DEPARTMENT OF INSURANCE, ETC.-CONTINUED. For new fence and gates to State cemetery, for put- EDUCATIONAL DEPARTMENT. For salary of secretary of board of education, to be Provided, that in the qualifications of students for admission into said schools a knowledge of the Latin grammar and Algebra shall not be required. For the purpose of maintaining, supporting, and instructing, free of charge, at the Agricultural and Mechanical College of Texas, one student for each representative in each representative district in the State, one-half of whom shall take an agricultural and the other half a mechanical course, out of the university fund.... 7,500 7,500 For the support of the public free schools for the year ending August 31, 1882 and 1883, one-fourth of all the general revenue that may be collected, exclusive of the cost of collection; all the annual poll tax levied for school purposes, exclusive of the cost of collection; and all the interest on the permanent school fund, including bonds and other interestbearing indebtedness now or hereafter belonging to said permanent school fund, less the amount of the foregoing four appropriations out of the available school fund. MISCELLANEOUS. For payment of interest on public debt. sinking fund..... compensation of superintendents and the building commissioners, and for contingent expenses in disposing of capitol reservation lands, and for removing obstructions and building the new capitol, the amount of each expenditure to be determined by the governor, and paid on his order, to be reimbursed to general revenue out of sales of capitol lands, each amount to be irrespective of former enactments. $300,000 $300,000 100,000 100,000 10,000 10,000 YEARS ENDING MISCELLANEOUS-CONTINUED. For the purchase and retirement of outstanding bonds of the State, and not to be used until all amounts, other than this named in this and other appropriation bills, have been set aside Feb. 28, 1882. Feb. 28, 1883. from the general fund in the state treasury.. 1,000,000 1,000,000 This amount to be drawn from the state treasury by the treasurer, with the advice and consent of the governor and comptroller, in such sums as may be necessary from time to time to carry into effect the purposes of an act passed at the present session of the Legislature for the purchase and retirement of outstanding State bonds. For water supply for capitol grounds, executive mansion and land office for fire and other purposes furnishing weights and measures for the differ ent counties of this State..... 900 5,000 900 SEC. 2. That the near approach of the close of this session, and the fact that the State government is without any appropriation for its support, creates an imperative public necessity that the constitutional rule requiring this bill to be read on three several days be suspended, and it is so enacted. Approved April 1, A. D. 1881. an CHAPTER LXXX.-An act supplementary to and amendatory of " act making appropriations for deficiencies beginnig March 1, 1879, and ending February 28, 1881, and for previous years," passed March 24, 1881. SECTION 1. Be it enacted by the Legislature of the State of Texas, That an act entitled "An act making appropriations for deficiencies, beginning March 1, 1879, and ending February 28, 1881," and passed March 24, 1881, be so amended as hereafter to read as follows: "That the following sums, or so much thereof as may be necessary, be and the same are hereby appropriated out of any money in the treasury not otherwise appropriated, for deficiencies incurred in the support of the State government, for the period of time beginning March 1, 1879, and ending February 28, 1881, and for previous years: JUDICIARY. To pay costs due sheriffs, clerks and attorneys for the year ending February 29, 1880.... $28,145 67 To pay costs due sheriffs, clerks and attorneys for the year ending February 28, 1881 10,000 00 To To pay salaries of special judges for both years. To pay for stationery for appellate court.. To pay extradition expenses for 1878.. To pay rewards, etc., for year ending February 28, 1879, and previous years 607 87 2,730 00 28 75 244 50 4,000 00 QUARANTINE. To pay salaries and expenses of quarantine officers, for year ending February 29, 1880.... $6,735 21 To pay for building quarantine stations.. 2,845 05 To pay salaries and expenses of quarantine for the year ending February 28, 1881... 2,584 30 INSTITUTION FOR THE DEAF AND DUMB. 3,527 00 INSTITUTION FOR THE BLIND. 1,200 00 To pay for groceries, provisions, etc., for both years.... To pay for groceries, provisions, etc., for both years... PENITENTIARIES. To pay for conveying prisoners to penitentiary for both years 13,938 40 AGRICULTURAL AND MECHANICAL COLLEGE. To pay H. C. Edrington for moneys advanced to the Agricultural and Mechanical College... MISCELLANEOUS. To pay J. G. Hamilton for carrying a prisoner charged with felony, adjudged insane, to lunatic asylum, from Delta county, in 1874.. 4,987 44 162 50 To pay school superintendents and directors for the year beginning September 1, 1875, and ending August 31, 1876... 45,000 00 Το pay teachers and inspectors of public free schools, for services rendered prior to July 1, 1873, said claim to be audited by the comptroller in accordance with the laws under which said services were rendered, and acts on the subject, approved respectively on April 27, 1874, and July 6, 1876, the said comptroller to determine in all cases from information he may regard reliable, if said claims are honest and proper ones, not withstanding they may be proved up or established as provided for in said acts, and this appropriation to include the $30,000 appropriated for this purpose by the Sixteenth Legislature, $75,000; and the comptroller shall have power to reject all such claims as he may find fraudulent, and said rejection shall forever bar the same. Should this amount be found insufficient to pay the claims audited by the comptroller, he shall pro rate the same among such audited claims; provided, that no claims not heretofore established or proved up under the laws under which the services were rendered, or under one of said acts, shall be audited hereunder; and no claim shall be audited, unless the same is filed in the comptroller's office within ninety days from the passage of this act. All claims not so filed within ninety days shall be forever barred. To pay Tobin Bros.' bill of J. W. Van Dyke, for material and labor on public building in 1877.. Το pay Levi Perryman for conveying three prisoners while sheriff of Montague county, viz: Robert Simmons, George Taylor and G. W. Hargraves, convicted of felony, from Montague county, Texas, to the State penitentiary at Huntsville, in Jnly, 1879.. To pay Brush & White, and William Raatz, for material furnished to build green house on capitol grounds 139 50 369 00 $247 27 Το pay debts of second class of the late Republic of Texas.. SEC. 2. Whereas, the near approach of the close of the session of the 3,000 00 Legislature creates an imperative necessity that the constitutional rule requiring bills to be read on three several days in both houses of the Legislature, on three several days prior to its passage, be suspended, and the fact that the general deficiency bill, of which this is amendatory of, and supplementary to, has passed this session of the Legislature, but without the requisite two-thirds majority, so as to give it immediate effect, and the fact that there is ample money in the State treasury to pay off and discharge said deficiencies, and there being no reason why the State creditors should be further postponed for ninety days, creates an emergency that requires that this act take effect and be in force from and after its passage, and it is therefore enacted that the constitutional rule requiring this act to be read on three several days be suspended, and that this act take effect and be in force from and after its passage. Approved April 1, A. D. 1881. Takes effect from passage. 'CHAPTER LXXXI.-An act to amend section five of an act entitled "an act to establish the University of Texas," passed at the present session of the Legislature. SECTION 1. Be it enacted by the Legislature of the State of Texas, That section 5 of an act entitled "An act to establish the University of Texas," passed at the present session of the Legislature, be so amended as hereafter to read as follows: "Section 5. The governmet 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 with the consent of the Senate; and should a vacancy occur by reason of the death, resignation or removal of any of the regents, or from any other cause, at a time when the Legislature is not in session, the governor shall have power to fill such vacancy until the meeting of the next succeeding Legislature." SEC. 2. The near approach of the end of the present session of the Legislature creates an emergency that the constitutional rule requiring bills to be read on three several days be suspended; and for the reason that the act establishing the University of Texas will not go into effect until after the adjournment of this session of the Legislature, thereby preventing the confirmation by the present Senate of a board of regents, there exists an imperative public necessity that this act take effect from and after its passage, and it is so enacted. Approved April 1, A. D. 1881. Takes effect from passage. CHAPTER LXXXII.-An act to regulate the appointment and define the duties of notaries public, to require them to procure and use legal seals, and to punish them for failing to do so. SECTION 1. Be it enacted by the Legislature of the State of Texas, That there shall be appointed by the governor, by and with the advice and consent of two-thirds of the Senate, a convenient number of notaries public for each county in this State, not less than five nor more than twenty, who shall hold their offices for the term of two years; provided, the term of office of all notaries now holding shall expire on the first day of June, 1881, and that notaries public appointed during the present and all regular biennial sessions of the Legislature, shall hold their offices for two years from the first day of June of the year in which said appointment was made. SEC. 2. Every person who may be appointed a notary public, before he enters on the duties of his office, shall execute a bond with two or more good and sufficient sureties, to be approved by the clerk of the county court of his county, payable to the governor and his successors in office, in the sum of one thousand dollars, conditioned for the faithful performance of the duties of his office; and shall also take and subscribe the oath of office prescribed by the constitution, which shall be endorsed on said bond, with the certificate of the officer administering the same; said bond shall be recorded in the office of the clerk of the county court, and deposited in said office, and shall not be void on the first recovery, and may be sued on in the name of any party injured from time to time until the whole amount thereof has been recovered. SEC. 3. Every notary public, who shall be guilty of any wilful neglect of duty or malfeasance in office, may be removed from office in the manner provided by law. SEC. 4. Whenever any notary public shall remove permanently from the county for which he was appointed, or an ex-officio notary public from his precinct, his office shall thereupon be deemed vacant. SEC. 5. Every notary public shall provide a seal of office, whereon shall be engraved in the centre a star of five points, and the words "Notary public, county of Texas," around the margin (the blank to be filled with the name of the county for which the officer is appointed), and he shall authenticate all his official acts therewith; and any notary public or other officer required by law to keep and use a seal, who shall, after the first of June, 1881, use in attesting any instrument, any seal, not such as is required by law to keep and use for that purpose, or shall fail or refuse to deliver to the county clerk of his county his seal, record books and all public papers pertaining to his office, or any of them, in case of his resignation or removal from the county, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be fined in any sum not less than one hundred dollars; provided, that such notary public shall have the right to sell his seal to any qualified notary public of his county. SEC. 6. Whenever the office of notary public shall be vacated by resignation, removal or death, it shall be the duty of the county clerk of the county where said notary resides to obtain and deposit in his office the seal, record books, and all public papers belonging in the office of said notary; provided, that the seal of any notary vacating his office may be sold by the owner thereof to any qualified notary public in the county. SEC. 7. Notaries public may take acknowledgments or proof of all instruments of writing in the manner provided by law, to entitle them to registration, and give certificates of all such acknowledgments and proofs under their hand and official seals; they may take the examination and acknowledgments of married women to all deeds and instruments of writing, conveying or charging their separate property, or their interest in the homestead, in the manner provided by law. |