ward to the county judge of their county a duplicate return showing the number of votes cast for or against the amendment, and on the tenth day thereafter the county judge shall open and count said returns, and forthwith forward to the secretary of state, in a sealed package, a tabulated statement thereof, showing the total number of votes cast in the county for or against the amendment, and on the fortieth day after said election the secretary of state shall, in the presence of the governor and attorney general, open and count said returns; and if it shall appear from the returns that a majority of the votes were cast for said amendment, it shall be the duty of the governor on the following day to issue his proclamation setting forth the fact that said amendment has received a majority of the votes cast at said election and shall proclaim that said amendment has become and is a part of the State constitution, and this amendment shall take effect from and after said proclamation.

Passed March 1, 1881, by vote of two-thirds of all the members elected to each house.

No. 7.-Joint Resolution granting the Hon. G. B. Gerald, judge of the county court of McLennan county, sixty days leave of absence from the State.

SECTION 1. Be it resolved by the Legislature of the State of Texas, That a leave of absence from the State for a period of sixty days during the year A. D. 1881, be and is hereby granted to Hon. G. B. Gerald, judge of the county court of McLennan county, said leave to be taken between June the tenth and September the first, as best suitable to the duties of his office.

SEC. 2. Whereas, important matters call the Hon. G. B. Gerald from our State during the year A. D. 1881, and as the end of this session of the Legislature is near at hand, therefore an emergency exists and an imperative public necessity demands that the constitutional rule requiring a bill to be read on three several days be suspended and that this resolution take effect and be in force from and after its passage.

Approved March 17, A. D. 1881.

Takes effect ninety days after adjournment.

No. 8.-Joint Resolution amending section 24 of article 3 of the constitution of the State of Texas.

SECTION 1. Be it resolved by the Legislature of the State of Texas, That section twenty-four (24) of article 3 of the constitution of the State of Texas be so amended as to hereafter read as follows (viz):

"Section 24. The members of the Legislature shall receive from the public treasury such compensation for their services as may from time to time be provided by law, not exceeding five dollars per day. In addition to the per diem, the members of each house shall be entitled to mileage in going to and returning from the seat of government, which mileage shall not exceed five ($5.00) dollars for every twenty-five miles, the distance to be computed by the nearest and most direct route of travel by land, regardless of railways or water routes; and the comptroller of the State shall prepare and preserve a table of distances to each county seat, now

or hereafter to be established, and by such table the mileage of each member shall be paid; but no member shall be entitled to mileage for any extra session that may be called within one day after the adjournment of a regular or a called session; provided, the regular session of the Legis lature shall not continue longer than one hundred days."

And be it further resolved, That the governor be requested to submit to the vote of the electors of the State the foregoing proposed amendment to the constitution, at an election to be ordered on the first Tuesday in September, A. D. 1881, in accordance with the provisions of article 17 of the State constitution.

Passed March 22, 1881, by vote of two-thirds of all the members elected to each house.

No. 9.-Joint Resolution making an appropriation for the settlement of Thomas Toby claim.

WHEREAS, It has been satisfactorily established that the late Republic of Texas was indebted to Thomas Toby, deceased, late of New Orleans, in a large sum of money for advances made and supplies furnished and services rendered between the 24th day of May, 1836, and April 1, 1838, to aid and sustain her in her struggle for independence, which remains unpaid; and, whereas, there is a balance now of $101,113.27 in the United States treasury belonging to the Texas debt fund applicable to the payment of all revolutionary claims of which this is one; therefore,

SECION 1. Be it resolved by the Legislature of the State of Texas, That the sum of $45,000 be and the same is hereby acknowledged and validated as a just debt against the reserve fund held by the government of the United States for the payment of the debt of the late Republic of Texas; and our representatives in Congress are hereby, respectfully requested by bill or otherwise to move Congress to make an appropriation out of said reserved fund for the full payment of this claim, and that on such appropriation by Congress the heirs of Thomas Toby, deceased, are hereby authorized and empowered to apply for and receive from the proper authorities of the United States, the said sum of $45,000 in full without scale or abatement.

SEC. 2. That Texas will not regard the payment of said claim as a credit on the amount now owing to the State of Texas by the United States, unless the heirs of Thomas Toby shall first, before memorializing Congress or applying to any department of the general government for payment of said claim, file in the office of the treasury of the State of Texas, a full release of all claims against the State of Texas (which may remain unsatisfied by the United States out of money due Texas and reserved by the United States.)

Approved March 30, A. D. 1881.

Takes effect ninety days after adjournment.

No. 10.-Joint Resolution expressing sympathy for the people of Ireland in their struggle against the oppressive system of British landlordism.

SECTION 1. Whereas, the people of Texas have ever been the friends of a people struggling against oppression in any form; and

Whereas, the representatives of the people in the Legislature assem

bled, viewing with deep concern the contest now going on, in which the laboring and poor classes of Ireland seek to free themselves from the oppression of a vicious system of landlordism, deem it proper that expressions should be given to the feelings and sentiment of the people of Texas in behalf of the oppressed.

SEC. 2. Therefore, be it resolved by the Legislature of the State of Texas, That in the present struggle the people of Ireland are entitled to the sympathies of all civilized and liberty-loving nations; that they have the earnest sympathy of the people of Texas, whose liberties were born of revolution, and the Legislature sincerely hopes that the efforts now. being made will speedily result in such reform in the existing land system of Ireland, as shall secure to the people of that country that relief to which in justice and common humanity they are entitled. Passed March 26, 1881.

Takes effect ninety days from adjournment.

No. 11.-Joint resolution instructing our senators and requesting our representatives in Congress to procure the passage of a joint resolution by the Congress of the United States, authorizing the secretary of war to loan to the adjutant general of the State of Texas, on his requisition, such camp and garrison equipage as may be needed by the State troops of Texas at their annual encampment.

SECTION 1. Be it resolved by the Legislature of the State of Texas, That our senators are hereby instructed, and our representatives in Congress are hereby requested, to endeavor to procure the passage by the Congress of the United States of a joint resolution, authorizing the secretary of war to loan to the adjutant general of this State, on his requisition, such camp and garrison equipage as may be needed by the State troops of Texas at their annual encampment.

SEC. 2. That a copy of this joint resolution be forwarded under the signature of the president of the Senate and the speaker of the House, to each of our senators and representatives in Congress.

Passed March 29, 1881.

Takes effect ninety days after adjournment.

No. 12.-Joint resolution granting W. E. Collard, judge of the ninth judicial district of the State of Texas, T. L. Nugent, judge of the thirtieth judicial district of the State of Texas, R. C. Beale, county judge of Navarro county, D. C. Barmore, county judge of Brazos county, and W. S. Moore, county judge of Lamar county, permission to absent themselves from the State at the times hereinafter named.

SECTION 1. Be it resolved by the Legislature of the State of Texas, That the Hon. W. E. Collard, district judge of the ninth judicial district of the State of Texas, and Hon. T. L. Nugent, judge of the thirtieth judicial district of the State of Texas; R. Č. Beale, county judge of Navarro county; D. C. Barmore, county judge of Brazos county, and W. S. Moore, county judge of Lamar county, be and they are hereby excused from the performances of the duties of said offices, and are authorized to

absent themselves from the State of Texas as follows: Hon. W. E. Collard, judge of the ninth judicial district, for the months of July and August, A. D. 1881, and Hon. T. L. Nugent, judge of the thirtieth judicial district, for two months during his vacation in the year A. D. 1882; Hon. R. C. Beale, county judge of Navarro county, for thirty days at any time during the year 1881; Hon. D. C. Barbore, county judge of Brazos county, for the months of June and July, 1881; Hon. W. S. Moore, county judge of Lamar county, during the months of July and August, A. D.

1881.

SEC. 2. The near approach of the close of the session of the Legisla ture creates an imperative public necessity that the rule requiring bills and resolutions to be read on three several days in each house prior to its passage, be suspended as to this resolution; and it is so enacted.

SEC. 3. That the parties herein named shall have the advantages contemplated by this act, this act should take effect at once; therefore an emergency exists that this act should take effect from and after its passage, and it is so enacted.

Approved March 30, A. D. 1881.

Takes effect ninety days after adjournment.

No. 13.-Joint Resolution appropriating five thousand dollars for per diem and contingent expenses of the Seventeenth Legislature.

SECTION 1. Resolved by the Senate and House of Representatives of the State of Texas, That the sum of five thousand dollars or as much thereof as may be needed, he appropriated out of any money in the tre sury not otherwise appropriated, to pay the per diem of the officers and members of the Legislature, and the contingent expenses of the Legislature.

SEC. 2. The near approach of the end of the session creates an emergency and an imperative necessity for a suspension of rules, and that this bill take effect and be in force from and after its passage, and it is

so enacted.

Approved April 1, A. D. 1881

Takes effect from passage.

THE STATE OF TEXAS, Į
DEPARTMENT OF STATE.

I, T. H. BOWMAN, secretary of state of the State of Texas, do hereby certify that I have compared the foregoing laws and joint resolutions, passed by the Seventeenth Legislature, with the originals now on file in this department, and that they are true copies thereof. I further certify that the Seventeenth Legislature of the State of Texas convened at the city of Austin on the eleventh day of January, A. D. 1881, and adjourned on the first day of April, A. D. 1881.

In testimony whereof, I hereto sign my name and affix the seal of the State of Texas, at Austin, on this the twenty-fifth T. H. BOWMAN,

L. S. day of July, A. D. 1879.

Secretary of State.