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CHAPTER XII.-An act to declare valid and binding on the county. of Wilson certain sales of lots and blocks of the town of Floresville, in said county.

Section 1. Be it enacted by the Legislature of the State of Texas, That all sales of lots and blocks belonging to the county of Wilson, situated in and a part of the town of Floresville in said county, made at private sale by any commissioner or agent heretofore appointed by the proper authorities of said county, for which said lots or blocks the said county has received payment, be and are hereby made and declared valid and binding on said county.

Approved March 26, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XIII.-An act authorizing the commissioner of the general land office to approve the bounty land certificate issued to the heirs of William Fishbaugh, deceased, who fell at the Alamo.

Section 1. Be it enacted by the Legislature of the State of Texas, That the commissioner of the general land office be and he is hereby authorized to approve the bounty land certificate for nineteen hundred and twenty acres, issued to the heirs of William Fishbaugh, deceased, who fell at the Alamo.

Approved April 3, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XIV.-An act for the relief of the heirs of Captain Silas Dinsmore, deceased.

Whereas, Silas Dinsmore, late a citizen of Matagorda county, was appointed and commissioned as captain in the navy of the Republic of Texas on the thirtieth day of March, 1836, by David G. Burnet, president of said republic; and,

Whereas, the said Dinsmore was not employed or engaged in the navy service of the said republic, because there were no ships belonging to said republic; and,

Whereas, the said Silas Dinsmore took an active and zealous part in the struggle for Texas independence, and served continuously as a soldier in the land service of Texas during the whole of the war, in 1835 and 1836, and that by his exposure as a soldier under orders, in defense of Galveston island, in 1836, he contracted a disease of his lungs which resulted in his death; and,

Whereas, the said Silas Dinsmore was rightfully entitled to a bounty warrant for twelve hundred and eighty acres of land for the above mentioned services by virtue of the act of the congress of the republic, approved December 4, 1837; and,

Whereas, no such certificate or warrant has ever been granted to him or his heirs; therefore,

Section 1. Be it enacted by the Legislature of the State of Texas, That the commissioner of the general land office is hereby authorized and required to issue to the heirs of Silas Dinsmore, deceased, a bounty land

certificate for twelve hundred and eighty acres of land for his services as a soldier in the years 1835 and 1836, to be located upon any of the unappropriated public domain of the State of Texas, subject to all the laws now in force in reference to the location of such certificates. Approved April 7, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XV.—An act to grant to Jackson Doyle a headright of six hundred and forty acres of land.

Section 1. Be it enacted by the Legislature of the State of Texas, That Jackson Doyle be and is hereby granted a certificate for six hundred and forty acres of land, as an emigrant to Texas before the first day of January, A. D. 1840.

Sec. 2. That the commissioner of the general land office be and is hereby required to issue to Jackson Doyle a certificate for six hundred. and forty acres of land, which may be located upon any unappropriated domain of the state.

Sec. 3. The fact that the session is drawing to a close and accumulation of business creates an imperative public necessity that the rule should be suspended requiring this bill to be read on three several days, and it is so ordered.

Approved April 14, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XVI.—An act granting further time to the Corpus Christi, San Diego and Rio Grande Narrow Gauge railroad company.

Whereas, The port of Corpus Christi was closed during the summer of 1878, by quarantine and the subsequent shoaling of water on Aransas bar has made navigation impossible since that time; and

Whereas, the Corpus Christi, San Diego and Rio Grande Narrow Gauge railroad company have thereby been delayed in the receipt of material for the completion of the last ten miles of the fifty of their road required by law to be constructed by March 13, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That the time in which said company is now required by law to construct their railroad, or any section thereof, is hereby extended and enlarged for an additional two years.

Sec. 2. That as a matter of vital general interest an imperative public necessity exists for the passage of this act, it shall therefore take effect and be in force from and after its passage.

Approved April 14, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XVII.-An act for the relief of Joseph Fenner.

Section 1. Be it enacted by the Legislature of the State of Texas, That the commissioner of the general land office be and he is hereby authorized and required to issue to Joseph Fenner a bounty warrant for

twelve hundred and eighty acres, and a donation warrant for six hundred and forty acres of land, being the quantity to which the said Fenner is entitled as a soldier of the Texas army in 1836, under Col. J. W. Fannin, at Goliad, which may be located, surveyed and patented in the same. manner as other certificates.

Sec. 2. That this act take effect from and after its passage.

Approved April 17, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XVIII.-An act to amend "an act to incorporate the city of San Antonio, and grant a new charter to said city," and to repeal "an act to incorporate the city of San Antonio," approved July 17, 1856, and "an act to amend the act to incorporate the city of San. Antonio," approved February 11, 1860, approved August 13, 1870.

Section 1. Be it enacted by the Legislature of the State of Texas, That sections five, twenty-four, forty-three and forty-five of "an act to incorporate the city of San Antonio, and grant a new charter to said city," and to repeal an act entitled "an act to incorporate the city of San Antonio," approved July 17, 1856, and an act entitled "an act to amend the act to incorporate the city of San Antonio," approved February 11, 1860, approved August 13, 1870, be so amended as hereafter to read as follows:

"Sec. 5. That on the second Monday in January of each alternate year, beginning with the year 1881, a mayor, recorder, city councilmen, a city collector, and street commissioner shall be voted for, and the returns for such election for mayor and other officers shall be made in the same manner as hereinafter provided.

"Sec. 24. At the first meeting of the city council after the promulgation of the result of the election for mayor and other offices, the city council shall, upon the nomination by the mayor, proceed to elect one treasurer, one engineer, one city attorney, one city physician, one city clerk, one assessor, one or more market-masters, one or more water commissioners, a marshal and one or more assistant marshals, and such police and other officers as they may deem necessary for the proper administration of the city government, and for the interest of the city. They may provide by ordinance for the suspension or removal of officers elected by the people or appointed by the council for malfeasance or incompetency in office or other cause, and shall fill vacancies as they may occur; provided, such vacancies occur less than nine months before the expiration of the respective terms of office of parties vacating.

"Sec. 43. To incur debts and to borrow money on the credit of the city and issue bonds therefor to an amount not to exceed ten thousand dollars during any one year. To make a loan or incur an indebtedness exceeding ten thousand dollars in any one year, the question must be submitted to the legal voters of the city, and if sustained by a vote of two-thirds of the vote polled, such indebtedness or loan shall be lawful. All bonds shall specify for what purpose they were issued, and they shall not be invalid if sold for less than their par value, and when any bonds are issued by the city, a fund shall be provided to pay the interest and two per cent. per annum on the principal as a sinking fund to redeem

the bonds, which fund shall not be diverted or drawn for any other purpose, and the city treasurer shall honor no draft drawn on said fund except to pay interest or to redeem the bonds for which it was provided, and for the payment of each loan, to levy a special tax over and above the general tax allowed by this act; provided, the rate of tax shall not exceed one-half of one per cent. and the rate of interest paid shall not exceed ten per cent.; provided, also, no loan shall be made or indebtedness incurred for any other purpose or purposes than those connected with the corporation of the city of San Antonio, and no loan shall be made or indebtedness incurred to aid any private enterprise, railroad or undertaking not under the management and control of the city council. The sinking fund for the redemption of any bonds or the payment of any loan or debt, shall be invested as fast as the same accumulates in United States interest bearing bonds, bonds of the State of Texas, or bonds of the city of San Antonio, and such bonds, and the interest of such bonds, shall be invested in like securities and shall be sold when necessary to pay the debts or loans or to redeem the bonds for which the sinking fund was accumulated.

"Sec. 45. To appropriate money and to provide for the payment of debts and expenses of the city. But the bonded or other indebtedness of the city shall not be increased more than ten thousand dollars in any one year unless authorized by a vote of the people of said city as hereinbefore provided."

Sec. 2. The near approach of the end of the session, and the want of a proper law upon this subject, creates an imperative public necessity and emergency that the rules be suspended and that this act take effect from its passage, and it is so enacted.

Approved April 18, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XIX.-An act granting to Mrs. Florence Whitis, executrix, the right to make a change in Laurel street, in the city of Austin.

Whereas, The estate of C. W. Whitis owns lots numbers 11, 12 and 13, and all land out of out lot 15, division D, on the south side of Laurel street, city of Austin, therefore, upon the petition of the said Mrs. F. Whitis, executrix, and of proof made that the same has been advertised as required by law;

Section 1. Be it enacted by the Legislature of the State of Texas, That Mrs. Florence Whitis, executrix of the will of C. W. Whitis, deceased, be authorized to change the course of Laurel street as shown by the government survey and plot of the city of Austin, lying between out lots numbers 11, 12 and 13 on the north, and out lot number 15, on the south of said street, all in division D, city of Austin, as follows: Beginning the change at the west of said Laurel street where it leaves the northwest corner of out lot number 15, division D, and running thence nearly east at right angles to the street running across the west end of said Laurel street to the west line of out lot number 10 in division D; thence nearly south with said west line of said out lot number 10, till it falls into the street now running nearly north between out lots numbers 15 and 17, division D, on the west of said street, and out lots numbers 7, 8 and 9, division D, on the east of said street.

Sec. 2. The right of the state to the land embraced in the limits of said discontinued street as herein set forth is hereby granted to the estate of the said C. W. Whitis, and made a part of out lot 15, division D; provided, that the said Mrs. Florence Whitis, executrix aforesaid, shall have the proposed new street laid off at least sixty feet wide, and shall cause within sixty days after the passage of this act, a correct plot of the changes herein authorized to be made, and deposit the same with the clerk of the county court of Travis county for record; and provided further, that said Mrs. Whitis, executrix aforesaid, shall, within the same time, execute a deed to the land embraced in the limits of the new street as herein designated, to the city of Austin, for public purposes and uses forever, and file the same with the county clerk of Travis county for record; and provided further, that this act shall in no way impair the vested rights of other persons.

Sec. 3. The late period in the session at which this bill receives action, and the convenience of the public and owners of adjacent property, which will be subserved by the passage of this act, creates a public necessity for the suspension of the rule which requires this act to be read on three several days.

Approved April 18, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XX.-An act to authorize the Austin Canal, Irrigation and Manufacturing company to construct a dam across the Colorado river.

Section 1. Be it enacted by the Legislature of the State of Texas, That the Austin Canal, Irrigation and Manufacturing company, incorporated under a general law of the state, and their associates, successors and assigns be and they are hereby authorized to construct and keep up a dam across the Colorado river at any point above the city of Austin on said river and within ten miles of said city, selected by said company, and to divert so much of the water of said river as may be required by said company for their purposes into a canal to be constructed by them; provided, that said company and their successors, should said river become navigable from the city of Austin and above said dam, by vessels propelled by steam, shall construct and keep for use a lock in said dam for the pas sage of such vessels; and provided further, that there shall be constructed and kept in good order by said company a fish-ladder or other ways sufficient to enable fish to pass from below and above said dam; provided, that should said company fail to construct said dam within two years from the passage of this act, then the privilege herein granted shall cease; and provided further, that no acquisition of the right of way herein granted shall avail unless said company shall commence said canal in two years from this date and finish the same in three years thereafter, nor shall this act prevent any person or company from building a manufactory or manufactories, or using the waters of said river at any time.

Sec. 2. Said company shall be authorized and empowered to acquire the right of way and the land necessary therefor in the same manner and under the same regulations as provided by law for the acquisition of the right of way by railroad companies in this state.

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