security is offered; and in cases of bonds already in existence, to issue a certificate of release to the securities thereon. SEC. 5. Whenever any such administrator, executor, guardian or trustee shall have fully dischorged all the duties incumbent upon him as such, and shall have made final settlement to the satisfaction of the court, it shall be the duty of the judge to issue to him a full release reinvesting him in the title to the real estate pledged to secure his bond. SEC. 6. In all cases where real estate is given in lieu of personal security, the bond may be taken for the actual amount or value of the property or money placed in the hands of such administrator, executor, guardian or trustee. SEC. 7. That all laws or parts of laws conflicting with this act be and are hereby repealed; and that this act take effect and be in force from and after its passage. Approved May 9, 1871. CHAPTER LXXXIV. AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO ADOPT AND ESTABLISH A PENAL CODE FOR THE STATE OF TEXAS, APPROVED AUGUST 26, A. d. 1856, and TO REPEAL AN ACT ENTITLED "AN ACT TO AMEND ARTICLES 412 AND 418 of an ACT TO ADOPT AND ESTABLISH A PENAL CODE FOR THE STATE OF TEXAS," APPROVED DECEMBER 16, 4. D. 1863. SECTION 1. Be it enacted by the Legislature of the State of Texas, That articles 412 and 418 of the act entitled "An act to adopt and establish a Penal Code for the State of Texas," approved August 26, A. D. 1856, be so amended as to read as follows: "Article 412. If any person shall keep or exhibit, for the purpose of gaming, any gaming table or bank, of any name or description whatever, or any table or bank used for gaming, which has no name, or shall be in any manner interested in keeping or exhibiting such table or bank at any place, he shall be fined not less than twentyfive dollars nor more than one hundred dollars." "Article 418. If any person shall bet at any gaming table or bank, such as are mentioned in the six preceding articles, he shall be fined not less than ten dollars nor more than twenty-five dollars." SEC. 2. That the act entitled "An act to amend articles 412 and 418 of an act to adopt and establish a Penal Code for the State of Texas," approved December 16, A. D. 1863, be and the same is hereby repealed. SEC. 3. That this act shall take effect and be in foree from and after its passage. Passed May 11, 1871. The foregoing aet, 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 origidated within the time prescribed by the Constitution, has become a law without his approval. JAMES P. NEW COMB, CHAPTER LXXXV. AN ACT TO EXEMPT FROM TAXATION CERTAIN PROPERTY THEREIN SPECIFIED. SECTION 1. Be it enacted by the Legislature of the State of Teras, That all buildings with their furniture and libraries, designed and used for purposes of education or religious worship, together with the land owned by said institutions of learning or churches upon which the same may be situated, not exceeding ten acres, shall be and the same are hereby exempted from taxation. SEC. 2. That all buildings, furniture, libraries, philosophical apparatus and lands attached thereto, not exceeding ten acres in each case, owned by, dedicated to, and occupied for charitable or literary associations, while continued in such ownership, dedication or use, shall be exempt from taxation. SEC. 3. That all lands not exceeding twenty aeres, owned or used by any city, town, association or individual, as a cemetery or burial ground, shall be exempt from taxation. SEC. 4. That two hundred and fifty dollars worth of household or kitchen furniture, or farming utensils, belonging to the head of each family, be and the same is hereby exempt from taxation. SEC. 5. That all the machinery, steam engines, and all implements used by fire or hook and ladder companies, actually used for extinguishing fires and nothing else, together with a building sufficient to house the same, shall be exempt from taxation. SEC. 6. This act shall take effect and be in force from its pas sage. Approved May 12, 1871. CHAPTER LXXXVI. AN ACT TO ORGANIZE THE COUNTY OF PRESIDIO. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the county of Presidio be organized with the following limits commencing at a point on the Rio Grande where it is crossed by the one hundred and fifth parallel of longitude west of Greenwich, thence northeast to the San Martin Springs in the Apache mountains, thence southeast to Varela Springs, thence in a southeasterly direction to the mouth of the San Francisco river, where it empties into the Rio Grande, thence up said river to the place of beginning, and all the territory within the said limits shall constitute the county of Presidio. SEC. 2. That Patrick Murphy, Moses E. Kelley and Daniel Murphy are hereby appointed and constituted a board of commissioners for the purpose of organizing and ordering an election for justices of the peace and county officers in said county. SEC. 3. That said commissioners, or a majority of them, shall meet at Fort Davis, in Presidio county, at 12 o'clock M. on the first Monday in May, A. D. 1871, or as soon thereafter as practicable, and shall proceed to divide said county of Presidio into five precincts; said commissioners shall then order an election for a justice of the peace for each precinct, and for a sheriff and clerk of the district court of said county. Said commissioners shall give at least twenty days' notice of said election, by causing notices thereof to be posted in three places in each precinct of said county; said election shall be held at Fort Davis, in Presidio county, it shall continue four days, and shall be conducted in conformity with the laws regulating elections in this State, and for the purpose of carrying into effect the provisions of this act said board of commissioners are hereby invested with all the powers conferred upon judges and commissioners of elections by the laws of this State, and said commissioners shall make return of said election to the Secretary of State within ten days after the close of said election. SEC. 4. That at said election the county seat of said county shall be located by the electors voting thereɛt. 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 an act entitled "An act to organize the county of Presidio," approved July 19, 1870, be and the same is hereby repealed. SEC. 6. That this act shall take effect and be in force from and after its passage. Approved May 12, 1871. CHAPTER LXXXVII. AN ACT TO AUTHORIZE THE GOVERNOR TO RECEIVE FROM THE TREASURY OF THE UNITED STATES THE MONEY DUE THE STATE OF TEXAS FROM THE UNITED STATES. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Governor be and is hereby authorized to receive from the Secretary of the Treasury, or other proper authority of the Government of the United States, all money now undrawn by this State, which has been appropriated by the Congress of the United States to the State of Texas for military services paid by Texas, or for other claims of this State; and the money so received shall be placed by the Governor in the Treasury of this State, subject to appropriations made for the support of the State Government; provided, that all sums received in gold for these clains may be converted into lawful money at the market value thereof by the Governor, and the proceeds thereof placed in the Treasury. SEC. 2. That whatever the Governor is authorized to do in person under this act, he may also do by agent appointed; provided, that if any other officer of this State is authorized and directed by him to perform these services, then such officer shall receive no compensation therefor beyond his necessary expenses in performance of the same; and the sum of one thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the Treasury to defray expenses under this act, to be paid under the approval of the Governor. SEC. 3. That this act take effect and be in force from and after its passage. Approved May 12, 1871. CHAPTER LXXXVIII AN ACT PROVIDING FOR THE PAYMENT OF PERSONS SUMMONED AS WITNESSES BEFORE THE SENATE SITTING AS A HIGH COURT OF IMPEACHMENT IN THE CASE OF WILLIAM H. RUSSELL, JUDGE OF THE FIFTEENTH JUDICIAL DISTRICT, AND MAKING AN APPROPRIATION FOR THE SAME. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Secretary of the Senate be and he is hereby authorized and required to draw his warrant in favor of each one of the witnesses summoned by the State and by the defendant to appear before the Senate in the impeachment case against William H. Russell, Judge of the Fifteenth Judicial District of Texas, for a sum equal to two (2) dollars for each day while going from and returning to their homes, allowing twenty-five miles for each day and fifteen (15) cents for each mile traveled in going from and returning to their homes; said certificates to be issued upon the certificate of the sergeant-at-arms of the Senate. SEC. 2. That there is hereby appropriated out of any moneys in the Treasury not otherwise appropriated, the amount of money necessary to make the payments provided for in the foregoing sec tion. SEC. 3. That this act be in force from and after its passage. CHAPTER LXXXIX. AN ACT TO AUTHORIZE THE COUNTY COURT OF DALLAS COUNTY TO LEVY AND COLLECT A SECIAL TAX FOR THE BUILDING OF A COURT HOUSE. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the County Court of Dallas county, be, and is hereby |