CHAPTER LVI.

AN ACT AMENDATORY OF SECTION TWO OF AN ACT FOR CEDING TO THE UNITED STATES JURISDICTION OF CERTAIN LANDS IN

THIS STATE FOR PUBLIC PURPOSES, APPROVED DECEMBER 19, 1849.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section two of "An act for ceding to the United States jurisdiction of certain lands in this State for public purposes," approved December 19, 1849, be so amended that hereafter it shall read as follows: If the Executive officer, or other authorized agent employed by the United States to make such purchase or purchases, and the owner or owners of the land or lands, contemplated to be purchased as aforesaid, cannot contract or agree for the sale and purchase thereof, it shall be lawful for such officer, or other agent, to apply in writing to the judge of the district court of the court in which such land or lands, or the greater portion thereof, may be situated, to estimate the value of such land or lands in the manner hereinafter mentioned, and to order a conveyance of the same to the United States for the purposes aforesaid; whereupon it shall be the duty of said judge, and he is hereby authorized and empowered, after reasonable notice given to said owner or owners, their legal representatives or guardians, to hear and finally determine the value of the land or lands in question by a competent jury, under oath, to be summoned by the sheriff or the proper officer of said court, for that purpose, or by a committee of three persons, such as shall be agreed upon and appointed by the parties aforesaid, such committee if agreed on and appointed as aforesaid, to be duly sworn faithfully and impar tially to value the land or lands last aforesaid, and the value thereof being thus ascertained to the satisfaction of said judge after survey thereof, duly made under the direction of himself, or by consent of said parties, and after such other proceedings in the premises as he shall deem right and proper he shall order and decree the same to be conveyed in due form to the United States, to be held, owned and possessed by them for the purposes aforesaid and none other; provided, that the amount of such valuation with the reasonable costs of such owner or owners attending such proceedings shall be paid to him, her or them, or into said court for his, her or their use before execution or record of such conveyance, and; provided moreover, that if it shall appear to said judge, upon objection made by such

owner or owners, their representatives or guardians, that the quantity of any given tract, parcel or extent of land sought to be purchased as aforesaid is greater than reasonable, he may, in his discretion, refer the matter of such objection to the Governor of this State for his determination, and, provided further, that if the Executive officer, or other authorized agent employed by the United States to make such purchase as contemplated in this act, shall desire to purchase any land or lands owned by private party or parties and not situated within the limits of any county in this State, then, in such case, upon application being made by the said officer or agent of the United States, to the Governor of this State, it shall be the duty of the Governor to designate the district judge have jurisdiction over the organized county nearest to the land or lands whose purchase is thus sought; whereupon, it shall be lawful for the said officer or agent of the United States to institute proceedings before the said judge in the county nearest to the said land or lands for the conveyance of the same to the United States for the purposes aforesaid, and it shall be the duty of the said judge, and he is hercby authorized and empowered to proceed in all things necessary to the correct valuation and to the conveyance to the United States, of said land or lands as if the same were situated within the county wherein proceedings had been instituted therefor, and the said judge shall order and decree the conveyance in due form to the United States, of such land or lands to be held, owned and possessed by the United States for the purposes aforesaid and none other.

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

Approved November 28, 1871.

CHAPTER LVII.

AN ACT SUPPLEMANTAL TO AN ACT IN RELATION TO THE LOCATION, SURVEY AND RETURN OF GENUINE LAND CERTIFICATES, PASSED APRIL 25 1871..

SECTION 1. Be it enacted by the Legislature of the State of Texas, That in all cases of the location and survey of lands, by virtue of any genuine land certificate, including Headrights of the first second and third class. Bounty warrants, scrip, and all other

valid land certificates, warrants and scrip the certificate by virtue of which the location and survey is made, shall be returned to the General Land Office, with the field notes, within the time prescribed by law for returning field notes; and the withdrawal of such certificate from the General Land Office, shall render such location and survey null and void; provided, that when a certificate has been located in part, and returned to the General Land Office, the party owning or controlling such certificate, may withdraw the same for the purpose of locating the unlocated balance thereof, and it shall be the duty of the Commissioner of the General Land Office to endorse on every certificate thus withdrawn the amount of land already located, of which field notes have been returned and are on file in the General Land Office, and such withdrawal shall not in any manner impair the validity of the location.

SEC. 2. That in all locations and surveys of land heretofore made by virtue of any such Certificate, as is specified in the first section of this act, and in which the field notes have been returned to the General Land Office and the Certificate by virtue of which the survey was made is not on file in the General Land Office, nor has been withdrawn for location of unlocated balance as is provided in the first section of this act, such certificate shall be returned to, and filed in the General Land Office within eight months from the passage of this act, or the location and survey made by virtue thereof, shall be null and void. And in all locations heretofore made in which the field notes have not been returned to the General Land Office, they shall be so returned within the time prescribed by law and shall be accompanied by the certificate by virtue of which the survey was made, or such location and survey shall be null and void.

SEC. 3. That in all cases when the field notes of surveys of land heretofore made have been from any cause withdrawn from the General Land Office, the same shall be returned to said office within twelve months after the passage of this act, or such survey or surveys shall be null and void. And in all cases when field notes shall hereafter be withdrawn from the General Land Office, the same shall be returned thereto within twelve months from the date of withdrawal, or such survey or surveys shall be null and void.

SEC. 4. That it shall be the duty of the Commissioner of the General Land Office immediately after the passage of this act to forward a copy of the same to each and every surveyor in the State. SEC. 5. That this act shall take effect and be in force from its passage.

Approved November 29, 1871.

AN ACT AMENDATORY OF AND SUAPLEMENTAL TO AN ACT TO GIVE EFFECT TO THE SEVERAL PROVISIONS OF THE CONSTITUTION CONCERNING TAXES, APPROVED APRIL 22, 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section thirty 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 30. Where the assessment for all the precincts of a county is made by a deputy of the justices thereof, who is bonded, he shall be allowed and paid a commission of five per cent. on the first five thousand dollars of taxes lawfully assessed by him, and three per cent. on all sums above five thousand dollars, half the above rates to be allowed for assessing other taxes than the direct ad valorem State tax; provided, however, that counties may allow a commission not to exceed that allowed on the direct ad valorem State tax. When any justice of the peace assesses in person or by deputy, who is not also the deputy of the other justices of the county, the above named commission shall be allowed and paid him. Sheriffs or their deputies shall be allowed and paid for distraints under this act what they are allowed and paid for like services in civil suits, and shall also be allowed and paid mileage at the rate of twenty cents per mile for every mile actually and necessarily traveled by them in going to and returning from the capital in order to settle their accounts and pay into the Treasury the taxes collected by them; they shall be allowed and paid commission for collecting all State, occucupation and direct ad valorem taxes, five per cent. on the first five thousand dollars, and three per cent. on all sums above five thousand dollars, and shall be allowed and paid one-half of the above rates for collecting all other taxes. The commissions above described, to which justices of the peace are entitled for assessing, together with the commissions of sheriffs for collecting the taxes, shall be paid out of the general revenue; provided, nevertheless, that when the total compensation for assessing or for collecting in any county shall exceed the sum of four thousand dollars, the excess shall be paid into the State Treasury, and shall be applied in like manner with the direct ad valorem tax.

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

Approved November 29, 1871.

CHAPTER LIX..

AN ACT MAKING AN APPROPRIATION TO DEFRAY THE PRINTING AND CONTINGENT EXPENSES OF THE TWELFTH LEGISLATURE OF THE STATE OF TEXAS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of twenty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the Treasury, not otherwise appropriated, to defray the printing and contingent expenses of the Twelfth Legislature of the State of Texas, said appropriation to be in proportion of thirteen thousand dollars for the House of Representatives and seven thousand for the Senate.

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

Approved November 29, 1871.

CHAPTER LX.

AN ACT SUPPLEMENTARY TO AND AMENDATORY OF AN ACT ENTITLED AN ACT TO ORGANIZE AND MAINTAIN A SYSTEM OF PUBLIC FREE SCHOOLS IN THE STATE OF TEXAS, APPROVED APRIL 24, 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the second section of the above recited act be so amended as hereafter to read as follows, viz.: Clause 1. The Board of Education shall, upon the passage of this act proceed to apportion anew the territory of this State into convenient educational districts, not to exceed twelve in number; provided, that nothing in this clause dhall be construed as to prohibit said board hereafter from consolitating or otherwise changing or altering the boundaries of said dissricts for educational purposes. Clause 2. And as soon as the educational districts contemplated in the forgoing clause shall be created, it shall be the duty of Superintendent of Public Instruction to retire or relieve from duty each supervisor of education heretofore appointed and commissioned as such; and the said