railroad under their charter, and within five years from said time shall have a further section of one hundred miles completed as aforesaid, and the remainder of said road shall be completed within two years thereafter; provided, that if said company shall find it to their interest to terminate their road at any point on the line of any railroad running from San Antonio to the Rio Grande, the same shall be deemed a compliance with the terms of this act, and the act to which it is amendatory, either as to the main line or branch, as the case may be, and the company shall not then be required to construct their road further; provided, further, that the said company shall not have the right to sell, rent, lease, or consolidate with any parallel or competing railroad in this State.

SEC. 3. That the State reserves the right to regulate the rates of freight and passage on said road by any general law of the State applicable to railroads, and also to place the officers and employés of the same under the provisions of any general law which is now in force, or may be hereinafter enacted, to prevent wrong towards passengers or other patrons of railroads.

SEC. 4. That this act take effect and be in force from and after its passage.

Passed May 5th, 1873.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the sixth day of May, A. D. 1873, and was not signed by him, or returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-JAMES. P. NEWCOMB, Secretary of State.]

CHAPTER CXXI.

An Act to Prohibit the Sale of Intoxicating Liquors within two miles of the Linn Flat High School House, in Nacogdoches 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 liquors, by sale or otherwise, except for medicinal, or wine for

sacramental purposes, within two miles of Linn Flat High School House, in Nacogdoches county.

SEC. 2. Be it further enacted, That any person or persons violating the provisions of the foregoing act, shall, upon conviction thereof before 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. That this act take effect and be in force from and after its passage.

Passed May 5, 1873.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the seventh day of May, A. D. 1873, and was not signed by him, or returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution of the State, and thereupon became a law without his signature.-JAMES P. NEWCOMB, Secretary of State.]

CHAPTER CXXII.

An Act granting a Charter to O. M. Airheart, to create, keep and run a Ferry-boat at the Spivey Crossing, on Trinity River, in Henderson County and Navarro County.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That O. M. Airheart, of the county of Henderson, is hereby authorized to keep and run a ferryboat, at the old Spivey crossing, on Trinity river, on the road leading from Athens, in Henderson county, to Corsicana, in Navarro county.

SEC. 2. That the said O. M. Airheart be subject to the general laws of the State of Texas governing the es tablishment of ferries.

SEC. 3. That there shall not be established any other ferry or other ferry-boat, kept or run for public use, within four miles above or below said ferry established by this act, except for private use, after said ferry-boat shall be in running order, and the said Airheart shall establish and have a good and substantial ferry-boat completed and in running order within three months from the

passage of this act; and shall then be ready at all times to convey passengers and property of all di[e]scriptions, and shall be responsible, as common carriers, for the same, except at such stages of the water in said Trinity river as in the opinion of the ferryman in charge it would [be] hazardous to cross the said river, and in such event he shall not be compelled to cross or run his ferry-boat.

SEC. 4. That the said O. M. Airheart, his agent or at torney, shall be entitled to collect and receive the following tolls (to wit): For wagon or any other vehicle drawn by four horses, or mules, or oxen, seventy-five cents; and ten cents for each pair of horses, mules or oxen in said team over the first number named; for each two-horse wagon or vehicle, drawn by two horses, mules, oxen or other animals, the sum of fifty cents; for one-horse wagon, buggy or cart, the sum of thirty cents; for each man and horse, the sum of fifteen cents; for each footman, five cents; for each loose horse, mule, jack, jennet, ox or cow, the sum of five cents each; for animals in drove or herd, of the stock kind, the sum of three cents each; for hogs, sheep and goats, the sum of two cents per head. Any other species of stock or property crossed at said ferry, and not enumerated above, a ferr[i]age fee in proportion as above.

SEC. 5. Any person willfully damaging said ferry-boat, its tackle, paraphranalia [paraphernalia], or anything appertaining to the said boat, its landing, banks or crossways, shall be fined in double the amount of the damages proven, upon conviction, and same recoverable before any court of competent jurisdiction, and the same be due and payable to the party injured; and said fine and costs to be collected as other fines are.

SEC. 6. This charter shall be in force for the period of fifteen years from and after the passage of this act; provided, said ferry shall be kept in good repair and condition to serve and answer for public use; otherwise, this charter shall be null and void.

SEC. 7. This act shall take effect and be in force from and after its passage.

Passed May 6th, 1873.

[NOTE.-The foregoing act was presented to the Governor of Texas for his approval on the eighth day of May, A. D. 1873, and was not signed by him, or returned to the

house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-JAMES P. NEWCOMB, Secretary of State.]

CHAPTER CXXIII.

An Act to Incorporate the Lee Fire Engine Company, No. 5, of the City of Galveston, State of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That David Jordan, J. Schwarb, A. Balliman, W. F. Seiffert, F. Poole, C. Wolf and C. Bergman, of the county of Galveston and State of Texas, and their associates and successors, are hereby constituted a body politic and corporate, under the name and style of "Lee Fire Engine Company, No. 5;" and by that name have succession, and may sue and be sued, plead and be impleaded, have and use a corporate seal; buy, sell and hold real, personal and mixed property, not to exceed in value one hundred thousand dollars; may contract and be contracted with, and make all rules and by-laws that may be necessary for the government of the said company, and have and exercise all the powers and rights generally incident to such companies.

SEC. 2. That said company shall have the right, in its constitution and by-laws, to impose fines upon its members for neglect of duty, not to exceed in any one instance the sum of ten dollars, which may be collected in the name of said company, by suit before any justice of the peace, in and for the county of Galveston.

SEC. 3. That the members of said company shall never be less than twenty nor more than seventy-five in number.

SEC. 4. That the active members who shall have served therein for one year, shall be exempt from service as jurymen, except in capital cases.

SEC. 5. That neither the company nor its members shall be liable in damages, or otherwise, for property destroyed or injured by the company, while in the discharge of their duties as firemen; provided, they shall exercise proper care in the discharge of their duties.

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

Passed May 6th, 1873.

[NOTE.--The foregoing act was presented to the Governor of Texas for his approval on the eighth day of May, A. D. 1873, and was not signed by him, or returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-JAMES P. NEWCOMB, Secretary of State.]

CHAPTER CXXIV.

An Act for the relief of the Estate of John T. Story.

WHEREAS, On the 12th day of March, A. D. 1853, by virtue of land warrant No. 1176, issued by the Adjutant General on the 7th day of December, A. D. 1852, the Commissioner of the General Land Office issued a patent to the heirs of Francis Castillo for twelve hundred and forty (1240) acres of land in Caldwell county, Texas, which said certificate or warrant was duly assigned and transferred to said Storey; and

Wher[e]as, Afterward it was decided by the proper courts of this State, in case No. 2979 on the docket of the Supreme Court of Texas, that 448 acres of said land so patented was in fact not subject to location, having been previously patented to one Gideon Pace; therefore,

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Commissioner of the General Land Office of this State be and he is hereby required to issue a land certificate to the estate of said John T. Story for four hundred and forty-eight (448) acres of land, and which said certificate may be located upon any unappropriated public domain of this State.

SEC. 2. That this act take effect and be in force from and after its passage.

Passed May 6th, 1873.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the seventh day of