CHAPTER XL.

AN ACT PROVIDING FOR THE TRANSFER OF CERTAIN CAUSES PENDING IN THE DISTRICT COURT OF POLK COUNTY FROM THE COUNTY OF POLK TO THE COUNTY OF SAN JACINTO.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the clerk of the District Court of Polk county be and is hereby authorized, empowered and ordered to transmit to the clerk of the District Court of San Jacinto county all the original papers in all causes, including appeal causes, pending in the District Court of Polk county, of which the District Court of San Jacinto county would have had jurisdic.ion had said county been organized at the date of the bringing of said causes.

SEC. 2. That the clerk of the District Court of said county of Polk be, and he is hereby ordered to make out a true and correct copy, in a bound book, of all orders, decrees and judgments entered or rendered in the causes ordered to be transferred by the first section of this act, and to deliver the same, within sixty days from the passage of this act, to the clerk of the District Court of San Jacinto county.

SEC. 3. That the clerk of the District Court of San Jacinto county shall receipt to the clerk of the District Court of Polk county for the original papers specified in the first section of this act, and file the same in his office, and the same shall be in his custody and charge as if they were originally brought in said District Court of San Jacinto county.

SEC. 4. That the clerk of the District Court of Polk county shall receive twenty (20) cents per hundred words for all copies of orders, decrees and judgments transcribed as provided in the second section of this act, to be paid by the County Court of San Jacinto county.

SEC. 5. That all subsequent proceedings had in said causes transferred from the county of Polk to the county of San Jacinto, as provided in the first section of this act, shall be as binding upon the parties litigant as if said causes had been originally brought in said county of San Jacinto.

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

Approved April 13, 1871.`

CHAPTER XLI.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ORGANIZE THE COURTS OF JUSTICES OF THE PEACE AND COUNTY COURTS, AND TO DEFINE THEIR JURISDICTION AND DUTIES," APPROVED AUGUST 13, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That section thirty-eight, of an act entitled "An act to organize the courts of justices of the peace, and county courts, and to define their jurisdiction and duties," approved August 13, 1870, be and is hereby repealed.

SEC. 2. That this act take effect and be in force from and after its passage.

Approved April 14, 1871.

CHAPTER XLII.

AN ACT TO PROVIDE FOR THE MORE PERMANENT PRESERVATION OF THE GRAVES IN THE STATE CEMETERY AT AUSTIN, TEXAS.

SECTION 1. Be it enacted by the Legislature of the State Teras, That the keeper of the State Cemetery be, and he is hereby suthorized and instructed to procure and erect at the head of each grave now without a permanent monument, and at the head of each grave hereafter made in said cemetery without such permanent monument or mark an obelisk of marble, on which shall be engraved the appropriate inscription, each obelisk to be procured and erected at a cost not to exceed forty dollars.

SEC. 2. That the sum of one thousand dollars, or as much thereof as may be necessary, be, and the same is hereby appropriated out of any money in the Treasury, not otherwise appropriated, for the payment of said obelisks, erected and inscribed as prescribed in the preceding section, and the Comptroller is hereby authorized to draw his warrant upon the Treasurer for that amount; provided, that he shall require, in auditing the accounts, each item and its cost fully stated.

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

Approved April 14, 1871.

CHAPTER XLIII.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT PRESCRIBING THE TIMES OF HOLDING THE DISTRICT COURTS IN THE SEVERAL JUDI

CIAL DISTRICTS IN THE STATE," APPROVED AUGUST 10, 1871.

[SECTION 1.] Be it enacted by the Legislature of the State of Texas, That section sixteen of an act entitled "An act prescribing the times of holding the district courts in the several judicial districts of the State," approved August 10, 1870; be amended to read as follows: "In the county of Webb, on the first Mondays in March, July and November, and may continue is session two weeke; in the County of Starr, on the third Mondays in March, July and November, and may continue in session two weeks; in the county of Hidalgo, on the fourth Mondays after the first Mondays in March, July and November, and may continue in session one week; in the county of Cameron, on the fifth Mondays after the first Mondays in March, July and November, and may continue in session until the business is disposed of. That for judicial purposes the unorganized counties of Encinal and La Salle shall be attached to the county of Webb."

[SEC. 2.] That this act take effect and be in force from and after the first of July, 1871.

Approved April 17, 1871.

CHAPTER XLIV.

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE AGRICULTURAL AND MECHANICAL COLLEGE OF TEXAS.

WHEREAS, The Congress of the United States, by an act passed July 2, 1862, donated one hundred and eighty thousand acres of land to each State for the purpose of building an agricultural and mechanical college, allowing five years for the completion of said college, and amended said act July 23, 1866, extending the time for sach completion to July 23, 1871; and

Whereas, We recognize the importance of the establishment of said agricultural and mechanical college, and of securing to our State the land donated by the above cited act; therefore,

SECTION 1. Be it enacted by the Legislature of the State of Teras, That there be hereby established within this State an institution of learning, under the name and style of the Agricultural and Mechanical College of Texas, to be located at such place and in such manner as herein provided.

SEC. 2. The Governor chall within ten days after the passage of this act appoint three commissioners, whose duty it shall be, within thirty days after their appointment, to select a suitable place for the location of said agricultural and mechanical college; and the place so selected shall be the permanent location of said college. Said place shall contain at least twelve hundred and eighty acres of good land, which shall be owned by the college, fenced and used under the direction of the board of administrators; and the sum of seventy five thousand dollars, or so much of the same as may be necessary, is hereby set apart and appropriated out of the school fund for the building of said college.

SEC. 3. So soon as the location of said agricultural and mechanical college shall have been determined upon, it shall be the duty of the commissioners to proceed to the construction of the necessary buildings, and for that purpose shall procure the services of a competent architect, who shall superintend the work. Such plan and design for the buildings shall be adopted as shall be consistent with the addition of wings or other structures thereafter, without marring the architectural beauty and fitness of the whole. There shall be constructed suitable buildings for the accommodation of the professors and their families. The contract for the building of said college shall require the performance of the work under ample security for its fitness and faithfulness, as well as completion by the 23d day of July, 1871.

SEC. 4. The expenditures for the construction of buildings, or for other purposes, shall be made under the order of the commissioners hereinbefore named; and when money is required for the payment for the same, it shall be drawn upon the warrant of said commissioners upon the State Treasurer, who shall pay the same out of the school fund of the State.

SEC. 5. The control, management and supervision of said college, and the care and preservation of its property, shall be subject to the laws governing what is known as "An act to establish the University of Texas," passed February 11, 1858, until otherwise directed by law.

SEC. 6. This act shall take effect and be in force from and after

its passage.

Approved April 17, 1871.

CHAPTER XLV.

AN ACT SUPPLEMENTAL TO "AN ACT TO PROVIDE FOR THE RELEASE: OF CHILDREN, OR OTHER PERSONS, CITIZENS OF THE STATE of TEXAS, WHO ARE, HAVE BEEN, OR MAY HEREAFTER BE HELD as CAPTIVES BY THE INDIANS," APPROVED APRIL 5, 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Governor be and he is hereby authorized to advance the whole or any portion of the five thousand dollars, ap-propriated by the act to which this is a supplement, to such agent or agents as he may appoint and commission to carry out the objects and purposes of said act; and may at his discretion require the agent to whom advances are made to enter into bond, with security to be approved by the Governor and payable to the State of Texas, conditioned that he will properly apply the money so advanced tohim and fully account for the same.

SEC. 2. That this act take effect and be int force from. and after its passage.

Approved April 17, 1871.

CHAPTER XLVI.

AN ACT TO INVEST THE PRINCIPAL OF TILE PERPETUAL SCHOOL FUND.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Comptroller of Public Accounts is hereby authorized and required to invest the principal of the perpetual school fund in United States bonds, from time to time, as rapidly as such perpetual school fund shall be received into the Treasury, or be collected and placed at his disposal by the Governor of the State, and