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of the State, and shall hold office for six years or during good behavior, and until their successor are qualified."

"Article 3687. The governor shall be authorized to call said board together after their appointment, and said board shall, at their first meeting, elect from their number a president of the board, who shall thereafter be authorized to call said board together for the transaction of business whenever he deems it expedient, and a majority of said board shall constitute a quorum for the transaction of business."

"Article 3689. Each of said directors shall receive their actual expenses incurred in attending the meetings of the board, to be paid out of the interest of the university fund, on accounts certified by them respectively to be correct, and approved by the governor."

"Article 3692. The secretary of state shall forward a certificate to each director within ten days after his appointment notifying him of the fact of such appointment, and should any director so appointed and noti fied, fail for ten days to give notice to the governor of his acceptance, his appointment shall be deemed void, and his place filled as in case of vacancy.

"Article 3692a. There shall be maintained and instructed at said college annually, free of charge to them, three students from each senatorial district in this State, one of whom shall be appointed by the senator of such district, and the other two by the representatives thereof. Onehalf of said students so appointed shall be compelled to take an agricul tural, and the other half a mechanical course of study, to be assigned thereto by the president of said college; and in order to pay their expenses the comptroller, on proper vouchers being filed in his office by the directors, is authorized to draw his warrant on the state treasurer, against any appropriation made for that purpose. All laws and parts of laws in conflict with the foregoing amendments are hereby repealed."

SEC. 2. The fact that the session of the Legislature is drawing to a close, and the importance of this measure for the support and maintenance of the Agricultural and Mechanical College of Texas creates an imperative public necessity that the constitutional rule requiring a bill to be read on three several days be suspended, and an emergency that this act take effect and be in force from and after its passage, and it is so enacted.

Approved March 30, A. D. 1881.
Takes effect from passage.

CHAPTER LXXIII.-An act to provide for the protection of the title of the State to the university lands lying in McLennan and Hill counties.

WHEREAS, Certain parties have disputed the title of the State to cer tain of the university lands lying in McLennan and Hill counties, and certain suits are now pending in regard to the said lands in the district court of McLennan county;

And, whereas, there is no provision of law fixing the venue of suits involving the title to the said lands in any court holding sessions near the seat of government; therefore,

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the governor and the attorney general are hereby authorized to em

ploy competent counsel to defend the title of the State to the university lands lying in McLennan and Hill counties, and to bring all suits, and use such other means as may be necessary to maintain the State's title to said lands.

SEC 2. The sum of three thousand five hundred dollars, or so much thereof as may be necessary, is hereby appropriated out of the interest of the university fund to pay attorneys' fees, and other necessary expenses, in carrying out the purposes of this act.

SEC. 3. That owing to the near approach of the close of the session, and there being no law in force regulating this subject, there exists an imperative public necessity and an emergency for the suspension of the rules and the immediate passage of this act; and it is therefore enacted that this act go into effect and be in force from and after its passage. Approved March 30, A. D. 1881.

Takes effect from passage.

CHAPTER LXXIV.-An act to establish the twelfth, seventeenth, twentieth and thirty-third judicial districts, and to prescribe the times of holding courts in said districts, and in the thirtieth district; to provide for the appointment of a district attorney in the twentieth and a district judge in the thirty-third judicial districts, and to provide for holding terms of the district court in certain counties now unorganized.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the counties of Stephens, Shackelford, Mitchell, Nolan, Taylor, Callahan and Eastland be and the same are hereby constituted the twelfth judicial district.

SEC. 2. That the counties of Williamson, Burnet, Lampasas, Comanche, Brown, Coleman and Runnels be and the same are hereby constituted the seventeenth judicial district.

SEC. 3. That the counties of Pecos, Presidio and El Paso be and the same are hereby constituted the twentieth judicial district.

SEC. 4. That the counties of San Saba, Llano, Gillespie, Kimble, Mason, Menard, McCulloch, Concho and Tom Green be and the same are hereby constituted the thirty-third judicial district.

SEC. 5. That the district courts shall be held in the twelfth judicial district as follows: In the county of Stephens on the first Mondays in February and September, and may continue in session two weeks; in the county of Shackelford on the third Mondays in February and September, and may continue in session two weeks; in the county of Mitchell on the fourth Monday after the first Mondays in February and September, and may continue in session two weeks; in the county of Nolan on the sixth Monday after the first Mondays in February and September, and may continue in session two weeks; in the county of Taylor on the eighth Monday after the first Mondays in February and September, and may continue in session three weeks; in the county of Callahan on the eleventh Monday after the first Monday in February and September, and may continue in session two weeks; in the county of Eastland on the thirteenth Monday after the first Mondays in February and September, and may continue in session until the business is disposed of.

SEC. 6. That the district courts shall be held in the seventeenth judicial district as follows: In the county of Williamson on the first Mon

days in January and July, and may continue in session six weeks; in the county of Comanche on the first Mondays in March and September, and may continue in session two weeks; in the county of Brown on the third Mondays in March and September, and may continue in session two weeks; in the county of Coleman on the fourth Monday after the first Mondays in March and September, and may continue in session two weeks; in the county of Runnels on the sixth Monday after the first Mondays in March and September, and may continue in session two weeks; in the county of Burnet on the eighth Monday after the first Mondays in March and September, and may continue in session two weeks; in the county of Lampasas on the tenth Monday after the first Mondays in March and September, and may continue in session until the business is disposed of.

SEC. 7. That the district courts in the twentieth judicial district shall be held as follows: In the county of Pecos on the first Mondays in March and September, and may continue in session two weeks; in the county of Presidio on the third Monday after the first Mondays in March and September, and may continue in session three weeks; in the county of El Paso on the sixth Monday after the first Mondays in March and September, and may continue in session until the business is disposed of; provided, that it shall not conflict with the time herein fixed for holding the district courts in Pecos county.

SEC. 8. That the district courts in the thirtieth judicial district shall be held as follows: In the county of Palo Pinto on the first Mondays in March and September, and may continue in session two weeks; in the county of Hood on the third Mondays in March and September, and may continue in session two weeks; in the county of Somervell on the fourth Monday after the first Mondays in March and September, and may continue in session one week; in the county of Erath on the fifth Monday after the first Mondays in March and September, and may continue in session five weeks; in the county of Hamilton on the tenth Monday after the first Mondays in March and September, and may continue in session three weeks; in the county of Coryell on the thirteenth Monday after the first Mondays in March and September, and may continue in session until the business is disposed of.

SEC. 9. That the district courts in the thirty-third judicial district shall be held as follows: In the county of San Saba on the first Mondays in March and September, and may continue in session two weeks; in the county of McCulloch on the third Mondays in March and September, and may continue in session two weeks; in the county of Concho on the fourth Monday after the first Mondays in March and September, and may continue in session one week; in the county of Tom Green on the fifth Monday after the first Mondays in March and September, and may continue in session two weeks; in the county of Menard on the seventh Monday after the first Monday in March and September, and may continue in session two weeks; in the county of Kimble on the ninth Monday after the first Mondays in March and September, and may continue in session two weeks; in the county of Mason on the eleventh Monday after the first Mondays in March and September, and may continue in session one week; in the county of Gillespie on the twelfth Monday after the first Mondays in March and September, and may continue in session two weeks; in the county of Llano on the fourteenth Monday after the first Mondays in March and September, and may continue in session until the business is disposed of.

SEC. 10. That all process heretofore issued or served, returnable in any of the counties of said judicial districts, shall be considered as returnable at the times herein prescribed, and all such process is hereby legalized and validated.

SEC. 11. That the county of Fisher shall be attached to the county of Nolan, and the counties of Scurry, Howard, Borden, Dawson Martin, Andrews and Gaines to the county of Mitchell, for judicial purposes.

SEC. 12. That immediately upon the organization of any of the unorganized counties herein mentioned, the district judge of the twelfth judicial district shall fix a time for holding two terms of the district court in such county or counties, for each year, and shall thereafter hold said courts at the time as fixed.

SEC. 13. That immediately after the passage of this act the governor shall appoint suitable persons as judge of the thirty-third and district attorney for the twentieth judicial districts.

SEC. 14. That the district judges heretofore elected in and for the twelfth, seventeenth and twentieth judicial districts shall continue in the exercise of their said offices respectively of the twelfth, seventeenth and twentieth judicial districts, as described by the provisions of this act.

SEC. 15. That the district attorneys elect now exercising the functions of their offices in the twelfth and seventeenth judicial districts shall be the district attorneys of the twelfth and seventeenth judicial districts, as prescribed by the provisions of this act; that the district attorney elect of the twentieth judicial district, resident in the county of Tom Green, shall be the district attorney of the thirty-third judicial district, as prescribed by the provisions of this act.

SEC. 16.

That all laws and parts of laws in confiict with this act be and the same are hereby repealed.

SEC. 17. That an imperative public necessity and an emergency exist for holding the district courts in said judicial districts, in accordance with the provisions of this act; therefore this act shall take effect and be in force from and after its passage, and it is so enacted.

SEC. 18. That the large amount of business now pending before this Legislature, and the short time allotted to the session, and the short time from now until the time for the beginning of the courts, in accordance with the provisions of this act, create an imperative necessity, which authorizes the rule to be suspended which requires the bill to be read on three several days, and it is therefore suspended. Approved March 30, A. D. 1881.

Takes effect from passage.

CHAPTER LXXV.-An act to establish the University of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That there be established in this State, at such locality as may be determined by a vote of the people, an institution of learning, which shall be called and known as the University of Texas. The medical department of the university shall be located, if so determined by a vote of the people at a different point from the university proper, and as a branch thereof; and the question of the location of said department shall be submitted to the people and voted on separately from the propositions for the location of the main university. The nominations and elections for the loca

tion of the medical department shall be subject to the other provisions of this act, with respect to the time and manner of determining the location of the university.

SEC. 2. An election shall be held on the first Tuesday of September, 1881, for the purpose of locating the University of Texas, and the gov ernor is hereby authorized and instructed to issue his proclamation ordering an election on said day for said purpose, and returns of said election shall be made in the manner prescribed in the general election law.

SEC. 3. All localities put in nomination for the location of the university shall be forwarded to the governor at least forty days anterior to the holding of said election, and the governor shall embrace in his proclamation ordering said election, the names of said localities; provided, that any citizen may vote for any locality not named in said proclamation.

SEC. 4. The locality receiving the largest number of votes shall be declared elected, and the university shall be established at such locality; provided, that the vote cast for said locality shall amount to one-third of the votes cast; but if no place shall receive one-third of the entire vote cast, another election shall be ordered within ninety days of the first election, between the two places receiving the highest number of votes, and the one receiving the highest number at said second election shall be declared to be selected by the people as the location of the University of Texas.

SEC. 5. The government of the university shall be vested in a board of regents, to consist of eight members selected from different portions of the state, who shall be nominated by the governor, and appointed by and with the advice and consent of the Senate.

SEC. 6. The board of regents shall be divided into classes, numbered one, two, three and four, as determined by the board at their first meeting; shall hold their office two, four, six and eight years respectively, from the time of their appointment. From and after the first of January, 1883, two members shall be appointed at each session of the Legislature to supply the vacancies made by the provisions of this section, and in the manner provided for in the preceding section, who shall hold their offices for eight years respectively.

SEC. 7. The regents appointed pursuant to the fifth section of this act, and their successors in office, shall have the right of making and using a common seal and altering the same at pleasure.

SEC. 8. The regents shall organize by the election of a president of the board of regents, from their own number, who shall hold his office during the pleasure of the board. They shall establish the departments of a first-class university, determine the officers and professorships, appoint the professors (who shall constitute the faculty, with authority to elect their own chairman) and other officers, fix their respective salaries, and to enact such by-laws, rules and regulations as may be necessary for the successful management and government of the university; provided, that the salaries and expenses of the university shall never exceed the interest on the university fund and land sales fund, or ever become a charge on the general revenue of the State.

SEC. 9. The immediate government of the several departments shall be intrusted to their respective faculties, subject to joint supervision of the whole faculty, but the regents shall have power to regulate the courses of instruction, and prescribe, by and with the advice of the professors, the books and authorities used in the several departments, and

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