CHAPTER CCXXIX.

An Act amendatory of and supplemental to an Act entitled "An Act to incorporate the Galveston and Eastern Texas Railway Company," approved December 1st, 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section six of the act entitled "An act to incorporate the Galveston and Eastern Texas Railway Company," approved December 1st, 1871, shall be so amended as hereafter to read as follows: SEC. 6. That said company, when organized under the provisions of this act, shall be and is hereby invested with the right of locating, constructing, owning, operating and maintaining a railroad, commencing at the city of Galveston, and running thence, by the most eligible route, to the town of East Liberty, in the county of Liberty; thence, on the most eligible route, to a point in the county of Polk, five miles east of the town of Livingston, on the Woodville road; and at which point the said company shall establish and maintain a passenger and freight depot; thence to the town of Moscow; thence to the town of Homer; thence to the town of Carthage, in Panola county; thence to the town of Jefferson, in Marion county; thence to some point on Red River, to connect with a railroad coming from or through the State of Arkansas, with the right to construct a branch road to the eastern limits of the State, through the towns of Jasper and Burksville; and said company shall establish and maintain a passenger and freight depot within one-half mile of the business portions of said towns, respectively, through or by which said road shall pass; provided, said towns, respectively, donate to said company lands enough for right of way, side tracks, switches, turnouts, water tanks and depot buildings, not to exceed fifteen acres.

SEC. 2. Be it further enacted, That section fifteen of the above recited act shall be so amended as hereafter to read as follows: SEC. 15. Said company shall commence the construction of said road at the town of Liberty, on the east bank of the Trinity river, and shall construct and put in running order fifty miles thereof in the direction of said town of Jefferson within two years from the passage of this act, and shall thereafter annually con

struct and put in running order fifty miles of said road in the same general direction. Said company may also commence the construction of said road at such other points in addition to that named in [the] foregoing provisions as said company may direct.

SEC. 3. That the State of Texas hereby donates and grants to said company sixteen sections of land, of six hundred and forty acres each, as hereinafter provided, for each and every mile of road completed by said company on said line. Whenever and as often as said company shall complete and put in good substantial running order a section of ten or more miles of its said railroad, may inform the Governor, whose duty it shall be to appoint some skillful engineer to examine said road, and to report, under oath, to the Commissioner of the General Land Office; and if it shall appear from said report that said section of road has been completed and put in good substantial running order, in accordance with its charter and the laws of the State, then the said Commissioner of the General Land Office shall cause to be issued to said company sixteen land certificates, of six hundred and forty acres each, for each and every mile of railroad so completed and put in good substantial running order.

SEC. 4. That the land certificates issued to said company under the provisions of this act shall be located on the unappropriated public domain in alternate sections; that is to say, said company shall cause to be surveyed two sections of land, of six hundred and forty acres each, adjoining, for each certificate so issued; and said company shall cause to be returned to the General Land Office the field notes and maps of such surveys; and thereupon the Commissioner of the General Land Office shall cause to be issued to said company, or its assignees, patents to the odd sections, the even sections thereof being reserved to the State for the school fund; provided, the State of Texas shall, in no event, be responsible for any deficiency of public domain; and the certificates issued to said company under the provisions of this act, not located because the public lands are exhausted, shall constitute no claim against the State of Texas.

SEC. 5. That the lands acquired by said company, under the provisions of this act, shall be alienated as herein provided; that is, one-fourth of said land shall be alienated in eight years; one-fourth in twelve years; one

fourth in sixteen years; and the remaining one-fourth in twenty years from the date of the issuance of the certificates, except so far as is necessary and proper for the use and conducting its business; provided, said land shall not be sold to any other railroad company, except so far as may be necessary for the use and conducting the business of such other railroad company; nor to any firm, company or corporation, of which any officer or stockholder of said company is a member; nor to any person, firm or company in trust for said company; and a failure to comply with, or any violation of the provisions of this sec· tion by said company, shall work a forfeiture of all rights secured by this act.

SEC. 6. That said company shall not lease, rent or sell, nor purchase, lease or rent any other competing, converging or parallel railroad, nor shall said company consolidate with such other railroad company or companies; and the violation of the provisions of this section shall work as a forfeiture of all rights secured by this act.

SEC. 7. That the State of Texas reserves the right to regulate the rate of charges for the transportation of persons and property by said railroad company, and the conduct of the officers and agents of the same; and also to regulate the conduct of said company as common carriers by the general laws of this State, now or hereafter to be in force.

SEC. S. That the charter of said company shall remain in force for the term of sixty years, and no longer. That this act take effect and be in force from and after its passage.

Passed May 29th, 1873.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the thirty-first 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 CCXXX.

An Act to validate a certain Land Certificate therein named.

WHEREAS, The board of land commissioners of Washington county, on the 7th day of May, 1845, issued to John Nix a certificate for six hundred and forty acres of land, number 213, fourth class; and

Whereas, Said board of land commissioners reported to the Commissioner of the General Land Office a certificate of the same number, date and class, and to the same party, for three hundred and twenty, instead of six hundred and forty acres of land; and

Whereas, The said John Nix, being a married man, was really entitled under the law to a certificate for six hundred and forty acres of land; therefore,

SECTION 1. Be it enacted by the Legislature of the State of Texas, That certificate number 213, class 4, issued on the 7th day of May, 1845, by the board of land commissioners of Washington county, to John Nix, be and the same is hereby validated, and the Commissioner of the General Land Office is hereby authorized and required to respect the same, and to issue a patent thereon, the same as if it had been correctly reported.

SEC. 2. This act shall take effect and be in force from and after its passage.

Passed May 29th, 1873.

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

An Act to prohibit the sale of all intoxicating or spirituous Liquors within certain limits of Fairview Academy, in Williamson 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 dispose of any spirituons, vinous or other intoxicating liquors, by sale or otherwise, within three miles of Fairview Academy, an institution of learning, located at Liberty Hill, in Williamson county, Texas; provided, that this act shall not prohibit any person from selling or purchasing the same for medicinal purposes, under the prescription of some practicing physician, or for sacramental purposes.

SEC. 2. Any person violating the provisions of this act shall be guilty of a misdemeanor, and on conviction thereof before any court having jurisdiction shall be fined in a sum not less than twenty nor more than one hundred dollars for every such offense.

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

Passed May 30th, 1873.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the second day of June, 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 CCXXXII.

An Act to incorporate the Town of Granberry, in Hood County, State of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the citizens of the town of Granberry, in Hood county, Texas, be and they are hereby declared a body corporate and politic, under the name