keeping and proper disbursement of all monies arising from the sale of said lands: provided, that this act shall not be so construed as to validate said grant.

SEC. 5.

That this act take effect and be in force from and

after its passage.

Approved February 8, 1860.

CHAPTER 132.

AN ACT legalizing locations made on Kempers Island in the Guadaloupe river in Victoria county.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the location made upon Kemper's Island in Victoria county be, and the same are hereby legalized; and the Commissioner of the General Land Office, is hereby authorized to patent surveys upon said island, made by virtue of any legal and genuine land certificate or other genuine land scrip, observing the law in regard to said locations and surveys as provided in other cases.

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

Approved Feb. 8, 1860.

CHAPTER 133.

AN ACT relinquishing the right of the State to certain lands therein named to William M. Love of Navarro county, Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the following described land lying in Navarro county, Texas, on the waters of Richland creek, comprising one league and labor of land is hereby donated to said Wm. M. Love and all the rights, title and interest of the State in and to said land is hereby relinquished to said Wm. M. Love, said land is embraced in two surveys, the first of which, is bounded and described as follows: "beginning 1400 varas N. 45 degrees E. of

the west corner of John Choats' survey, a stake from which a musquite 6 in. di. brs N. 47 W. 14 vrs. ; thence N. 30 W. at 320 vrs; pass the S. E. corner of W. P. Kincanon, at 5320 vrs. pass his north-east corner at 5568 vrs. intersected the S. E. line of John Taylor, a stake whence an ash 7 inch brs. N. 70 degrees E. 8 varas, and a chitim 6 in. brs. S. 28 degrees W. 5 vrs.; thence N. 45 degrees E. with Taylor's line at 860 varas, Richland creek at 2520 vrs. Taylor's E. corner and John McNeal's west corner; whence a post oak 16 in. dia. brs. N. 53 degrees E. 13 vrs. and a do18 in. brs. south 29 degrees E. 29 vrs; thence South 45 degrees E. at 1630 varas Richland creek at 4899 vrs, intersect the west line of John White, a stake whence an ash 15 inches brs. south 41 E. 81 varas and an elm 13 in. di. brs. south 83 degree west 6 varas; thence 30 east 500 varas to a stake in said line whence an ash 14 in, di. bears south 64 E. 6 varas; and a do. 8 in di. brs. north 64 degrees west 10 varas; thence south 45 degrees at 234 varas, pass John Choat's north corner at 3834 varas to the beginning.

The second survey is bounded and described as follows :Situated in Navarro county, about fourteen miles south 70 degrees east of Corsicana and on the south-western waters of Pecan creek, beginning on the south-cast boundary of twenty-six labors for William J. Malon being J. G. Rice's N. E. corner a stake from which a post oak 14 in di. brs. south 18 degrees east 15 vrs and a post oak 8 in. dia. brs S. 16 W. 18 8-10 vars. both marked L; thence south 30 east with said six hundred and forty acre survey male for T. G. Rice 2980 vrs, said Rice's south-east corner and line of Robert Carodine, from which a post oak 8 in. di. brs. S. 81 42 vrs. and a musquite 10 in. di. brs. N. 57 W. 100 vrs; thence N. 60 E. with Carodine's survey 3306 vrs. set a post oak from which an ash 14 in. di. brs. N. 62 W. 3 vrs. and an ash 6in. di. brs. N. 50 E. 4 varas ; thence 30 W. with E. Powers' survey to 1903 varas pass his N. W. corher at 2480 vrs a post from which an ash 12 in. di. (marked L) N. 44 W. 6 varas and an ash 8 in. di. brs. (L) sonth 9 degrees E. 3 varas; thence south 60 W. with Malon 3306 vrs. to the beginning. And the State of Texas hereby relinquishes all her right and title in and to the above described land to the said William M. Love, of Navarro county, Texas.

SEC. 2. That this act taks effect from and after its passage. Approved February 8th, 1860.

CHAPTER 134.

AN ACT to amend an act entitled "an act for the relief of Nathaniel Prescott, R. S. Wheat, L. G. M. Gaughey and Eliza Green" passed September 1st, 1856.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Commissioner of the General Land Office is hereby required to issue a certificate for six hundred and forty acres of land to Elijah Green, in lieu of duplicate certificate No. 141, class 3rd, issued by the Commissioner of the Court of Claims, November 6th, 1857, in the name of Eliza Green, on lost certificate No. 5080-5081, class 3rd, issued by the Commissioner of the General Land Office, on the first day of November, 1856, in the name of Eliza Green under the provisions of said act mentioned in the caption hereof: Provided, said Elijah Green shall return said duplicate certificate to the General Land Office for cancellation.

SEC. 2. The Commissioner of the General Land Office is hereby required to apply the certificate herein provided to be issued, to the field-notes of the survey made under and by virtue of said duplicate certificate and now on file in the General Land Office, and to issue a patent thereon in the name of said Elijah Green, and this act shall be in force from and after its

AN ACT to prohibit the sale of intoxicating liquors in the neighborhood of Soule University.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That it shall not be lawful to sell any intoxicating si ituous liquors within the distance of three miles from the Soule University, in Chappell Hill in Washington county, unless sold by apothecaries or physicians for medicinal or mechanical purposes, and any persons offending against the provisions of this act shall forfeit and pay the sum of not more than one hundred nor less than fifty dollars for each offence, to be recovered by suit before any Justice of the Peace of the precinct in which the University is situated, which suit may be instituted in the name of the

State at the relation of the President of said University, and the amount recovered shall be paid one-half to the county of Washington and the other half to the said University, and the relator shall be responsible for costs when the defendant is not convicted. SEC. 2. Prosecutions under this act shall be commenced within six months after the commission of the offence and not after.

Approved February 9, 1860.

CHAPTER 136.

AN ACT to incorporate Cedar Grove Male and Female Institute, in Kaufman county.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That William Gibbard, D. W. Scroggin, Andrew Sullivant, William Moody, J. W. Scott, Richard Stewart and T. J. Lewis, and their successors be, and they are hereby constituted a body coporate and politic, under the name and style of the Cedar Grove Male and Female Institute; capable of suing and being sued, pleading and being impleaded, of holding and owing property, either real, personal or mixed, of selling and conveying the same at pleasure, of having a common seal, and of changing the same at pleasuae and of doing and performing whatever else may be proper and necessary to be done. for the advancement of said Institute.

SEC. 2. That the charter and privilege shall extend to the said Trustees and their successors in office, so long as they confine the benefit of the same to the advancement of the sciences and of useful knowledge to the rising generation.

SEC. 3. A majority of said Trustees shall constitute a quorum to transact the business of said Institute; they shall have power to select their own officers and to make their own by-laws provided, that said by-laws are not inconsistent with the provisions of this charter, or the constitution and the laws of the State of Texas.

SEC. 4. The principal of said Institute shail have power to grant certificates of advancement in literature and the sciences to deserving students.

SEC. 5. The Trustees shall have the power of fixing the salaries of all officers connected with said Institute, and to fill all vacancies that may occur in their own body.

SEC. 6. No religious test shall ever be required of any president, teacher or officer of said Institute, nor shall any student be considered suspended or expelled on account of his religious or political opinions: provided, that the Trustees of said Institute shall not be prohibited from providing for the infliction of suitable punishment for immoral conduct.

SEC. 7. The institute hereby incorporated shall be located at Cedar Grove in the county of Kaufman, and the property of the same shall not exceed fifty thousand dollars; and that this act take effect and be in force from and after its passage, and shall continue in force twenty years. Approved February 9, 1860.

CHAPTER 137.

AN ACT to establish and incorporate a Literary Institution at the town of Gilmer in the county of Upshur.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That an institution of learning be, and the same is hereby established at the town of Gilmer in the county of Upshur, to be denominated the Upshur Masonic College.

SEC. 2. That the following persons having been chosen Trustees of said College are hereby organized as such, to-wit: Stephen W. Beasely, D. L. Neal, John W. Rogers, G. E. Warren, A. W. Wright, William H. Hort and W. O. Barker.

SEC. 3. That the Trustees aforesaid be, and they are hereby created a body politic and corporate in deed and in law, and by the name of the "President and Trustees of the Upshur Masonic College" and by that name, they, and their successors in office shall, and may be capable in law, to receive and hold, use, and have in fee, or for life, or for a term of years all hereditaments and also hold and use all property of any kind whatever, which may be given, granted or bequeathed to them for the purpose of promoting the interest of the said College: provided, the amount of property owned by said corporation shall not exceed one hundred thousand dollars, over and above the buildings, library and apparatus necessary for said College.

SEC. 4. That the Trustees shall have a stated meeting each year, at the time of conferring degrees, and the President of the Board shall have the power to call occasional meetings of