ARTICLE XV.

SECTION 1. That the inhabitants of the city of Austin are hereby exempted from working upon any road beyond the limits of the city. The city shall not, at any time, become a subscriber for any stock in any incorporation. The fiscal year of this city shall terminate on the day preceding the day of election, as hereinbefore provided, in each year. Whenever any city officer, accountable as such for any money received or receivable by him, shall neglect or refuse to pay over or account for the same, on balance properly due by him to the city upon the adjustment of his account, the mayor shall order suit to be commenced in the proper court against such delinquent officer for such sum or balance, adding thereto, as a penalty, ten per cent. commission of the delinquent, which shall be forfeited in every instance where suit is commenced and judgment obtained thereon, and interest at twelve per cent. per annum from the time of receiving the money, or when it shall have been received, until it shall be paid into the treasury.

ARTICLE XVI.

SECTION 1. That one-half, at least, of the revenue of each year shall be appropriated to defraying the back debts, if any, owing by the city. A separate account shall be kept of such appropriations and disbursements thereof; provided, however, an excess at the end of any fiscal year, remaining after the payment of back debts, may be used for the discharge of other obligations and contracts of the city, and may be so appropriated. A separate account shall be kept of the revenue applicable to the different objects in this act indicated, and of the disbursements on account of each; and there shall be made by the proper officers quarterly accounts, and at the end of each fiscal year there shall be published, under direction of the city council, a statement showing the receipts and disbursements for the last fiscal year. warrant, bond, bill or note shall be issued by the city to any creditor of the city for less than one hundred dollars, unless the amount due by the city to such creditor be less than one hundred dollars, or the balance remaining due to such creditor, after the issue to them of such one hun

No

dred dollar securities. The present city council shall exercise all of the powers and functions vested in the council under this act.

ARTICLE XVII.

SECTION 1. Every person owning any animal which shall die within the city, or within one thousand yards of the city limits, shall remove such animal, or cause the same to be removed, at least one thousand yards beyond the limits of the city, as defined by this act; and any person violating this section shall be deemed guilty of a misdemeanor, and, on conviction in a court having jurisdiction, shall be punished by a fine not exceeding one hundred dollars.

ARTICLE XVIII.

SECTION 1. The officers of the city of Austin elected at the last general election shall continue in office until the first election provided for by this act, unless removed from office as herein provided. That all acts and parts of acts in conflict with the provisions of this act, be and the same are hereby repealed, and that this act take effect from its passage.

Approved April 5th, 1873.

CHAPTER LXVI.

An Act to prohibit the sale of Intoxicating, Spirituous or Vinous Liquors within two miles of Hackberry Grove Academy, Collin county.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That it shall be unlawful for any person or persons to sell or dispose of any intoxicating, spirituous or vinous liquors, by sale or otherwise, except for medicinal or sacramental purposes, within two miles of Hackberry Grove Academy, in Collin county.

SEC. 2. And that any person or persons violating the provisions of this act shall, upon conviction thereof in any court of competent jurisdiction, be fined in any sum not less than ten nor more than one hundred dollars for each and every offense.

SEC. 3. This act take effect and be in force from and after its passage.

Approved April 7th, 1873.

CHAPTER LXVII.

An Act supplemental to, and amendatory of an Act entitled "An Act to incorporate the Odd Fellows Hall and Building Association of Bryan, Texas," approved December 1, 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That besides the objects enumerated in Section 1, of said original act, shall be authorized to build and construct houses, to make improvements upon real and personal property, to construct and carry on manufactories, to deal in money, stocks, and other securities, to discount notes and acceptances, to receive money on deposit, and generally to use its capital and funds in any lawful manner.

SEC. 2. That the officers and managers of this association shall consist of seven directors, to be elected by the stockholders, one president, a vice-president, a secretary and treasurer, to be selected by the directors, to be selected at such time and in such manner as shall be provided by the by-laws of said association. Such officers shall receive such compensation as shall be allowed by the by-laws, and shall hold their offices for the term of one year, subject to removal in such manner as the by-laws may provide.

SEC. 3. That the capital stock of this association shall, as in the original act, be divided into shares of ten dollars each, payable in such installments as the board of directors may provide, and each share shall entitle the holder to one vote. Any share holder failing or refusing to pay such installments, shall, after twenty days notice, given in such manner as the by laws may provide, forfeit such stock.

SEC. 4. That this association may, at any time, should a majority of the shares deem it to the interest of this association, or necessary to carry out the objects of its organization, unite or consolidate with, or merge into any other corporation, upon a vote of a majority of the shares at a meeting of the shareholders called for that purpose.

Upon such consolidation or merger, the share holders shall receive the stock of such other corporation in lieu of their own shares in this association.

SEC. 5. That all the sections and parts of sections of said original bill only, which are inconsistent herewith, or in conflict with the provisions of this act, are hereby repealed.

SEC. 6.

That this act take effect and be in force from and after its passage.

Approved April 7th, 1873.

CHAPTER LXVIII.

An Act to incorporate the Odd Fellows' Male and Female College, located at Pittsburg, Upshur County, Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That M. F. Cheney, P. C. Johnson, Rev. J. M. Greene, Rev. M. T. Arnold, and J. H. Redding, and their successors in office be, and they are hereby constituted a body corporate and politic, for educational purposes, by the name and style of "Pittsburg Odd Fellows' Male and Female College;" by which name they may sue and be sued, plead and be impleaded, and buy and sell property, real, personal and mixed, or may acquire the same by gift, bequest or otherwise; may have a common seal to authenticate their acts, for the purpose and object of maintaining an institution of learning at Pittsburg, Upshur county, Texas, under the supervision of Lodge No. 135 of the Independent Order of Odd Fellows, located in said town and county.

SEC. 2. That the management of said college shall be vested in the aforesaid body corporate and their successors, as a board of trustees, and they shall elect one of their number chairman of the board; they shall also elect one treasurer and one Secretary. The chairman shall preside at the meetings of said board, but in his absence a chairman pro tem. may be appointed by said board. The treasurer shall keep a correct statement of all moneys that may come into his hands for the use of the college, and shall pay them out only on the authority of the board. The secretary shall make and keep such records

as the board shall order; and both treasurer and secretary may be removed from office by the board for cause; and all officers elected or appointed under the provisions of this charter shall hold their offices for twelve months, if not removed as herein provided.

SEC. 3. That the board of trustees shall have full authority to make such rules, regulations and by-laws, for the government of either themselves or the college, as a majority of them may see proper to enact, not inconsistent with the Constitution and laws of the State.

SEC. 4. That the faculty shall consist of the president, professors and teachers, and shall have power to enforce all laws adopted by the board of trustees for the government of the college, by such measures as may be considered reasonable; and shall have power to suspend any student who may knowingly violate the laws, which suspension shall last until the board of trustees can be convened, who, conjointly with the faculty, shall have power to continue or remit the suspension; they shall also have authority to expel disorderly students.

SEC. 5. That the board of trustees, conjointly with the faculty, shall have authority to confer such degrees in the arts and sciences upon any student of the college, or other person or persons, as they may consider worthy, as are usually conferred by similar institutions, and to grant certificates thereof, signed by the faculty and trustees, and authenticated by their corporate seal.

SEC. 6. That this act take effect and be in force from and after its passage.

Approved April 7th, 1873.

CHAPTER LXIX.

An Act amendatory of an Act entitled "An Act to incorporate the City of Austin," passed March, 1873.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That article one of the above recited act shall hereafter read as follows: