CHAPTER XXXVII.

AN ACT TO AUTHORIZE COUNTIES, CITIES AND TOWNS TO AID IN THE CONSTRUCTION OF RAILROADS AND OTHER WORKS OF INTERNAL IMPROVEMENT.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That whenever not less than fifty freeholders of any county shall petition the county court for an election, to take the opinion of the electors of such county on a proposition that said county shall aid in the counstruction of a railroad or other work of internal improvement, either by taking stock, making a loan or making a donation thereto, it shall be the duty of such county court, at a meeting which shall be called within twenty days after the presentation of the petition, to order an election to be held in not less than thirty nor more than forty days thereafter, to take the opinion of the electors of the courty upon such proposition.

SEC. 2. The order of the court shall be entered on the minutes and shall state the time when and the place where the election shall be held, and how long it shall continue; and shall appoint three managers to conduct the election, and name the time when they shall make a return thereof to the court. The order shall also state, in clear and concise language, whether the proposition be to take stock, to make a loan, or to make a donation, and the amount of aid to be given and the particular road or work for which it is to be used. The said order shall be published for three weeks previous to the election, in some newspaper published in the county, if there be one, but if not, then by posting copies thereof at the court house and at two other public places in the county.

SEC. 3. If any of the managers fail to attend on the day named for such election, or if any of them fail or refuse to act, those who do attend shall fill any vacancies caused by such failure or refusal, and they shall have authority to appoint two clerks to assist at such election.

SEC. 4. The vote on the proposition shall be by [a] ballot, "for the proposition" or "against the proposition." Every resident of the county who has a right to vote under the provisions of article six, section one, of the State Constitution, shall be allowed to vote upon the proposition, and a record shall be kept of the names of all persons who vote. The managers shall count the votes and make a statement of the result, to which there shall be attached an affidavit of the managers and clerks, that the election has been conducted ac

cording to law. And one of the managers shall, within three days after the election, make a return to the county court of the result of the election, with the ballots and record of the persons who voted.

SEC. 5. A special meeting of the county court shall be held on the first Monday after the return day of such election when the court shall ascertain and record the result of the election, and if two-thirds of the qualified voters of the county shall have voted in favor of the proposition at such election, then it shall be the duty of the court to make such orders and adopt such regulations as will give practical effect to the proposition so voted for, and for that object the court shall have power to issue county bonds, to draw interest not exceeding ten per cent. per annum. and to levy a tax upon all real and personal property situated in the county, not to exceed two per cent. on the assessed value of such property in any one year.

SEC. 6. All county bonds that may be issued in giving effect to such proposition, shall be signed by the presiding justice of the court and shall be attested by the clerk with the seal of the court. But no such bonds shall be issued until the court shall have first levied an annual tax upon all real and personal property situated in the county, which shall be sufficient to pay the annual interest, and not less than two per cent. annually of the principal of said bonds, besides the expenses of assessing and collecting the same, which levy shall continue in force until the whole amount of the principal and interest of said bonds shall have been fully paid; provided, that no bonds shall be issued or donation made under the provisions of this act except for such portions of the work in aid of which it is proposed to issue bonds or make a donation, as shall have been completed at the time when the bonds are issued or donation made.

SEC. 7. It shall be the duty of the county court to cause all bonds issued by it under this act to be presented for registration in the office of the State Comptroller, and it shall be the duty of the Comptroller to register all such bonds so presented, and to endorse thereon in the following form: "The within bond is registered in the office of the Comptroller of the State of Texas," and affix his official signature thereto."

SEC. 8. All taxes levied under this act shall be applied solely to the objects for which they were levied, under the direction of the State Comptroller, as follows: First, to the payment of the expenses of assessing and collecting the same; second, to the payment of the annual interest of such bonds, and not less than two per cent. of the principal; and if there be any excess on hand, after making the above payments for the current year, it shall be used in the purchase and cancellation of said bonds.

SEC. 9. All taxes levied under this act shall be assessed and

collected by the same officers whose duty it is to assess and collect the State tax, and they shall receive for their services one-fourth the rates of commission allowed for assessing and collecting the State tax. The said tax shall be assessed and collected in the same manner as the State tax, and the same remedies shall be used to enforce its collection that are provided by law to enforce the collection of the State tax.

SEC. 10. The officer whose duty it is to collect the taxes levied under this act shall give a bond, with two or more sufficient sureties, to be approved by the State Comptroller, in a sum which shall be equal to double the estimated annual amount of said tax, which bond shall be payable to the State, and shall be conditioned for the fait..ful collection and payment of said tax into the State Treasury.

SEC. 11. It shall be the duty of the State Treasurer to receive all moneys collected under this act, and to keep separate accounts thereof, and to pay out the same on warrants drawn by the State Comptroller, who, with the Treasurer, are jointly charged with carrying into practical effect the purpose and objects of this act.

SEC. 12. Any county court may, from time to time, require from the State Comptroller a statement showing the condition of its accounts with the State, and the number and cost of bonds purchased and cancelled, which shall in all cases be returned to the court, after being defaced by writing across the face of each bond the name of person from whom it was purchased, the date of cancellation, and the cost or amounts paid for the same and the number of coupons thereon.

SEC. 13. The collector of taxes levied under this act shall pay over to the State Treasurer, at the beginning of each and every month, all moneys he may have collected during the next preceding month, deducting his legal commissions on the amount so paid, and he shall, at each regular meeting of the county court, make a report of his collections and payments to the State Treasurer since the next preceding term.

SEC. 14. If it shall be ascertained at any time that the tax which has been levied for the payment of county bonds issued under the provisions of this act is insufficient to pay the annual interest and two per cent. annually of the principal of such bonds, besides the expenses of assessing and collecting such tax, it shall be the duty of the Comptroller to see that such additional tax is levied and collected as will be sufficient to make such payments, which levy shall be continued in force until the whole amount of the principal and interest of said bonds shall have been fully paid.

EC. 15. No county shall aid in the construction of any one railroad or work of internal improvement to an amount exceeding

ten per cent. of the assessed value of the real and personal property situated in the county, to be ascertained by reference to the latest assessment of said property for State taxes; and no county shall aid in the construction of any such works of internal improvement to an amount exceeding, in the aggregate at any one time, twenty per cent. on the assessed value of all the real and personal property situated in the county, to be ascertained in like manner.

SEC. 16. Any incorporated city or town in the State shall have the right to aid in the construction of railroads and other works of internal improvements, under the provisions of this act, and in case any one of thein shall desire to do so, the petition shall be signed by not less than fifty freeholders residing in such city or town, and shall be presented to the mayor and aldermen of such city or town; provided, that any aid heretofore offered by towns or cities shall not be affected by this act. The mayor shall perform the same duties as the presiding justice; the mayor and aldermen, or common council, shall perform the same duties as the county court; the city or town clerk the same duties as the clerk of the county court; the city or town treasurer the same duties as the county treasurer; under the same limitations and provisions as are imposed upon the officers who, under this act, perform the same duties for the counties. And all residents of the city or town, who are entitled to vote under article six section one, of the State Constitution, shall be allowed to vote on the proposition, as hereinbefore provided for in the case of a county; and all powers and duties imposed by this act, in regard to taxation and county bonds, upon the fficers who are to act for counties, shall be exercised by the officers named in this section to perform similar duties for cities and towns, and under the same restrictions and limitations.

SEC. 17.

its passage.

This act shall take effect and be in force from and after

Approved April 12, 1871.

CHAPTER XXXVIII.

AN ACT TO AMEND SECTION TWELVE OF "AN ACT PRESCRIBING THE TIMES OF HOLDING THE DISTRICT COURTS IN THE SEVERAL JUDICIAL DISTRICTS OF THE STATE OF TEXAS," APPROVED august 10, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the twelfth section of an act entitled "An act pre

scribing the times of holding the district courts in the several judicial districts of the State," approved August 10, 1870, shall be so amended as to read hereafter as follows: "Section 12. That the district courts of the Eleventh Judicial District shall be holden at the times hereinafter specified, to-wit: "In the county of Fannin, on the first Mondays in September, January and May, and may continue in session three weeks; in the county of Hopkins, on the fourth Mondays in September, January and May, and may continue in session three weeks; in the county of Hunt, on the third Mondays in October, February and June, and may continue in session three weeks; in the county of Collin, on the second Mondays in November, March and July, and may continue in session four weeks."

SEC. 2. That this act shall take effect from and after its passage. Approved April 12, 1871.

CHAPTER XXXIX.

AN ACT SUPPLEMENTAL TO AND AMENDATORY OF "AN ACT TO PROVIDE FOR DISTRICTING THE STATE OF TEXAS INTO JUDICIAL DIS

TRICTS," APPROVED JULY 2, A. D. 1870.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That the seventeenth section of the above recited act be, and the same is hereby amended so as to read as follows: "The Seventeenth District shall be composed of the counties of Goliad, Bee, Live Oak, Karnes and Wilson, and the following unorganized county shall be attached to this district for judicial purposes, viz: McMullen."

SEC. 2. That the Twenty-fourth Judicial District shall be composed of the counties of Medina, Bandera, Maverick, Uvalde and Atascosa, and the following unorganized counties shall be attached to this district for judicial purposes, viz: Frio, Zavala, Dimmitt and Kinney.

SEC. 3. That the Twenty-sixth Judicial District shall be composed of the counties of Blanco, Gillespie, Kendall, Kerr and Comal, and the following unorganized counties shall be attached to this district for judicial purposes, viz. Edwards and Kimball.

SEC. 4. That this act take effect and be in force from and after its passage.

Approved April 12, 1871.