making new streets and alleys, as contemplated by the first section of this act, such streets and alleys shall pass over any land not belonging to said corporation, the title to which cannot be obtained for these purposes by voluntary donation from the owner or owners thereof, or the title to which may be in minors or others incapable of conveying or unwilling to convey the same to said corporation, then the mayor and aldermen of said town may cause such land to be condemned to the use of said corporation in the making and extension of the public streets and alleys of said town.

SEC. 3. Be it further enacted, That for the purpose of condemning lands as provided for in the preceding section of this act, the said mayor and aldermen may appoint two disinterested commissioners, and any owner or owners of land to be condemned may appoint two other disinterested commissioners, all to be citizens and freeholders or householders of said town, and these four commissioners may select a fifth of like qualifications, who shall, under oath, examine the land to be so condemned and determine the amount of damages to be paid to the owner or owners thereof, if, in the judgment of said commissioners, any damages ought to be paid to the same; and no determining the question of damages, said commissioners shall take into consideration the increased value which the extension and laying out of such new streets and alleys will give to the remaining lands situated in said town, of the person or persons whose land is to be so condemned; and if this increased value of such remaining lands shall be equal to or greater than the amount of the damage caused by the opening of such new streets and alleys, then said commissioners shall not allow damages to the owner or owners thereof, for the land so condemned; provided, that if any owner or owners of such land be absent or otherwise unable to appoint the two commissioners herein provided for, or if such person. or persons shall refuse to appoint such commissioners as they are herein authorized to appoint, then and in that case said mayor and aldermen shall appoint three disinterested commissioners, who, und oath, shall proceed to determine the question of damages.

SEC. 4. Be it further enacted, That said corporation shall pay all damages assessed under the authority of this act; and for that purpose said mayor and aldermen are hereby authorized to levy and collect taxes on persons, property and business in said corporation, from year to year, as such damages may be adjudged against such corporation; provided, said taxes for any one year shall not exceed one-half per centum, and license an occupation taxes on all trades, occupations, professions and business, not to exceed one-half the amount of such taxes imposed at the time the same are levied and collected for the use of this State. The taxes herein authorized

to be levied and collected shall be exclusively applied to the purposes contemplated by this act, and this act is not to interfere with existing laws relating to the powers and duties of the corporation of said town, or the levying and collecting of the ordinary corporation

taxes.

Approved December 1, 1871.

CHAPTER CXIX.

AN ACT TO INCORPORATE THE DOLLAR SAVINGS BANK OF BRENHAM.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That Mathew Gaines, Scipio Thompson, Sam Love, Charles Childs, W. M. Ester, Allen Wilder, R. G. Moore, Louis Brooks, Allen Harris, Wesley Taylor, and their associates and successors, and all such persons as shall become stockholders in the corporation hereby created, shall be a body politic and corporate, by the name and style of the Dollar Savings Bank of Brenham, and shall have succession, a common seal, with power to plead and be impleaded; to sue and be sued; to appoint all necessary assistants; and may have, enjoy, and exercise all the powers necessary to carry out and execute all the purposes and intents of a savings bank and trust corporation.

SEC. 2. The general business and objects of this incorporation shall be to receive or deposit or entrust such sum or sums of money as may, from time to time, be offered therefor by tradesmen, merchants, clerks, laborers, servants, and others, to be repaid to such depositors, when demanded, at such times, with sach interest, and under such regulations as the board of directors may from time to time prescribe, which regulations shall be posted up in some conspicuous place in the room where the business of said corporation shall be transacted.

SEC. 3. The business of the corporation shall be managed by twelve directors, and the persons named in section one shall be the first directors thereof, and shall so continue for one year from the date of organization of the company, and any vacancy which may occur, from resignation or other cause, may be filled by a majority of directors remaining.

SEC. 4. The capital stock of said corporation shall be fifty thousand dollars, divided into shares of one hundred dollars each, paya

ble in such instalments as the directors may from time to time elect, under such penalties as they may in their discretion adopt. And the directors are hereby appointed and authorized to superintend the subscriptions to the capital stock of the corporation, and it will be competent for said directors to commence the business of the corporation when the full amount of stock shall have been subscribed and at least ten per cent. of it paid into the treasury.

SEC. 5. This corporation may loan money according to the Constitution and laws of the State, or may discount in accordance with bank usages, taking such security therefor, either real or personal, as the directors may deem sufficient. Said corporation shall have power to borrow money, buy and sell exchange, bullion, bank notes, government stocks and other securities; but nothing in this act contained shall confer on said corporation the privilege of issuing notes similar to bank notes for the purpose of a circulating medium, unless the same may be done in conformity with the laws of the United States in such case made and provided.

SEC. 6. It shall be lawful for this corporation to purchase and hold such real estate as may be convenient and necessary for the transaction of its business, and to take and hold any real estate, in trust or otherwise, as security or in payment of any debt or debts due or to become due to the said corporation, to purchase real estate at any sale made by virtue of any loan, debt or mortgage made to or held by said corporation, and to receive and take, in whole or in part, satisfaction of any such loan or debt any real estate, and to hold and convey the same.

SEC. 7. The stockholders of this corporation shall meet at such time, not exceeding one year from the date of organization, as the directors may fix upon, and annually thereafter, and elect by ballot, from their own number, twelve (12) directors to serve for the term of one year, or until their successors are chosen. Each stockholder shall be entitled to one vote for every share of stock standing in his or her name on the books of the corporation, and they may vote-in person or by proxy; the name of the stockholder so voting shall be endorsed on the ballot, and plurality of votes shall elect. The directors shall elect annually from their number a president and vice president. The cashier may be selected from the stockholders by the directors. The directors shall make and execute such bylaws as may be necessary and convenient for the proper prosecution of the business of the corporation not inconsistent with this act or with the laws of this State or of the United States.

SEC. 8. At any time after the full payment of the original stock of fifty thousand dollars as hereinafter provided, the directors may increase the capital stock of said corporation to any amount

not exceeding five hundred thousand dollars, in shares of one hundred dollars each, and said increased stock shall be subject to all the liabilities, in munities and privileges of the original stock. Stockholders shall have the option of subscribing to such additional stock pro rata, within such time as the directors may limit.

SEC. 9. When any deposit is made to said corporation by a minor or a female, being, or hereafter becoming a married woman, the said corporation may pay such depositors any sums of money due to them, which they themselves have deposited, and their receipt or acquittance shall be a legal discharge of said corporation therefor.

SEC. 10. The stock of this corporation shall be deemed personal property, transferable only on the books of the company, and no transfer shall be valid while the stockholder is indebted to the company. SEC. 11. This corporation shall exist for the term of fifty years next succeeding the passage of this act. This act shall be void unless said company shall organize and proceed to business within three years after the passage hereof. The said company shall be subject to the provisions of any general law hereafter passed on the subject of banking, trust, or deposit companies.

SEC. 12. This act shall be deemed a public act, of which all courts and magistrates shall officially take notice, and shall take ef fect on and after its passage.

Approved December 1, 1871.

AN ACT TO AUTHORIZE THE CITY, COUNCIL OF THE CITY OF AUSTIN TO LEVY AND COLLECT A SPECIAL TAX FOR THE ESTABLISHMENT, SUPPORT AND MAINTENANCE OF A FIRE DEPARTMENT IN SAID CITY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the city council of the city of Austin be and they are hereby authorized to levy and collect a tax, not to exceed one fourth of one per centum, upon the assessed valuation of all the real estate within the corporate limits of said city; said assessment and collection to be based upon the assessment of said property for the A. D. 1870.

SEC. 2. That the tax provided for in the foregoing section is to

be levied, assessed and collected solely and exclusively for the establishment, support and maintenance of the fire department of said city, and shall be in no manner whatsoever divested from said uses and purposes.

SEC. 3. That notice of this act and the call for the tax herein provided for shall be given by the mayor of said city by publication in a daily newspaper of said city, for twenty consecutive days previous to proceeding to collect the same.

SEC. 4. That all sums collected under this act shall be immediately paid into the city treasury, and there held exclusively as a fire department fund to be paid out and appropriated in the following manner only, viz. Upon drafts drawn by an executive committee of three firemen, representing respectively the three existing fire companies of said city, and with the approval of the chief of said fire department, and the mayor of said city endorsed thereon.

SEC. 5. That the tax herein provided for shall be collected but once; and that this act cease to have effect after the collection of the same, and that the collection of said tax after notice given as herein provided, may be enforced in a like manner as in the collection of other State and municipal taxes.

SEC. 6. That this act continue in force for the purpose herein specified and no longer, and go into effect from and after its passage. Approved December 1, 1871.

CHAPTER CXXI.

AN ACT TO INCORPORATE THE GALVESTON AND EASTERN TEXAS RAILWAY COMPANY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That Joseph J. Hendley, Clinton G. Wells, William H. Goddard, Moritz Kopperl, John L. Darragh, T. J. League, T. B. Stubbs, James M. Brown, John Wolston, A. P. Lufkin, John Sealy, R. S. Willis, J. H. Chapman, Theodor Wagner, A. C. McKeen, John S. Sellers, Frank D. Harrar, J. E. Wallis, Gustave Ranger, C. H. Jordan, Leon Blum, S. Heidenheimer, Julius Frederich, M. V. McMahan, James P. Cole, M. D. K. Taylor, S. F. Moseley, James Wrigley, J. C. Day, R. S. Walker, H. G. Lane, J. H. Booty and J. T. Lacy be, and they are hereby, appointed commissioners to open books and receive subscriptions to the capital