SPECIAL LAWS OF TEXAS, 1871.

CHAPTER I.

AN ACT TO PROMOTE READY ACCESS TO THE MOUNTAIN WOODLANDS NEAR THE CAPITAL, BY MEANS OF FERRIES AND BRIDGES.

SECTION 1. Be it enacted by the Legislature of the State of Teus, That any person or persons owning the land or banks on both sides of the Colorado river in Travis county, more than one mile above Austin, in the direction of the mountain woodlands, or that may have acquired the right to use the said land or banks for ferry or bridge purposes, who shall construct and maintain for the use of the public, a good and substantial ferry or bridge at any point thus controlled by him or them, shall, without license or other condition, have the right to do so, and to build abutments and piers in the river for the purpose, and to do and perform any other work on the banks of the river or in and about the premises that may be useful for maintaining and promoting the efficiency of the ferry or bridge, so long as he or they shall maintain a substantial public ferry or bridge in good order and condition, and to demand and receive toll from all persons crossing at the same, according to the uniform rates of toil established by the police court of the county. But in no case shall toll be taken when the ferry or bridge is in an unsafe condition.

SEC. 2. That this act be in force from and after its passage. Approved February 14, 1871.

CHAPTER II.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO INCORPORATE THE WASHINGTon fire enginE COMPANY NO. 1, OF THE CITY OF AUSTIN," APPROVED JULY 19, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That section four of the above named act, which reads as follows, viz: "That the actual active members of the company who shall hereafter have served therein for one year, shall be exempt from militia duty and service as jurymen, except in capital cases," shall be amended so as to read hereafter as follows, viz:

"Section 4. That all members of said company who shall have performed service therein, or who shall perform service therein, for the term of twelve months, shall be exempt from militia duty and jury service."

SEC. 2. That this act take effect from and after its passage.
Approved March 1, 1871.

CHAPTER III.

AN ACT SUPPLEMENTARY TO AND AMENDATORY OF AN ACT ENTITLED "AN ACT TO INCORPORATE THE DALLAS WIRE SUSPENSION BRIDGE COMPANY," APPROVED JULY 27, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section first of said act shall hereafter read as follows: "Section 1. Be it enacted by the Legislature of the State of Texas, That J. A. B. Record, T. C. Jourdan, W. H. Gaston, Sarah H. Cochrill, J. W. Haynes, J. W. Crowdus, and such other persons as they may associate with them, be and they are hereby created a body corporate and politic, under the name and style of the Dallas Bridge Company,' and as such may make contracts, sue and be sued, have a corporate seal, and may own such property, real and personal, as may be necessary to carry out the objects of this charter, not to exceed in value one hundred thousand dollars."

·

SEC. 2. That section second of said act shall hereafter read as follows: "Section 2. That it shall be the duty of said company to

build a good, safe and substantial bridge across the Trinity river at or within two hundred and fifty yards of a line drawn due west from the centre of the public square in said town of Dallas, Dallas county, Texas, and to construct a good and substantial causeway across the bottom on the west side of said river; said bridge and causeway to be completed and open for public travel within two years from the passage of this act."

SEC. 3. That section fifth of said act shall hereafter read as follows: Section 5. That when said bridge and causeway shall be completed, said company are authorized to demand and receive from each and every non-resident of Dallas county crossing said bridge or causeway, or crossing their property over the same, a toll not to exceed the following rates, to wit: For each wagon, cart, carriage, or other vehicle drawn by more than two horses or other animals, twenty cents per wheel, and five cents for each animal by which the same is drawn; and where the same is drawn by two animals or less, ten cents per wheel, and five cents for each animal by which the same is drawn; for each animal and rider, ten cents; for each loose horse, mule, jack or jennet, five cents; for each loose animal of the cattle kind, five cents; for each foot passenger, five cents; for each sheep, hog or goat, two cents; and from citizens of Dallas county, one-half the above rates. That said company shall have the right to regulate the crossing of persons and property over said bridge and causeway by appropriate rules and regulations, not incompatible with this act or the laws of the State of Texas, and any person who shall wilfully violate the regulations of said company in crossing their property over said bridge or causeway, shall be liable to forfeit and pay to said company the sum of five dollars, and costs of suit, and all damages that the property of the company may sustain by reason of the violation of such rules and regulations, recoverable before any court of competent jurisdiction; provided, that such rules and regulations are plainly posted at each end of said bridge and causeway at the time."

SEC. 4. That section eighth of said act shall hereafter read as follows: "Section 8. That no person shall be authorized or allowed to erect any bridge or keep any ferry across said Trinity river at or within three miles of the city of Dallas, after the said bridge herein authorized is completed; provided, that said company may keep a ferry boat while said bridge is in process of construction, and at such times as said bridge may be out of repair, with the tolls allowed in this act, until the said bridge is put in order and safe condition. That said company shall have the right of way over any land on which they may locate their bridge and causeway, in accordance with this act, and may enter upon and take possession of said

land, provided the same shall not exceed one hundred feet in width, by paying the owner or owners thereof whatever may be agreed upon; and should the said owner or owners of said lands and said company not be able to agree as to the price, the said company may petition the Judge of the District Court of said county, giving a description of the land which they require, with the owner's name or names, and the said judge shall summon a jury of six freeholders not in any manner interested, who shall on oath make a report of the value of the land so required; and upon the payment to the owner or owners, or his or their agents, a good and bona fide title shall be granted by said judge to said company for said lands, a copy of which shall be recorded in the office of the district clerk of the county aforesaid."

SEC. 5. That section ninth of said act shall hereafter read as follows: "Section 9. That this charter of incorporation continue and remain in force for fifty years from and after the completion of the bridge of said company; and that this act take effect and be in force from and after its passage." Approved March 2, 1871.

CHAPTER IV.

AN ACT TO INCORPORATE THE JEFFERSON GAS LIGHT COMPANY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That E. Marx, W. Q. Bateman, B. J. Terry, W. P. Williams, John C. Murphy, E. W. Taylor, and such other persons as are or may be associated with them, are hereby created a body corporate and politic, under the name and style of the Jefferson Gas Light Company, and by that name shall have succession, and shall have and use a common seal, and shall be capable in law of suing and being sued, pleading and being impleaded, in all courts of this State; of contracting and being contracted with; and of purchasing, acquiring and holding such real estate and personal property as may be necessary to the successful prosecution of its business, as hereinafter described.

SEC. 2. That the capital stock of said company shall be one hundred thousand dollars, to be divided into shares of one hundred dollars each, and said stock may be owned by individuals, companies and corporations.

SEC. 3. That the said company may pass and put into execution all such by-laws, rules and regulations, not contrary to the Constitution and laws of this State and the United States, as may be necessary for its good government, and for the efficient management of its affairs.

SEC. 4. That said company shall keep an office in the city of Jefferson, Texas, and its business shall be to make and furnish gas to the city of Jefferson and the residents thereof, and to vend the

same.

SEC. 5. That said company may extend the main pipes for distributing the gas when in its judgment it may seem expedient so to do; but shall be bound to extend its main pipes whenever the public and private lights immediately arising from said extension will pay a profit of twelve per cent. on the cost thereof; and whenever an extension is required the company shall furnish the proper estimates of the cost of the same; and when the sum required shall be subscribed the company shall be bound to make the extension, until their capital stock is absorbed in the gas works and extensions.

SEC. 6. That to enable said gas company to construct its gas works, and to extend and continue its pipes in the city of Jefferson, Texas, it is hereby authorized to continue the use of the pipes and conductors which have been laid down; and, with the consent of the city council, to own and extend its pipes and conductors through the other alleys and streets of said city; and for that purpose it shall be permitted to take up the pavements or dig up the streets and replace and repair the same, and shall be responsible to the city for any damage that may arise therefrom, or any unreasonable delay in replacing or repairing the same; and said company shall be subject to all the regulations of the city as to the streets and alleys, and to the same ordinances and penalties that individuals may be subject to; provided, that such extensions be made with the consent of the city council of Jefferson, Texas.

SEC. 7. That the said gas company shall put lamp posts and fixtures, etc., along the street mains as they are extended, at a distance apart of three hundred feet, or as near that distance as the dimensions of the squares may admit, so as to make an equal distribution of the same; and on both sides of the street the lights are to be located so as to alternate, preserving the same distance, viz: three hundred feet for the lamps on each side of the street. The said gas company is to keep the lamps in order, to furnish gas and lights, and extinguish the same, giving to each light an illuminating power of about ten burning sperm candles; and the time of burning shall be from the close of twilight at evening until the dawn of day in the morning, except on clear moonlight nights, when the lights