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to be entitled to a credit, but which, on the part of the state, is denied; therefore that justice be done in the premises,
Section 1. Be it enacted by the Legislature of the State of Texas, That said Cunningham & Ellis be, and they are hereby authorized to sue the State of Texas, in the district court of Travis county, on said claim, and upon a recovery of judgment by them, the comptroller of public accounts shall allow them the amount of their recovery by way of credit on any settlement thereafter made with said lessees.
Sec. 2. The session of this Legislature being now near its close makes it an imperative public necessity that the rule requiring this bill to be read on three several days be suspended and that this act take effect from and after its passage, and it is so enacted.
Approved April 22, A. D. 1879.
CHAPTER XXIV.-An act to authorize the construction of a ship chan
nel from Corpus Christi across Mustang Island, and to donate land for the same.
i Whereas, The citizens of Nueces county, on February 5, 1879, in convention assembled, for the purpose of making arrangements for increasing the harbor facilities of Corpus Christi, by removing the Bulkhead and opening a free channel to the Gulf by way of Corpus Christi pass, selected as a special committee M. Kenedy, George F. Evans, J. B. Mitchell, C. C. Heath and Wm. Headen, with full power to proceed with the work at their discretion in the best and most practicable way, and to expedite and promote the completion of said public work; therefore,
Section 1. Be it enacted by the Legislature of the State of Texas, That 50 soon as the aforesaid M. Kenedy, Geo. F. Evans, J. B. Mitchell, C. C. Heath, Wm. Headen and their associates, have completed a channel across the Bulkhead at Corpus Christi pass, to the depth of eight feet, and one hundred feet wide, so that there shall be a continuous depth of eight feet at average tide, from the wharf at Corpus Christi to the bar at Corpus Christi pass, they shall notify the governor of such fact, when he shall appoint some competent person to examine and measure such channel; and if the same shall be found to have been constructed in conformity with this act, then shall the commissioner of the general land office, upon presentation of the certificate of the governor, issue to M. Kenedy, Geo. F. Evans, J. B. Mitchell, C. C. Heath, Wm. Headen and their associates, three hundred and twenty land certificates, of sections of six hundred and forty acres each, which said certificates shall be located and surveyed in alternate sections on any of the unappropriated public domain not previously titled or surveyed, and the state shall not be responsible for any want of domain to locate said certificates upon, the field notes and maps returned to the general land office, and the odd sections patented to said M. Kenedy, Geo. F. Evans, J. B. Mitchell, C. C. Heath, Wm. Headen and their associates, and the even sections reserved to the state for the school fund; provided, said M. Kenedy, J. B. Mitchell, Geo. F. Evans, Wm. Headen, C. C. Heath and associates, shall keep open and maintain said channel free of all toll ortax upon com
merce for ten (10) years, and the work of opening said channel shall be completed within five years from the passage of this act.
Sec. 2. That inasmuch as the closing of the bar at Aransas pass has interrupted and almost paralyzed the transportation of merchandise to Corpus Christi, from which point a large extent of country is supplied, and that an immense quantity of wool and other articles cannot for that reason be forwarded to a market, a public necessity and emergency exist justifying the suspension of the rule and the immediate passage of this act, and that the same take effect from and after its passage, and it is so enacted.
Approved April 22, A. D. 1879.
CHAPTER XXV.-An act to authorize the survivors of Terry's Texas
Rangers to erect a monument to the dead of that command in the burying grounds belonging to the state at Austin.
Section 1. Be it enacted by the Legislature of the State of Texas, That the survivors of Terry's Texas Rangers be permitted to erect á monument within the limits of the burying grounds belonging to the state at Austin, at such spot as may be designated by the governor.
Sec. 2. That the late hour of the session at which this act is proposed creates an imperative public necessity that the rule should be suspended which requires a bill to be read on three several days, and it is so suspended.
Approved April 23, A. D. 1879.
THE STATE OF TEXAS,
DEPARTMENT OF STATE. I, John D. Templeton, secretary of state of the State of Texas, do hereby certify that the laws contained in this volume are true and correct copies of the enrolled bills now on file in this department. I further certify that the regular session of the Sixteenth Legislature convened at the city of Austin, on the fourteenth day of January, A. D. 1879, and adjourned on the twenty-fourth day of April, A. D. 1879.
In testimony whereof, I hereto sign my name and affix the [L. S.] seal of the State of Texas, at Austin, on this the seventeenth day of June, A. D. 1879.
JOHN D. TEMPLETON,
Secretary of State.
INDEX TO SPECIAL LAWS.
12 8 9 5
2 1 2
Aransas Road Company--act for relief of..
tain place in, repealed..
Mrs. Florence Whitis authorized to change Laurel street in. Austin Canal, Irrigation and Manufacturing Company--authorized to con
struct a dam across the Colorado river, near Austin. Bayland Orphans' Homelands granted to, to be patented. Brady Citr-sale of town lots in, validated.. Breckinridge-sale of lands in, legalized.. Colorado River-dam across, near Austin, legalized. Corpus Christi-ship channel from across Mustang Island authorized. Corpus Christi, San Diego and Rio Grande Narrow Gauge R. R. Co.-further
time granted to... Cunningham & Ellis-authorized to sue the State. Dam-Austin Canal, Irrigation and Manufacturing Company authorized to
construct across Colorado river. Dinsmore, Silas-act for relief of heirs of. Doyle, Jackson-act for relief of. Dockery, Matthew—act for relief of. Fenner, Joseph-act for relief of. Fishbaugh, William-commissioner of land office authorized to approve
bounty land certificate... Floresville-sale of lots and blocks in, valid and binding on Wilson county.. Galveston County-authorized to sell her stock in Gulf, Colorado and Santa
Galveston county authorized to sell her stock in.
porating amended.... Grand Lodge of Masons incorporated. Vietoria, act incorporating amended.. San Antonio, act incorporating amended. Houston, act incorporating amended.. Corpus Christi, San Diego and Rio Grande Narrow Gauge railroad com
pany, further time granted to... Lands--granted to Bayland Orphans' Home to be patented. Masons_Grand Lodge of, incorporated...: McCulloch County-sale of lots in town of Brady, validated. Penitentiary-lessees of, authorized to sue the state.. Railroads-act incorporating Gulf Colorado and Santa Fe railroad company
amended Corpus Christi, San Diego and Rio Grande Narrow Gauge railroad com
pany, further time granted to.. Relief-granted to Mrs. M. A. C. Wilson.
granted to heirs of Alexander S. Green.
granted to Matthew Dockery. San Antonia charter amended.
1 3 4 10 13
9 5 3 24 24
5 6 8 8 9 9 5 10
Stephens County—act legalizing sale of land belonging to, in and near Breck
inridge Travis County—act authorizing forced sales in, to be made at certain place
repealed Terry Rangers—authorized to erect a monument to their dead in state
cemetery, at Austin.. Victoria charter amended. Waxahachie Town-authorized to transfer its stock in Waxahachie Tap rail
city of Austin..