shall make returns of said election to the Secretary of State within ten days after the close of said election. SEC. 4. That at the said election the county seat of said county shall be located by the electors voting thereat. Each elector may place on his ballot the name of some place within said county as the county seat, and the place receiving the highest number of votes shall be the county seat of said county. SEC. 5. That this act take effect and be in force from and after its passage. Approved May 3, 1871. CHAPTER LXXI. AN ACT FOR THE PROTECTION OF POOR PERSONS IN CASES OF APPEAL IN CIVIL SUITS. SECTION 1. Be it enacted by the Legislature of the State of Teras, That in cases of appeal from the judgment of any court of this State in civil suits, where the party appealing is unable to give bond and security for costs, as may be provided by law, it shall be sufficient for the party appealing to make affidavit that he is unable to give such bond, and shall file the same in the case, which affidavit, when so filed, shall operate a perfection of the appeal in respect to the matter of costs. SEC. 2. That upon the filing of the affidavit, as provided in the first section of this act, the jurisdiction of the appellate tribunal shall thereupon attach as effectually as if bond and security had been given. SEC. 3. That this act take effect and be in force from and after its passage. Approved May 3, 1871. CHAPTER LXXII. AN ACT SUPPLEMENTARY TO AN ACT ENTITLED "AN ACT PROVIDING FOR THE ISSUANCE AND SALE OF THE BONDS OF THE STATE OR THE PURPOSE OF MEETING THE APPROPRIATIONS MADE FOR MAINTAINING RANGING COMPANIES ON THE FRONTIER," APPROVED AUGUST 5, 1870. SECTION 1. Be it enacted by the Legislature of the State of Teras, That his Excellency, Governor E. J. Davis, be and he is hereby authorized to direct and require the National Bank Note Company of New York to deface and cancel the plates on which bonds for frontier defense were issued. SEC. 2. Be it further enacted, That this act take effect and be in force from and after its passage. Approved May 4, 1871. CHAPTER LXXIII. แ AN ACT SUPPLEMENTAL TO AN ACT ENTITLED AN ACT TO AUTHORIZE COUNTIES, CITIES AND TOWNS, TO AID IN THE CONSTRUCTION OF RAILROADS AND OTHER WORKS OF INTERNAL IMPROVEMENTS," APPROVED APRIL 12, 1871. SECTION 1. Be it enacted by the Legislature of the State of Texas, That whenever any county, city or town, in the State of Texas voting under the provisions of an act entitled "An act to authorize counties, cities and towns, to aid in the construction of railroads and other works of internal improvements," approved April 12, 1871, shall determine to aid any railroad or other work of internal improvement, either by taking stock, or by loan, or by donation thereto; all such aid of whatever character shall be appropriated exclusively and wholly to such railroads or other works of internal improvement, or to such portions thereof, and those only, as may be located and constructed within the limits of the State of Texas. No part or portion of any such aid so voted to any railroad or other work cf internal improvement shall be expended upon any such work, or any portion thereof, beyond the limits of the State of Texas. SEC. 2. Any violation of the provisions of this act by any railroad or other work of internal improvement to which aid may have been granted, shall have the effect of making null and voi all the aid of whatever character voted to any railroad or other work of internal improvement so violating the provisions of this act. SEC. 3. That this act shall be in force from and after its passage. Approved May 6, 1871. CHAPTER LXXIV. AN ACT PROVIDING FOR THE COMPLETION AND CONTROL OF THE SUPREME COURT BUILDING, LIBRARY, ETC. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the building situated on the Capitol grounds, in the city of Austin, and now being improved for the use of the Supreme Court, when completed, shall be dedicated to the use of the Supreme Court of the State of Texas, and used exclusively for a court room, library, clerk's office, and chambers for the Judges of the Supreme Court, and office for the Attorney General. SEC. 2. That all money appropriated for the use of the Supreme Court building, for repairing and furnishing the same, and for the Supreme Court library, shall be placed by the State Treasurer to the credit of the Supreme Court for the purposes therein specified to be drawn from the Treasury of the State upon a warrant or warrants of the Comptroller, to be issued upon the vouchers of said court or any one of the judges thereof, as that body may direct. SEC. 3. That said Supreme Court building shall be completed and furnished, with the exception of furnishing the Attorney General's office, under the immediate control and supervision of the Supreme Court; and that all repairs and alterations hereafter to be made shall be under the direction and control of said court. SEC. 4. That said Supreme Court building, library, furniture, records, and all other property belonging to said court or building, shall be under the exclusive control and management of the Supreme Court, and such persons as may be appointed by said court for that purpose. SEC. 5. That this act shall take effect and be in force from and after its passage. Approved May 6, 1871. CHAPTER LXXV. AN ACT TO REQUIRE THE CLERK OF THE DISTRICT COURT OF LAMAR COUNTY TO INDEX THE RECORDS IN HIS OFFICE, AND PROVIDING FOR HIS PAYMENT THerefor. SECTION 1. Be it enacted by the Legislature of the State of Teras, That the clerk of the District Court of Lamar county, be and is hereby required to prepare suitable and correct cross-indexes of all the records in his office. SEC. 2. That the County Court of Lamar county, is hereby authorized and required to make provision for the payment of said clerk, out of any moneys belonging to the county, at the rate of twenty cents per hundred words, for preparing said cross-indexes for all records in said office not indexed at the date of the election and qualification of said clerk. SEC. 3. That this act shall take effect and be in force from and after its passage. Approved May 6, 1871. CHAPTER LXXVI. AN ACT TO FURTHER AMEND THE ELEVENTH SECTION OF "AN ACT TO PROVIDE FOR THE REGISTRATION OF DEEDS AND OTHER IN STRUMENTS OF WRITING," APPROVED MAY 12, 1846. SECTION 1. Be it enacted by the Legislature of the State of Teras, That section eleven of the above recited act, be so amended that it will hereafter read as follows: "Proof or acknowledgment of every instrument of writing for record may be taken before some one of the following officers; first, when acknowledged or proven within the State, before some notary public, district clerk, or judge of the supreme or district court in the State; second, when acknowledged or proven without the State, and within this United States, or their territories, before some notary public, commissioner of deels for this State, or before some judge or clerk of a court of record having a seal; third, when acknowledged or proven without the United States, before some public minister, charge d'affaires consul or consular agent of the United States, or notary public, and in all cases the certificate of such acknowledgment or proof, shall be attested under the official seal of the officer taking the same. SEC. 2. That this act shall take effect and be in force from and after its passage. Approved May 6, 1871. CHAPTER LXXVII. AN ACT TRANSFERRING THE SETTLEMENT OF THE ESTATE OF JAMES H. LEAVERTON, deceased, fROM THE DISTRICT court of anderSON COUNTY TO THE DISTRICT COURT OF HOUSTON COUNTY. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the business and settlement of the estate of James H. Leaverton, deceased, late of said county of Anderson, be transferred from the District Court of Anderson county to the District Court of Houston county, Texas, which court shall take jurisdiction of the same, and that the clerk of the District Court of Anderson county keep copies of all papers filed in said estate in his office, and that he furnish the administrator of said estate upon demand with the original papers of said estate on file, and copies of all entries on record in said court, upon the payment of his fees, and that this act take effect from and after its passage. Passed May 8, 1871. The foregoing act, received in the office of Secretary of State May twenty-third, 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, |