he shall receive such fees as are allowed justices of the peace for similar services, and he shall have jurisdiction to try and determine all infractions and violations of the laws of the corporation under such rules as may be prescribed by the council. He shall have power to issue such warrants and process as may be necessary to enforce his jurisdiction.

SEC. 9. In case of a vacancy in the office of mayor, alderman or marshal, by death, removal, or otherwise, an election shall be immediately held to fill the unexpired time, in the same manner and form as prescribed for a general election. Should the office of mayor become vacant, the council shall elect one of their number to act as such until a mayor shall have been elected and qualified; and in case of vacancy in the office of marshal, the council may depute some competent person to act as such until a marshal can be elected.

SEC. 10. The mayor shall not vote in any proceedings of the council, except there be a tie, when he may cast the deciding vote.

SEC. 11. It shall be the duty of the mayor and marshal to cause an election to be held on the first Monday in January in each year, by giving notice thereof at least ten days before the election, for the election of all officers herein provided for; and should the mayor and marshal refuse to order any such election, then any five citizens of said corporation may order and hold said election, after giving five days notice. All persons who reside within the corporate limits, and are entitled, under the laws of this State, to vote, shall, under this charter, be entitled to vote at any election herein provided for; and the mayor shall have power to order elections to fill vacancies that may occur by reason of death, resignation or otherwise.

SEC. 12. The officers of this corporation shall hold their offices for the term of one year, beginning ten days after the first Monday in January in each year.

SEC. 13. That H. A. Highsmith shall be the mayor, M. Cliett, the marshal; and G. P. Staten, T. P. Early, A. H. Crow and O. F. Nash the aldermen of said corporation until the tenth day after the first Monday in January, 1874; and should any vacancy occur in any of said offices before the date last mentioned, it shall be filled in the manner hereinbefore prescribed.

SEC. 14. This act shall take effect and be in force

from and after its passage.

Approved May 3d, 1873.

CHAPTER CXVI.

An Act to Incorporate the German Germania of Columbus.

SECTION 1.. Be it enacted by the Legislature of the State of Texas, That Theodore, Hardee, John Zwiegel, H. Kulow, Geo. Witting and T. G. Schultz, of the city of Columbus, county of Colorado and State of Texas, together with their associates, be and are hereby incorporated as a body politic and corporate, under name and style of the "German Germania," of the city of Columbus.

SEC. 2. That said corporation shall be invested with perpetual rights and succession, and as such, may have and use a common seal, subscribe, hold and buy real estate within the corporate limits of the city of Columbus, under such rules and regulations as the members of said association shall agree upon and make, not inconsistent with the terms of this charter, and the Constitution and laws of the State of Texas.

SEC. 3. The members of this association, or a majority of them, may make by-laws for the government of the said association; and may at any time expel a member for a violation of the rules of said association.

SEC. 4. The object of said association being for the social recreation of the members of said association, their families and friends, and for the promotion of intelligence, the same shall never be used or devoted to any other purpose.

SEC. 5. Said association, by its corporate name, may sue, and be sued; plead and be impleaded; and generally may do all other acts necessary to preserve the property and protect the rights of the association, as such; provided, that said association and its successors shall never own, at any time, a greater amount of real estate than is of the just value of twenty thousand dollars, exclusive of improvements.

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

Approved May 3d, 1873.

CHAPTER CXVII.

An Act to incorporate the Town of Wharton, in Wharton County.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the citizens of the town of Wharton, in Wharton county, be, and they are hereby declared a body politic and corporate, under the name and style of the "Corporation of the Town of Wharton ;" and by that name shall have power to sue and be sued, plead and be impleaded, and to acquire, hold and dispose of real and personal property.

SEC. 2. That the limits of said corporation shall extend one-half mile in every direction from the court house on the public square of said town.

SEC. 3. That no person shall be eligible to office, or vote in said corporation, who has not been a resident thereof for six months prior to every election for mayor and board of aldermen.

SEC. 4. That the mayor and a majority of the board of aldermen shall have power to pass ordinances and rules for the regulation of peace and order, to protect life and property, to levy and collect taxes, not to exceed one per cent., within said corporation; to provide penalties for the violation of the ordinances of said corporation, not inconsistent with the Constitution and laws of the State; to appoint such officers as may be deemed necessary.

SEC. 5. That all officers, before entering upon the duties of their office, shall take and subscribe the oath prescribed by the Constitution of the State; and the mayor and all appointed officers, under this act, shall enter into bond for the faithful performance of their duties, to be approved by the city council.

SEC. 6. That the term of office under this act shall be two years from the date of election or appointment.

SEC. 7. That the presiding justice of the county of Wharton, shall, as soon as practicable, order an election to be holden in said corporation, after giving fifteen days notice, for one mayor and five aldermen, the election to be conducted under such laws as are in force at the time of election; and said justice shall be the presiding officer, and issue certificates of election to the person receiving

the highest number of votes cast; and all elections thereafter held, to fill vacancies or otherwise, shall be conducted under such regulations as shall be prescribed by the mayor and board of aldermen.

SEC. 8. That this act take effect and be in force from and after its passage.

Approved May 3d, 1873.

CHAPTER CXVIII.

An Act to incorporate the Milam Real Estate and Emigration
Association.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That C. R. Smith, George Green, J. W. McCowen, Jr., W. M. McGregor and B. F. Ackerman, and all others who may become associated with them as stockholders, their successors and assigns, are hereby created and established a body corporate and politic, under the name and style of the "Milam Real Estate and Emigration Association;" with capacity in said corporate name to sue and be sued; to plead and be impleaded; to have, hold, possess, use and enjoy, by purchase, grant, gift or devise, property, real, personal and mixed, and to sell the same; to contract and execute leases, deeds, mortgages, deeds of trust; to contract for, erect, own and maintain buildings; to contract for the importation and transportation of emigrants, and to import and transport emigrants from any portion of the United States or any foreign government into the State of Texas, or any portion of the State; to borrow money, issue bills of credit, draw bills of exchange; to collect debts, bonds, bills, drafts, and all species of indebtedness, and do and perform any and all things necessary for the business of said company; as are not contrary to the Constitution and laws of the State of Texas. Said company shall have a corporate seal, with such device as they may select, and may alter the same at their pleasure.

SEC. 2. The capital stock of said company shall not exceed two million dollars, divided into shares of one hundred dollars each. Each share shall entitle the owner thereof to one vote, either personally or by proxy, at all

meetings of the stockholders; provided, that a two-thirds majority of the stock subscribed, expressed in writing or by vote at any meeting of the stockholders, shall be binding upon the company. Said shares shall be deemed personal estate, and shall be transferable by any conveyance in writing, recorded by the secretary in the books of the company kept in his office, or in such other and further manner as the directors of said company may prescribe. SEC. 3. The said company shall be under the control and management of the board of directors, who shall be elected by a majority of the stockholders at their first regular meeting, and the directors when elected shall select, from their number, a president, vice-president, secretary and treasurer.

SEC. 4. That the number of the board of directors shall not exceed nine, and a majority of said board shall have power to pass all necessary regulations, ordinances and by-laws for the regulation and government of said company in its business and contracts as are not in contravention of the Constitution and laws of the State.

SEC. 5. The secretary and treasurer of said company shall make an annual report, with a balance sheet, showing the condition and business done by said company for the previous year, and submit the same to the stockholders of the company for their examination and inspection. SEC. 6. The president-in his absence, the vice-president-shall call a meeting of the stockholders of said company annually, at such time and place as he may desire, at which meeting, the business of the company for the previous year shall be presented to the stockholders as stated in section (5) five; and if, upon examination and inspection of the business done by the company, and the condition of the same, two-thirds of the stockholders who have paid their subscription, shall desire to dissolve said company, and shall so vote, either in person or by proxy, the directors shall immediately take such steps as may be necessary to wind up and settle the business of the company; and for this purpose shall proceed to pay and settle all the indebtedness of every nature and description of said company, and to collect all the debts due the company, as far as possible; and after paying off and settling all the liabilities of said company, the directors shall sell at public outcry, for cash, all the remaining unsold property, also all debts, bonds, accounts, &c., be