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CHAPTER LII.-An act to provide for the sale of a portion of the unappropriated public lands of the State of Texas, and the investment of the proceeds of such sale.

Section 1. Be it enacted by the Legislature of the State of Texas, That all the vacant and unappropriated land situated in the following named counties, viz: Noland, Mitchell, Howard, Martin, Andrews, Gaines, Davidson [Dawson?], Borden, Scurry, Fisher, Stonewall, Kent, Garza, Lynn, Terry, Yoakum, Cockran, Hockley, Lubbock, Crosby, Dickens, King, Cottle, Motley, Floyd, Hale, Lamb, Bailey, Parmer, Castro, Swisher, Briscoe, Hall, Childress, Collingsworth, Donley, Armstrong, Randall, Deaf Smith, Oldham, Potter, Cordova, Gray, Wheeler, Hemphill, Roberts, Hutchins, Moore, Hartley, Davidson [Dawson?], Sherman, Hansford, Ochiltree and Lipscomb be and the same is hereby appropriated and set. apart for sale, together with all the unappropriated lands situated and being within and included in the Pacific reservation, and together with such separate tracts of unappropriated public lands, situated in organized counties of this state, as contain not more than six hundred and forty acres; provided, that the three million and fifty thousand acres, heretofore appropriated for the building of a state capitol, shall have a preference right of location in the counties heretofore reserved for that purpose. The provisions of this act shall not be so construed as to prohibit the right of pre-empting within the bounds of the reservation here made; but any party shall have the same right of acquiring a homestead, within this reservation, under the pre-emption laws of this state, as he may have had prior to the passage of this act.

Sec. 2. That any person, firm or corporation, desiring to purchase any of the unappropriated lands herein set apart and reserved for sale, may do so by causing the tract or tracts which such person, firm or corporation desire to purchase to be surveyed by the authorized public surveyor of the county or district in which said land is situated.

Sec. 3. It shall be the duty of the surveyor, to whom application is made by responsible parties, to survey the lands designated in said application within three months from the date thereof, and within sixty days after said survey, to certify to, record and map the field-notes of said survey; and he shall also, within the said sixty days, return to and file the same in the general land office, as required by law in other cases.

Sec. 4. Surveyors shall be entitled to receive from applicants for the purchase of lands under the authority of this act all legal surveyor's fees for work done by them.

Sec. 5. Within sixty days after the return to and filing in the general land office of the surveyor's certificate, map and field notes of the land desired to be purchased, it shall be the right of the person, firm or corporation who has had the same surveyed to pay or cause to be paid into the treasury of the state the purchase money therefor at the rate of fifty cents per acre, and upon the presentation to the commissioner of the general land office of the receipt of the state treasurer for such purchase money, said commissioner shall issue to said person, firm or corporation a patent for the tract or tracts of land so surveyed and paid for.

Sec. 6. No tract of land shall be sold under the provisions of this act that contains more than six hundred and forty acres, and no tract shall have a greater frontage on any running stream, or permanent water, than one vara per acre for each survey of three hundred and twenty acres, or less, and three-fourth of one vara per acre for all other surveys.

Sec. 7. It shall be the duty of the commissioner of the general land office to give such general and specific instructions to surveyors in relation to the surveying of the public lands, under the provisions of this act, as may best subserve the interests of the state, and carry into force and effect the intent and purposes of this act.

Sec. 8. After the survey of any of the public domain authorized by this act, it shall not be lawful for any person to file or locate upon the land so surveyed, and such file or location shall be utterly null and void.

Sec. 9. Should any applicant for the purchase of public land fail, refuse or neglect to pay for the same, at the rate of fifty cents per acre within the time prescribed in section 5 of this act, he shall forfeit all right thereto, and shall not thereafter be allowed to purchase the same, but the land so surveyed may be sold by the commissioner of the general land office to any other person, firm or corporation, who shall pay into the treasury the purchase money therefor.

Sec. 10. One-half of the net proceeds of sales under the provisions of this act, shall be and are hereby set apart for the benefit of the public free schools of this state, and the comptroller of public accounts shall, under and by direction of the governor, invest the same in interest-bearing bonds of the State of Texas, or if said bonds are not to be obtained, then in interest-bearing bonds of the United States, the interest therefrom to be paid into the treasury as part of the available school fund. The balance of the net proceeds of sales under the provisions of this act shall be applied by the proper authorities to the payment and extinguishment of the bonded debt of the State of Texas as the same becomes due and payable. No surveys shall be made in any of the counties set aside for the state capitol, and in which said lands may be selected, until after the surveys of the three million and fifty thousand acres set aside for the construction of a new state capitol have been surveyed.

Sec. 11. Whereas, the close of the present session of the Legislature is near at band, an imperative public necessity exists that the constitutional rule requiring this bill to be read on three several days be suspended, and it is therefore so enacted; and whereas, the unappropriated lands of the state are being rapidly taken up, a public emergency exists that this act take effect from and after its passage, it is therefore so enacted.

Approved July 14, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER LIII.-An act to amend article 3785, chapter three, title seventy-eight of the Revised Civil Statutes, passed at the regular session of the Sixteenth Legislature.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 3785 of the Revised Civil Statutes of the State of Texas, as mentioned in the caption of this act, be so amended as to hereafter read as follows:

"Article 3785. If at an election held for that purpose, at which none but property taxpayers, as shown by the last assessment rolls, who are qualified voters of such city or town, shall vote, two-thirds of those voting shall vote in favor thereof, such an amount shall be raised by taxation not to exceed one-half of one per cent. in addition to the pro rata of the available school fund received from the state, as may be necessary to conduct the schools for ten months in the year."

6-VOL. IX.

(81)

Sec. 2. Whereas, the present session of the Legislature is near its close, and as some cities desire to immediately hold an election as contemplated in this act, an emergency and imperative public necessity exists that the constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

NOTE. The foregoing act was presented to the governor of Texas for his approval on the ninth day of July, 1879, and was neither approved by him nor returned to the House in which it originated with his objections thereto, within the time prescribed by the constitution, and thereupon became a law without his signature, July 17, 1879.

(Signed) JOHN D. TEMPLETON, Secretary of State. Takes effect ninety days after adjournment.

SPECIAL LAW.

CHAPTER I.—An act to amend the charter of the city of Dallas.

Section 1. Be it enacted by the Legislature of the State of Texas, That section three of the charter of the city of Dallas be amended so as to read as follows:

"Section 3. The municipal government of the city of Dallas shall consist of a city council composed of the mayor and of two aldermen from each ward. A majority of the aldermen elect shall constitute a quorum for the transaction of business, except at called meetings, or meetings for the imposition of taxes, when two-thirds of a full board shall be required. The other officers of the corporation shall be a secretary, a treasurer, an assessor and collector, a city attorney, a city engineer and city marshal, and such other officers and agents as the city council may from time to time direct. The aldermen, mayor, city marshal, and the assessor and collector shall be elected by the qualified electors of the city of Dallas, as now provided for by the city charter. A city secretary, city attorney, treasurer and city engineer shall be elected by the city council at its first regular meeting in May, 1880, and every two vears thereafter."

Sec. 2. That section fifty-eight of same charter be amended by the addition of the following words: "Whenever the city council, as provided by charter, shall fix the compensation to be paid any officer, whether elected by the people or the council, they shall make the same a salary payable monthly out of the city treasury, and no officer shall be allowed any fees or perquisites of office, but all costs and penalties shall go into the general fund. No officer's salary shall be fixed at a sum to exceed one hundred dollars per month, except the salary of assessor and collector, which shall not exceed three thousand dollars per annum.” That section ninety-nine (99) of the charter of said city shall be amended so as to read as follows:

Sec. 3.

"Section 99. All persons or corporations owning or holding personal property or real estate on the first day of any calendar year, shall be

liable for all municipal taxes levied thereon for the fiscal year beginning the April next following said January."

Sec. 4. That section one hundred (100) of the charter of said city be amended by the addition at its close of the following words:

"Whenever any person or corporation fails to render his or its property for taxation, or whenever any property is not rendered by the owner, his agent or attorney, the assessor and collector shall assess the same at its cash value, and if the owner is not known then it shall be assessed to unknown owners."

Sec. 5. That section 119 of said charter be amended so as to read as follows:

"Section 119. The taxes on all personal property and all poll taxes shall be due and payable on demand, as soon as the levy of taxes is made by the city council, and it shall be and is hereby made the duty of the assessor and collector, by virtue of his rolls, to seize upon and sell personal property sufficient to pay such taxes if the same is not paid on demand.

"When the assessor and collector distrains and seizes upon such property, he shall keep the same at the expense of the owner until sale is made, and shall give notice of the time and place of sale of the same by posting a written notice at the court house door in the city of Dallas and one other public place; the notice to be given at least ten days before the day of sale. He shall sell the same to the highest bidder for cash for all taxes, interest and costs, and expenses in caring for said property, and shall make an entry in the book of sales of the amount realized."

Sec. 6. That sections one hundred and thirty-five and one hundred and thirty-six of said charter be amended so as to read as follows:

"Whenever any real property is bid off to the city for delinquent taxes, or to any individual, the owner, his agent or attorney, may redeem the same at any time within two years from date of sale by paying the following amounts: All taxes paid or due, ten per cent. interest per annum on said amount of taxes from the time they became delinquent, and two and one-half dollars ($2 50) as costs on each piece of property sold, and, as a further penalty, a sum equal to twenty-five per cent. of the amount of the delinquent tax if redeemed in three months; fifty per cent. penalty if redeemed in six months; seventy-five per cent. penalty if redeemed in one year; and one hundred per cent. penalty if redeemed thereafter with, in two years; the said penalty to go to the purchaser at tax sale, whether said purchaser be the city or an individual. The assessor and collector shall in no case be entitled to any fees or costs because of delinquent taxes, but all charges and penalties shall go into the city treasury. Whenever any property is bid in at the tax sale by the city or an individual an entry shall be made in the book of sales; provided further, that all property heretofore sold for delinquent taxes and purchased by the city, may be redeemed by the owner, his agent or attorney, on or before the expiration of two years from the time of sale of said property, and not thereafter, but in no case shall any forfeiture of said property be had before January 1, 1880."

Sec. 7. That section one hundred and sixty-five of the said charter of said city be amended by the addition of the following clause: "The city council may at any time advance money out of the general fund to procure right of way for opening a street, said money to be returned to the general fund out of the special tax fund whenever collected."

Sec. 8. The near approach of the end of the present session creates an

imperative public necessity that the rule requiring bills to be read on three several days to be suspended, and the same is hereby suspended; and the fact that the time is near at hand for the collection of the city taxes of said city, and the further fact that the present bill reduces greatly the expenses incidental to the collection thereof, and changes the pay of certain officers of said city, creates an emergency that this act go into effect immediately; therefore, this act shall take effect and be in force from and after its passage, and it is so enacted. Approved July 9, A. D. 1879.

Takes effect from and after its passage.

JOINT RESOLUTION.

No. 1.-Joint Resolution authorizing the state librarian to turn over to the Agricultural and Mechanical College of Texas specimens of mineral and other geological specimens in the geological department in said library in certain cases, and copies of all public documents of the state, published for distribution, and all apparatus belonging to the old geological survey.

Section 1. Be it resolved by the Legislature of the State of Texas, That the state librarian be and he is hereby authorized and required to turn over to the Agricultural and Mechanical College of Texas the duplicate specimens in the hands of the agent of the International railroad company of all minerals and other geological specimens in the geological department in said library, and copies of all public documents of the state published for distribution, and apparatus belonging to the old geological survey, for the use and benefit ofsaid college.

Sec. 2. That said librarian be required to take an inventory of all specimens thus turned over to said college by him, and file the same in his office.

Sec. 3. The near approach of the close of this session of the Legislature, and the pressing need of geological specimens at said college for the better instruction of its pupils, create an imperative public necessity for the suspension of the constitutional rule requiring this resolution to be read on three several days; therefore, be it further resolved, that the constitutional rule be suspended and this resolution take effect and be in force from and after its passage.

Approved July 9, A. D. 1879.

Takes effect ninety days after adjournment.

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 special session of the Sixteenth Legislature, convened at the city of Austin on the tenth day of June, A. D. 1879, and adjourned on the ninth day of July, A. D. 1879.

In testimony whereof, I hereto sign my name and affix the seal of the State of Texas, at Austin, on this the twenty-fifth [L. S.] day of July, A. D. 1879. JOHN D. TEMPLETON, Secretary of State.

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