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SEC. 2. Be it further enacted, That the sum of fifteen hundred dollars per annum be and the same is hereby appropriated out of any money in the Treasury, not otherwise appropriated, for the payment of said clerk.

Sec. 3. That this act take effect and be in force from and after

its passage.

Approved March 22, 1871.

CHAPTER XXI.

AN ACT TO AUTHORIZE AND REQUIRE THE GOVERNOR TO LEASE THE

STATE PENITENTIARY, TOGETHER WITH THE LABOR OF THE CONVICTS THEREIN.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Governor is hereby authorized and required to lease the State penitentiary, by public advertisement, for a term of not less than ten, nor more than fifteen years, upon the conditions and with the limitations hereinafter named. The penitentiary shall continue to be managed according to the present or future laws of the State, subject only to such modifications as are contained in this act, for the period for which the lease herein authorized to be made shall continue in force; that the lessee or lessees shall have the right to direct what particular kind of labor the convicts shall be employed in. The lessee or lessees shall furnish everything that is necessary for the support and maintenance of the penitentiary. Said lessee cr lessees shall also keep the buildings in good repair, and may construct such additional buildings and cells as, in the opinion of the directors and lessee, may be necessary for the proper accommodation of the employés and convicts; and said lessee or lessees and inspector may, with the approval of the directors, erect such other walls and buildings, and make such changes and alterations in the present machinery, as may be deemed necessary for the profitable employment of the labor of the convicts. The lessee or lessees shall have the use of all land, buildings and machinery, tools and other property which are destined or used for the labor of the convicts, and shall have the control and direction of the labor of the convicts, subject only to the laws of the State, enacted for the government and police of the penitentiary. They shall have the right to introduce into the penitentiary such skilled labor as they may

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think necessary, to direct the labor of the convicts, and give efficiency thereto. An inventory and valuation of all the materials, machinery, and property of every description now belonging to the penitentiary, except the land, shall be made by appraisers, one of whom shall be appointed by the Governor, and the other by the lessee or lessees, with the right on the part of said appraisers, to appoint an umpire, in case they cannot agree, which property shall be receipted for by the lessee or lessees, at the valuation. At the expiration of the lease, a like inventory and valuation shall be made of all the materials, machinery and property of every description then in use at the penitentiary, including all new walls, buildings, and cells that may have been constructed by the lessee or lessees, under the sanction of the directors. At the expiration of the lease, the lessee or lessees shall be bound to have all the walls, buildings and machinery in good repairs, and shall deliver them to the State in that condition; and the State shall be bound to pay them whatever excess there may be in the valuation of the materials, machinery,

, and any money the State may have advanced to buy machiney and property including any new walls, buildings and cells erected by them, which they may deliver to the State, over and above the value of the property and money to buy machinery, received of the State at the commencement of or during their lease. Whatever amount said lessee or lessees may agree to pay the State for said lease shall be promptly paid, according to the terms of their agreement. The lessee or lessees shall be required to execute and deliver to the Gover por a bond, with security to be approved by him, payable to the State of Texas, in the sum of not less than fifty thousand nor more than one hundred thousand dollars, conditioned for the faithful compliance by said lessee or lessees with the terms of his or their lease.

Sec. 2. That during the lease herein provided for, there shall be a board of three directors appointed in accordance with existting laws, who shall be paid the salaries now provided by law for such cfficers, and who shall perform all duties now incumbent on them, and exercise all powers now belonging to them by virtue of existing laws, except as the same are modified by the provisions of this act. Said board of directors shall appoint a physician and chaplain for the penitentiary, who shall receive the salaries now provided by law for said officers.

Sec. 3. There shall be an officer, to be styled the Inspector of the Penitentiary, who shall be appointed by the Governor, by and with the advice and consent of the Senate, whose duty it shall be constantly to supervise the management of the penitentiary, and the treatment and discipline of the convicts therein, by the lessee or les

sees of the penitentiary, and at the end of each month to submit to the Governor a report in writing showing the management of the penitentiary and the character of the treatment and discipline of the convicts therein by the lessee or lessees. The inspector shall have power and the right to enter the penitentiary, or any part thereof, at all times, by day.or by night. Said inspector shall be paid an annual salary of two thousand dollars for bis services.

SEC. 4. That the salaries due the directors, inspector, physician, and chaplain of the penitentiary shall be paid in monthly installments by the lessee or lessees.

Sec. 5. No other officers, agents or employés than those expressly provided for by this act shall be appointed on the part of the State, during the period for which the lease herein authorized shall continue in force.

SEC. 6. That this act take effect and be in force from and after

its passage.

Approved March 22, 1871.

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CHAPTER XXII.

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AN ACT SUPPLEMENTARY TO AN ACT TO REGULATE THE DISPOSAL

OF THE PUBLIC LANDS OF THE STATE OF TEXAS," APPROVED
AUGUST 12, A. D. 1870.

Section 1. Be it enacted by the Legislature of the State of Teras, That any person who has occupied any portion of the public domain, not exceeding 160 acres, in good faith, under any of the pre-emption laws of this State, for three years or longer, shall be entitled to the same as a homestead, and upon complying with the requirements of section second of the act approved August 12, 1870, to regulate the disposal of the public lands of this State, (except as to futuro residents,) shall be entitled to a patent therefor which shall issue at once; provided, that all persons who have been forced to abandon their homesteads as pre-emptors, and shall within one

year after the passage of this act return to their lands and complete the occupancy of the same for the time specified by law, shall be entitled to all the benefits and privileges conferred by this act.

SEC. 2. When the original occupant is dead, the patent shall in like manner issue to his heirs, on application of the surviving widow, any heirs or legal representative. And when the original occupant,

after having resided on the land for three years, has by deed, duly autbenticated, sold his interest to another party, the patent may in like manner, and upon like application, issue to said assignee.

SEC. 3. This act shall take effect from its passage.
Approved March 24, 1871.

CHAPTER XXIII.

AN ACT CHANGING THE EASTERN BOUNDARY OF JOHNSON COUNTY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That that part of Ellis county west of a line beginning at the southeast corner of Johnson county, running thence north to the southern boundary of Tarrant county, be and the same is hereby annexed to Johnson county.

SEC. 2. That all laws and parts of laws conflicting with this act be and the same are hereby repealed.

SEC. 3. That this act take effect and be in force from and after its passage.

Approved March 25, 1871.

CHAPTER XXIV.

AN ACT FOR THE PERMANENT LOCATION OF THE COUNTY SEAT OF

VAN ZANLT COUNTY, AND DESIGNATING THE BOUNDARY LINES OF THE SAME.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the county seat of Van Zandt county be permanently located at the town of Canton, in said county.

SEC. 2. Tbat the boundary lines of said county be and remain as now fixed by law.

Sec. 3. That this act take effect from and after its passage.
Approved March 25, 1871.

CHAPTER X XV.

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO CREATE THE

COUNTY OF DELTA," PASSED JULY 29, 1870.

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SECTION 1. Be it enacted by the L gislature of the State of Texas, That section one of an act entitled "An act to create the county of Delta," passed July 29, 1870, he so amended as to read hereaiter as follows, tn-wit : “That all the territory comprised in the following limits, to-wit: Beginning in the county of Hopkins, at a point at the centre of the confluence of the north and south prongs of Sulphur creek; thence, with the meanderings of said "sou:h prong of said Sulphur creek, to a point where the centre of the stream of said south prong of said Sulphur creek intersects the east boundary line of Hunt county; thence north and with the east boundary lines of Hunt and Fannin counties to a point where the said east boundary line of Fannin county crosses the centre of the stream of the north prong of said Sulphur creek; thence, following the meanderings of said north prong of said Sulphur creek, through Lamar county to a point where the centre of the stream of said norih prong of said Sulphur creek crosses the south boundary line of Lanjar county; thence east and with said south boundary line of Lamar county to the southeast corner of Lamar county; thence south and with the east, boundary line of Hopkins county to the place of beginning, be and the same is hereby created a new county, to be called the county of Delta."

Sec. 2. That this act take effect and be in force from and after

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AN ACT GIVING THE CONSENT OF THE LEGISLATURE OF THE STATE

OF TEXAS TO THE PURCHASE BY THE UNITED STATES OF LAND
WITHIN THIS STATE FOR PUBL C PURPOSES.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the consent of the Legislature of the State of Texas be and the same is hereby given to the purchase, by the Government

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