rectors of the school districts from making any separation of the students that the peace and success of the school and the good of the whole may require.

SEC. 4. The Board of Education for the State shall report for action of the Legislature, from time to time, such amendments of the school laws of this State as may be found necessary, stating in their report the facts and reasons which, in their opinion, render necessary such proposed amendments.

SEC. 5. The available school fund, liable to appropriation for the support of public schools, is hereby declared to be all interest which has accrued, or may hereafter accrue, to the school fund from railroads or otherwise, since the thirtieth day of March, 1870, onefourth of all the ad valorem and occupation taxes assessed since · that date, and such other taxes as have been or may be provided by law for the support of public schools. Accounts against this available school fund shall be paid out of any part of it that may be in the Treasury, on appropriation therefor by the Legislature. The directors of each school district shall have authority to levy a tax of not exceeding one per cent. for the purpose of building school houses and maintaining schools in their respective school districts; and the manner of the col'ection and disbursement of this tax shall be prescribed by the Board of Education for the State.

SEC. 6. The board of school directors shall require the attendance on the public schools of their respective districts, of all the scholastic population thereof, for a term of at least four months of each and every year; and should any of said scholastic population neglect or refuse to attend said schools each and every parent or guardian of such child or ward neglecting or refusing to attend shall be deemed guilty of a misdemeanor, and upon trial and conviction thereof before any court of competent jurisdiction, shall be fined in a sum not to exceed twenty-five dollars for each and every such offense, and shall pay the costs of the prosecution; and all moneys collected for fines, under the provisions of this section, shall be paid into and become a part of the public school fund of the district where the penalty was incurred; provided, that when any child or ward of scholastic age may be shown to have received regular instruction from any private teacher having a proper certificate of competency, or when it may be shown that said child or ward was prevented by ill health from attending school, or that there was no public school within three miles of the residence of said child or ward, or that said absence was caused by reason of danger from hostile Indiansthis shall exempt them from the operation of the penalty contemplated by this section; and further provided, that nothing in this act shall be so construed as to compel the attendance of a child under

ten years of age on the public free schools when there is no school established within one mile of the residence of said child or ward.

SEC. 7. That all laws and parts of laws not consistent with this act be, and the same are hereby repealed, and that this act take effect and be in force from and after its passage. Approved April 24, 1871.

CHAPTER LV.

AN ACT AMENDATORY OF AND SUPPLEMENTAL TO "AN ACT TO GIVE TO THE SEVERAL PROVISIONS OF THE CONSTITUTION CONCERNING TAXES."

SECTION 1. Be it enactel by the Legislature of the State of Texas, That section seven of "An act to give effect to the several provisions of the Constitution concerning taxes," be and the same is hereby amended so as to read as follows: "Section 7. There shall be levied on and collected from any and all railroads and telegraphs doing business in this State, an annual tax of one per centum on the gross receipts of the same.'

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

Approved April 25, 1871.

CHAPTER LVI.

AN ACT IN REFERENCE TO THE LOCATION, SURVEY AND RETURN OF GENUINE LAND CERTIFICATES.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That no rights held by any individual or corporation, by virtue of a genuine land certificate, shall be considered forfeited by reason of its failure to have been located or surveyed, or returned since the second day of March, 1861, under any laws heretofore passed limiting the time for such location or survey, and the time for the location, survey and return to the General Land Office of all

such certificates, shall be extended to the first day of January, A. D. 1875; provided, this act shall not validate any land certifi cates issued to any railroad company, that have been declared void by competent authority.

SEC. 2. That all surveys, properly made, by virtue of genuine or valid land certificates, which surveys, together with the certificates by virtue of which they were made, have been returned and are now on file in the General Land Office, and not in conflict with any other valid land claim, shall be deemed valid, and the Commissioner of the General Land Office is hereby authorized and required to issue patents for the same.

SEC. 3. This act shall take effect and be in force from its passage.

Passed April 25, 1871.

The foregoing act, received in the office of Secretary of State the fourth day of May, one thousand eight hundred and seventy-one, having been presented to the Governor of Texas for his approval, and not having been returned by him to the house in which it originated within the time prescribed by the Constitution, has become a law without his approval.

JAMES P. NEWCOMB,
Secretary of State.

CHAPTER LVII.

AN ACT AMENDATORY OF ARTICLE TWO HUNDRED AND SIXTY-THREE OF THE CODE OF CRIMINAL PROCEDURE.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That in all bailable cases of appeal to the Supreme Court, the following form of recognizance is hereby prescribed, to-wit: The defendant,

and
and...

his sureties, jointly

and severally acknowledge themselves indebted to the State of Texas in the penal sum of dollars, for the payment

of which, well and truly to be made, they bind each of themselves, their heirs, executors and administrators, to be levied of their respective goods, lands, tenements and estates; but to be void on condition that the said defendant,

who is charged with the offense of

...

appear before the District Court of the county of

on the

...

Monday of ...

next,

there to remain from day to day, and from term to term, and not depart without leave of said district court, in order to abide the judgment of the Supreme Court of the State of Texas.

SEC. 2. That the Supreme Court shall not entertain jurisdiction of any case requiring a recognizance that does not substantially comply with the above form; provided, that in all cases now pending before the Supreme Court, or that may be appealed to the same before the first day of June next; if it shall appear from the record that a recognizance was taken in the form prescribed by the court trying the case, the same shall not be dismissed for want of proper recognizance.

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

Approved April 26, 1871.

CHAPTER LVIII.

AN ACT TO AMEND SECTIONS ONE AND FOUR OF "AN ACT TO DEFINE, ESTABLISH AND MARK THE BOUNDARIES OF THE COUNTIES OF CAMERON, HIDALGO, STARR, ZAPATA, WEBB, ENCINAL, DUVAL AND NUECES," PASSED JULY 26, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section one of "An act to define, establish and mark the boundaries of the counties of Cameron, Hidalgo, Starr, Zapata, Webb, Encinal, Duval and Nueces," passed July 26, 1870, be and is hereby amended, so as hereafter to read as follows: That the line dividing the counties of Webb, Eacinal, Duval, and Nueces from Zapata, Starr, Hidalgo and Cameron, shall begin on the left margin of the Rio Grande river, at a point called "El Cañon de San Andres," being the lower line of the ancient jurisdiction of the town of Laredo; thence shall follow the lower line of Webb county, to the southwest corner of Encinal county; and thence shall run due east to the mouth of Olmos creek; and thence shall run on the same course across the Laguna Madre, and across Padre Island to the Gulf of Mexico. The north and south lines dividing the counties of Encinal, Duval and Nueces shall be prolonged south, so as

to intersect the east and west lines before described. The other lines dividing the counties of Zapata, Starr, Hidalgo and Cameron from each other shall remain as now fixed by law, and shall be surveyed and marked as hereinafter provided for.

SEC. 2. That section four of the act before recited shall hereafter read as follows: Be it further enacted, That the lines established in the first section of this act shall be surveyed and marked as soon as may be practicable after the passage of this act, and, when properly completed, shall remain the permanent lines and boundaries of said counties.

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

Approved April 26, 1871.

CHAPTER LIX.

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF HAVING CERTAIN GENERAL INDEXES IN THE GENERAL LAND OFFICE COPIED.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of three thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated for the purpose of having certain general indexes in the General Land Office transcribed, at the rate of fifteen cents per hundred words, and that this act take effect from and after its passage. Approved April 23, 1871.

CHAPTER LX.

AN ACT PROVIDING THAT ALL FEES OR COSTS OF PEACE OFFICERS SHALL BE TAXED AND PAYABLE IN UNITED STATES CURRENCY.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That on and after the passage of this act, all fees or costs, in both civil and criminal causes, due and payable to the clerk of the