whereas, it is a notorious and public fact, that
the said Messrs. Payne were arrested by the authorities of the Confederate
States, as counterfeiters, before they bad delivered or received pay for said
property ; and that the Government o( the Confederate States did, thereafter,
receive the same and appropriate it to the use of its army, and has never yet
paid the purchase money therefor, hut holds the same in its treasury ; and,
whereas, the citizens of Texas acted in good faith and patriotism in selling said
supplies to the Confederate Government, and are, therefore, justly entitled to a
reasonable and fair compensation for the same :
1. Tlierefore, be it resolved by the "Legislature of the State of Texas, That our Sena-
tors in Congress be instructed, and our representatives requested, to use their
best endeavors to have a law passed by Congress providing for the sending of a
commissioner, or other proper officer, to some convenient locality in Texas, in
the part of the country where such purchases were mile by Payne & Co., with
full power and authority to examine and determine the character of the money
circula'ed by said Payne <t Co., and to redeem the same with genuine Confed-
erate money, whether the same be now in hands of the original payees or of
other parlies, who have given a valuable, consideration therefor.
2. Resolved, That the Governor forward a copy of this resolution to our
Senators and Representative- in Congress.
Approved December 14th. 18(13.
38
CHAPTER VIII.
JOINT RESOLU'I ION to authorize the Military Board to manufactory BaU, and
making an appropriation for the scum.
1. Resolved, That tbe sum of tifty thousand dollars is hereby appropriated,
out of any moneys in the treasury not otherwise set apart, and placed at the
disposal of the Military Board, lor the purpose of manufacturing salt, at the
salt springs and creeks near the Double Mountain, or at any other place in
Texas where silt can be made advantageously. That the board is authorized
to exercise its discretion in the outlay of the money herein appropriated, or so
much thereof as may be necessary, so as to obtain the best results in obtaining
salt for the use of the people.
2. Resolved further, That the Governor be requested to ask of the Military
Commander of this Department to make ?uch disposition of the Confederate
troops, upon the north western border of this State, as will protect the line ol
travel to parties engaged in making salt at the Double Mountain, or other
works, hereafter to be put in operation, whenever such protection may be
necessary.
Approved December loth. 18C3.
CHAPTER IX.
JOINT RESOLUTION.
1. Re it resolved by the Legislature of the State of Texas, That whereas, on
or about the first day of March. 18t>2. the 4th Regiment Texas Mounted Volun-
teers, known as Reiley's or 1st Regiment of Sibley's Brigade, did, in the Ter-
ritory ol New Mexico, by request of 'he Commanding General, turn over to
the Confederate authorities their hor-es. saddles, and bridles, for which said
regiment has never received any pay :
2, Therefore, be it res<>lv.(d by the L<</islature if the State of Texas, That our
Senators in Congress be instructed, and our Representatives requested, to use
their efforts to obtain the passage of a law by which the said regiment will
receive the pay that is justly due them for said property.
Approved December 15, 1SC>3.
CHAPTER X.
JOINT R ESO LUT i O N •mthm-niiig the Military Board to issue Percussion Caps
to the members of the Senate and House of Representatives, and the officers
thereof.
Be it Resolved by the Legislature of the State of Teams. That tbe Military
Board of the State of Texas, are hereby authorized and required, to issue, to
the members and officers of the Tenth Legislature, (Senate and House of
Representatives,) one box of five hundred percussion caps each, at the usual
market "price, and that this act be in force from and after its passage.
Approved December ICth, 1863.
CHAPTER XI.
JOINT RESOLUTION accepting from Governor John R. Baylor, two Pieces
of Artillery, captured in Arizona.
Be it Resolved by the Legislature of the State of Texas. That two pieces of
Artillery, captuiel by Captain James Walker's Company, of the 2d Regiment
of Mounted Rifles, in Arizon\, while under the command of Governor John R.
Baylor, which Lave been tendered to the State of Texas by said Baylor, as ft
memento of the gallantry of the regiment aforesaid, that captured said artillery,
now known as Pyron's Regiment, be, and the same are hereby accepted upon
the terms proposed, and the Governor is hereby requested to have said guns
disposed of. so as to effectuate the wishes of the patriotic donor ; and to trans-
mit a copy of this resolution to Governor John R, Baylor, as an acknowledg-
ment of the estimation in which the State of Texas holds him and his gallant
command for their brilliant achievements in Arizona.
Approved December L6, 1868.
CHAPTER XII.
JOINT RESOLUTION in relation to the name of Waller County.
Whereas, it is the opinion of many persons, in and out of the County of
Walker, in this State, that said county was named in honor of one Robert J.
Walker, then a distinguished citizen of the State of Mississppi, and who had
rendered himself popular with the people of Texas by his warm advocacy of
the annexation of Texas to the United States ; and whereas, the said Robert J.
Walker, ungrateful to the people who honored him, and nurtured him into
political distinction, has deserted that people, and is now leagued with Abraham
Lincoln in his vain efforts to subjugate the Southern States, now BfragfrtiUg for
their liberties and independence, thereby rendering his name justly odious to
the people of Texas and the Confederate States of America ; therefore,
1. Be it Resolved by th? Legislature of (he State of Te,ras, That the County of
Walker, in this State, be, and the same is, hereby named Walker County, in
honor of Captain Samuel II. Walker, the distinguished Texas Ranger, who fell
in Mexico, while gallantly fighting for the rights and honor of the State of
Texas, and that henceforth no honor shall attach to the name of saidRobert J.
Walker, in consequence of a county in this State bearing the name of Walker.
Sbc. 2. That this "Joint Resolution " take effect and be in force from and
after its passage.
Approved December 16th, 1863.
40
THE STATE OF TEXAS,
Department op State, j
I; Robert J. Towne?, Secretary of State of the State of Texas, do certify
that I have compared the foregoing Laws and Joint Resolutions of the Tenth
Legislature with the originals now on file in the Department of State, and that
they are true copies of such originals. ^
I further certify, that the Tenth Legislature of the State of Texas convened
at Austin on Monday, the second day of November, one thousand eight hun-
dred and sixty-three, and adjourned on Wednesday, the sixteenth day of
December, at 11 o'clock, P. M., of the same year.
In testimony whekeop, I have hereunto signed my name, and
caused the Seal of the Department of State to be affixed, at
Austin, this twelfth day of February, A. D., 1864.
R. J. TOWNES,
Secretary of State.
INDEX TO THE SPECIAL LAWS.
B
BAYLOR, JOHN R., taqk-
Joint resolution accepting two pieces of artillery from, 38-
BASTROP IRON MANUFATURING COMPANY,
Act of incorporation, 27
BLACK, JOSEPH A.,
To relieve from disability of minority, 18.
BILLUPS & HA8SKL,
Joint resolution cancelling contract of, for the manufacture of arms, 35
BOUNDS, CAPTAIN J. M.,
For the relief of Company of State Troops, 6
BRAZOS MANUFACTURING COMPANY,
Act of incorporation, 23
BURNEY, GEORGE E.,
For relief of, 14
c
CAPS,
Joint resolution authorizing the Military Board to sell Percussion
Caps to the Members and Officers of the Senate and House of
Representatives 38
CHAPPELL HILL MANUFACTURING COMPANY,
Act of incorporation, 26
CRAWFORD, MIRON B.,
Heirs of, for the relief of, 23
CROZIER, A. R.,
Act authorizing the issue of duplicate Treasury warrants, 22
COMAL OIL COMPANY,
Act of incorporation, 20
COMPTROLLER,
An act authorizing the issue of duplicate Treasury warrant No. 1521 , 18
COUNTIES.
GALVESTON— Act for the relief of indigents, 28
FALLS and LIMESTONE— Act defining and establishing boundary
between 18
LIVE OAK and McMULLEN— Act defining and establishing boun-
dary between, 5
WALKER — Joint resolution in relation to the name thereof, 33
D
DALLAS COUNTY,
Act authorizing the holding of a special election therein for Repre-
sentative, i
DALLAS, TOWN OF,
Act to prohibit sale of intoxicating liquor therein 33
Act supplemental to an act to prohibit sale of intoxicating liquor,. . 30
42
DETAILS, page
Joint resolution requesting the detail of certain persons therein
mentioned, 37
DUMAS, JAMES P.,
Act for the relief of, 25
E
EAST TEXAS MANUFACTURING COMPANY,
Act of incorporation , 20
F
FALLS COUNTY,
An act to define the boundary line of, 18
FLAGS,
Joint resolution in regard to two Yankee flags captured from the
enemy, 36
G
GALVESTON CITY,
Re-incorporated 7
GALVESTON COUNTY,
Act for the relief of indigents, 28
GATHINGS MALE AND FEMALE COLLEGE,
Act of incorporation 30
GONZALES MUTUAL AID ASSOCIATION,
Act of incorporation 17
II
HARRISON, II. K.,
Act for the relief of, 4
HARRISON COUNTY,
Aet defining the boundary of, 5
HEIRS OF, FUR THE RELIEF OF,
" " Francis L. Toncary, 14
" •' Benjamin D. Nobles, 15
" Miram B. Crawford, 23
W.J.Mills, 20
HEMPSTEAD MANUFACTURING COMPANY,
Act of incorporation 23
HUNTSVILLE, TOWN OF,
Act to prohibit sale of intoxicating liquors therein,. 31
I
INCORPORATIONS,
Bastrop Iron Manufacturing Company 27
Brazos Manufacturing Company 23
Chappell Hill Manufacturing Company 26
Comal Oil Company 20
East Texas Manufacturing Company 20
Gathings Male and Female College '0'
Hempstead Manufacturing Company 23
Parsons Female Seminary 15
Port Sullivan Male and Female College 2i
Paluxy and Brazos Sulphur, Nitre and Powder Manufacturing
Company 21
Rusk County Iron Company 16
San Saba Masonic College 14
Seguin Mutual Aid Society 17
Sulphur Fork Iron Company 4
Trinity Manufacturing and Flouring Company 31
Waco Manufacturing Company G
Washington Iron Manufacturing Company 29
INCORPORATED TOWNS,
Galveston City, re-incorporated 7
43
INDIANS, tagb.
Act defining the duties of the agent of the Alabama, Coshatta and
Muscogee Indians 5
Act for the relief of Tonkaway Indians 24
L
LIVE OAK COUNTY,
Act defining the boundary of 5
LIMESTONE COUNTY, '
Act defiuiug the boundary of 18
M
MARION COUNTY,
Act defining tho boundary of •>
MILITARY BOARD, .
Joint Resolution authorizing the payment of Confederate Tax levied
on Whitescarvcr, Campbell & Co 35
Joint Resolution authorizing cancel of contract made with Short.
Biscoe & Co., for manufacture of Arms 35
Joiut Resolution authorizing cancel of contract nude with BillupS Sc
Hassell for arms 35
Joint Resolution authorizing the manufacture of Salt and making
appropriation therefor 3-t
Joint Resolution authorizing the sale of percussion caps to members
and officers of the Senate and House of Representatives
MILLS, W. J.,
Heirs of, for the relief of 29
JfoMULLBN COUNTY,
Act defining boundary of 5
Act organizing and attaching to 14th Judicial District 19
MOODY, AYRES,
Act for the relief of 34
N
NOBLES. BENJAMIN D.,
Heirs and assigns of, for relief of 15
P
PRICE, ROBERT,
Act for the relief of 4
PARSONS FEMALE SEMINARY,
Act of incorporation 15
PAYNE & CO.,
Joint Resolution in relation to purchase of beeves by 37
TORT SULLIVAN MALE AND FEMALE COLLEGE,
Act of incorporation 25
P A T.UXY& BRAZOS SULP'R, NITRE, POWDER MANUFACTURING CO.,
Act of incorporation 21
Q
QUARLES, CARRO M.,
Act releaving him of the disability of minority 3
R
REILEY'S REGIMENT,
Joint Resolution for the relief of 33
ROUND ROCK, TOWN OF,
Act prohibiting the sale of intoxicating liquors therein 33
RUSK COUNTY IRON COMPANY,
Act of incorporation 16
s
SAN SABA MASONIC COLLEGE,
Act of incorporation 14
Act to prohibit the sale of intoxicating liquors within five miles.... 33
44
SEGUIN MUTUAL AID ASSOCIATION, page.
Act of incorporation 17
SHORT, BISCOE & CO.,
Joint Resolution authorizing Military Board to cancel contract for
arms 35
STATE TROOPS,
Act for the relief of Capt. Bound's company 6
SULPHUR FORK IRON COMPANY,
Act of incorporation 4
C AT fp
Joint Resolution authorizing the Military Board to manufacture salt
and making appropriation therefor 38
T
TEXAS IRON WORKS,
Joint Resolution requesting the detail of certain persons, for manu-
facturing purposes 3fr
TONKAWAY INDIANS,
Act for the relief of 24
TRINITY MANUFACTURING & FLOURING ^COMPANY,
Act of incorporation 31
V
VAUGHAN, A. J.,
Act for the relief of 3
w
WACO MANUFACTURING COMPANY,
Act of incorporation 6
WALLIS, JOSEPH,
Act to validate his official acts as Notary Public 16
WALKER COUNTY,
Joint Resolution in relation to the name thereof 39
WARD & WATTS,
Joint Resolution requesting the detail of men for manufacturing
purposes 37
WASHINGTON IRON MANUFACTURING COMPANY,
Act of incorporation 29
WATSON, CAREY,
Act for relief of, and assigns 18
WHITESCARVER, CAMPBELL & CO.,
Joint Resolution authorizing State to pay Confederate Tax levied on
them 3j
HUusUUfu