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for said depots, switches, sidings and turnouts, as may be required for said purposes, not to exceed thirteen acres; and provided further, if the said route of said road shall run within five miles of any county site other than those herein named, then said road shall be constructed through such county site; provided, said county site shall cause to be granted the right of way, free from any cost, to said company, from the point of divergence towards such county site to the point at which it shall regain its main route, and donate grounds for depots, &c., as above provided in the towns herein named; provided further, that nothing in this act shall be so construed as to require the people of Hopkins county to pay the money subsidy heretofore voted to the said East Line and Red River Railroad by the people of said county.

SEC. 2. That section eight (8) of the above recited act is hereby so amended as to hereafter read as follows, viz.: That said company shall have completed and put in running order at least twenty miles of its said road within eighteen months from the passage of this act, and shall complete the main trunk of said road between Jefferson and Greenville, in four years from said date, and shall complete the western division in five years thereafter; provided, that work on said road may be commenced and prosecuted from any one or more points at the same time.

SEC. 3. That the State reserves the right to regulate, by general law, the rates to be charged for freight and passengers, as well as the management and control of said railroad, its officers and employés; provided, the same is done in such manner as not to discriminate against said road in favor of competing lines of railroads in this State.

SEC. 4. That, as supplementary to said act, it is further enacted, that the said charter shall remain in force for the period of sixty years from the date of the completion of said railroad; and the said company shall be entitled to receive sixteen sections of land, containing six hundred and forty acres each, for each and every mile of railroad completed; and whenever the Governor shall be informed that a section of ten miles of said road shall have been completed, he shall at once appoint some competent person to inspect the same. The person so appointed to inspect the same shall, without delay, make an examination of said railroad, and report whether or not the said ten

miles thereof has been completed in accordance with the terms of its charter; and if said report shall be in the affirmative, the Governor shall immediately notify the Commissioner of the General Land Office, whose duty it shall be to immediately issue and deliver to said company sixteen certificates for land, of six hundred and forty acres each, for each and every mile of road completed, and so on for every additional ten miles thereof as the same may be completed, which said certificates may be located, surveyed and patented, according to the general railroad law, on the principle of alternate sections; provided, that each section of ten miles shall be inspected in like manner as provided in this section for the first ten miles; provided further, that said company shall not have the right to rent, sell, lease, or consolidate with any parallel or competing railroad in this State; provided further, that the State shall in no wise be liable for any deficiency in vacant public domain.

SEC. 5. That the lands acquired by said railroad company under this act shall by it be alienated as follows: one-fourth part thereof in eight years; one-fourth part thereof in twelve years; one-fourth part thereof in sixteen years; one-fourth part thereof in twenty years, after the passage of this act, or within said periods; and the same shall not be sold or conveyed by said company to any railroad or other incorporated company, except so far as may be necessary for its proper uses and the conducting its business; nor to any person, or firm, or company, in trust for said railroad company; or to any firm or company of which any officer or stockholder of said railroad company is a member; and a failure to comply with, or a violation of the provisions of this section shall work a forfeiture of all the benefits of this act.

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

Passed May 17th, 1873.

[NOTE.--The foregoing act was presented to the Governor of Texas for his approval on the seventeenth 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 CLXXX

An Act to incorporate the Board of Trustees of the Centreville Academic School.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That H. M. Cook, A. A. Curtis, W. A. Patrick, Jeremiah Horn, and A. J. Wood, citizens of the county of Leon, in this State, and their successors, are hereby created a body politic and corporate, under the corporate name and style of the Board of Trustees of the Centreville Academic School; and as such may have succession; may plead and be impleaded in any court in this State; may purchase, own, sell, receive bequests and donations of real and personal property; may adopt and have a common seal by which to authenticate their acts.

SEC. 2. So soon as convenient after the passage of this act the incorporators herein named shall be authorized to open books to receive subscriptions for the capital stock for such school, which shall be subscribed in shares of not less nor more than twenty-five dollars; and said stock when subscribed shall be secured by the note of hand of such subscriber, payable under the provisions of this act and the subsequent calls of the board of trustees. Said note shall be made payable to the incorporators herein mentioned. So soon as the sum of five thousand dollars ($5000), have been subscribed and secured as herein specified, the incorporators herein named shall call a meeting of the stockholders, giving ten days notice of such meeting, in such manner as they may deem proper, for the purpose of electing a permanent board of trustees for said school to consist of five (5). At such meeting each stockholder shall have one vote for each share of stock that he has subscribed and secured; provided, no stockholder shall be entitled to vote for a permanent board of trustees who has not first paid to the incorporators herein named the sum of twenty-five per cent. on the amount of stock subscribed.

SEC. 3. Said board of permant trustees shall be elected to serve for one year from the day of their election, and until their successors are elected and qualified. So soon as such board are elected they shall elect out of their own number a president, vice president, treasurer and secre

tary; and the incorporators herein named, so soon as the permanent board is elected, shall hand over to said permanent board all of the money, notes, property and books in their hands. The treasurer and secretary shall execute such bond, payable to the board of trustees, as shall be prescribed by the board, for the security of the money that come to their hands, and for the faithful performance of their duty. The board of trustees shall have power to adopt a code of by-laws for their own government, and for the goverment and control of the school; provided, such by-laws are not inconsistent with any law of this State.

SEC. 4. That the capital stock of said school shall not exceed the sum of fifty thousand dollars, and that the shares of stock may be transferred by assignment on the books of said board of trustees. So soon as the permanent board of trustees are elected, and have accepted, they shall at once, if they deem the funds or property in hand sufficient, proceed to secure the necessary land, and to erect on the same suitable buildings for the purposes of such school; provided, that said school house shall not be located further than six hundred yards from the public square in the town of Centreville, in the county of Leon, unless it is so located by a vote of four-fifths of the entire amount of stock subscribed.

SEC. 5. If from any cause, at the meeting called by the incorporators herein named, a majority of the stock subscribed should not be represented, the incorporators shall adjourn the election, from time to time, until a majority of the stock subscribed is represented at such meeting; and if from any cause there should be no election, and a permanent organization under the provisions of this act, the incorporators shall return any notes, money, or other property they may have received, to the parties to whom the same may properly belong. The board of trustees, after the permanent organization of the board, shall have full power to regulate the manner of the payment of stock subscribed.

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

Approved May 17th, 1873.

CHAPTER CLXXXI.

An Act to incorporate the City of El Paso.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That all the inhabitants of the county of El Paso, within the hereinafter described bounds and limits, are hereby constituted a body corporate and politic, with perpetual succession, under the name and style of "The City of El Paso;" and under that name shall have power, first, to sue and be sued; second, to purchase and hold real and personal property for the use of the city, and land for taxes; third, to sell and convey any real or personal estate owned by the city, and make such order respecting the same, as may be conducive to the interest of the city; fourth, to make all contracts, and do all other acts in relation to the property and concerns of the city, necessary to the exercise of its corporate or administrative powers; fifth, to have a corporate seal.

SEC. 2. That the said corporation shall have jurisdiction over all that territory within the county of El Paso, included within the following described bounds and limits: Commencing on the Rio Grande, at a point five hundred yards north of Hart's mills; thence east to the northwest corner of what is known as the Cummings' survey; thence south, following the west line of the Cummings' survey, to the banks of the Rio Grande; thence west and north, following the banks of said river, to the place of beginning.

SEC. 3. The powers herein granted shall be exercised by the mayor and city council as hereinafter set forth.

SEC. 4. The city of El Paso shall be divided into three wards; the boundaries thereof shall be as follows, until changed by the city council: The first ward shall comprise all that portion of the corporation lying west of the center of El Paso street, and south of the center of San Francisco street. The second ward shall be all that portion of the corporation lying north of the center of San Francisco street, and north of the plaza, the public square, and the center of St. Louis street. The third ward shall be all that portion of the corporation lying west of the center of El Paso street, and south of the plaza, the public square, and the center of St. Louis street; and the bound

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