The Texas Democrat (Austin, Tex.), Vol. 1, No. 24, Ed. 1, Wednesday, June 17, 1846 Page: 2 of 4
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aadei Moore,"Daniel Kfnchels, Tsam Thompson,
sf and John J5. .Newell, are hereby constituted eom-
" inissioners to locale the couniy-seat "of Wharton
county, and the place they may-Select shalL be
called Wharton, and shall Nellie seat of-justice oft
' .r .-i .1 - - J ..l t j."'.' I
lata county, uniu oinerwise oireeieu oy iuw juyu
- atEHtyoFsaid commissioners concurring,
shall be competent to do all the -business, for which,
-aid corBmissioners-are created. " . .
- Sso2r Be it further enacted,. That said conv-
mTssidnersareauthorized to receive any donations,
or lo pufchaseany lariUs-not exceeding six -linn-J
drea-anUjtorty acres, iorjne purpose oi locating
aid county seat, which lands'shall be disposed
of by .the county court lor couniypurpnses.
Sec. 3., Be itfurthcfxnacted,' That this act take
- effectirorn-and-aiter its passage. - " ,' "
-Approved., 3rd, April, A. D 1S46;
"jp -
' AN ACT "V
'. ToenabJef the Governor to fill certain ""vacancies
' "" . that may hereafter occur.; ,5T-
j Section 1. Beit enacted by the Lcjnslqtuie of
. tte JSttite.of Texas, That the Governor be, and -lie
whereby authorized to fill all vacancies ihat may
.cccur-durhig the recess of the Legislature in such
offices as have been filled by joint voie of boih
"..Houses of the Legislature ; also, that he be au
thorized to fill all vacancies that may occur by
defcth or resignation during the recesss oi the
Xpgrslature,j?vhich require the consent of the
Senate.
Sec 2. Be' it?-further enactedttThal this act
shall take erFect from and afier irsfpaisage.
Approved, 3d April, A. D. 1846.
AN ACT
To allow defendants to plead a partial failure of
consideration.
Section 1. BeitJtnacted by the Legislature of
the, State of Texas, J hat the defendant or defend-
atttsiu any action at law or equity, that may be
hereafter, instituted upon any bond, note, coven-
ant, or -other agreement in writing, in any court
wftBin this State, may plead a paitial failure of
consideration, where such bond, note, covenant,
or other agreement-.in writing, shall remain in the
"possession oTtne original payee; or when it
shall have -been transferred or assigned after ma-
turity thereof, or when thedefendam ordefendants
maypfijve a knowledge of such failurerof eonsid-
- eratio'n on the part of the holder prior lo said
maturity.
Sec 2. Be it-further enacted, That this act
shaJlttake effect and be in force from and after its
V- ;-page.
, Approved, 3d April, A. D. 1S46.
f. AN ACT
, ro provide for the location of the County Site of
' 'a&, Hie County of Calhoun.
. SsnSriojr 1. Be it enacted by the Legislalurciof
" the Mate of J. exes, 1 hat Addison -iWhite, Henry
Kitchens, H. Beck, James Cummings, andThos.
'V rDuke, be, and they are hereby constituted a com-
mission to locate the seat of justice of the county
; or Calhoun.
"Sec2 2. Be it further enacted, That said com-
rnisst Kiers, or a majority of them shall, so soon as
-convenient after the passage of this act, proceed
Id select A suilableplaco for the seal of justice,
ande-acquire by gift or pUrchase for the. use of
ine, oountyv I lot of land not to exceed one hun-
dred and sixty acres, if the place chosen be not
alrwidy laid off in town lots, and if il be so laid
off,, then a sufficient lot or lots for all county
purposes.
Sec. 3. Be if further enacted, That the place so
selected and de-Jard by said commissioners to be
he county seat of the county of Calhoun, shall
remain the seat of justice until otherwise provided
.by law.
Sep. 4. Beit further enacted, That this act take
effect from and after the first day of April next.
Approved,13rd April, A. D., 1S46.
AN ACT
To create the County of Tyler;.
Section. 1. Be it enacted by the Legislature of
- itfe State of exas, .ihat all that portion of the
county of Liberty comprised in the following
limits, to wit: Commencing on the west side of
the Neches River, where the Houston county line
strikes said river thence, west, aloni said line
of Houston-county, to the line recently establish-
ed as the eastern boundary of Polk county ;
thence, in a southwardly direction, w iih said line,
twenty-five miles; thence, due south to Village
Creek; thence, down said creek, with the line of
Jefferson county, to the Neches River; thenre up
said river lo the place of beginning, containing
the territory known as the eastern division of
Liberty county, shall be known and called 'l'ler
county.
Sec. 2. Beit further enacted, That the inhabit-
ants residing within the limits of said county of
Tyler shall be.entitled to all the rights, privileges
and immunities, enjoyed by the citizens of the
several counties within this State, except as to
the right of separate representation and a separate
land district, which shall be as heretofore.
Sec 3. Beit further enacted, That Edmond
Parsons, Jesse Fulghnm, Ellis Green, Edward
Turner, George Kiikwood and Win. A. Furguson,
be, and are hereby a ppointed commissioners, with
power and authority, a majority of them concur-
ring, lo select two or more sites within said
w county of Tyler, one within five miles of the
centre of said:ounly, to be voted for by the voters
of said county of Tyler as hereinafter prescribed.
' Sec 4. Be it further enacted, Thai should the
commissioners appointed by this act, in selecting
the sites or places to be prr posed to and voted for
by the people, be equally divided, it shall be their
duty to call in an umpire, a majority of them
agreeing as to the individual, he being .; citizen
of said new county, whose decision concurring
vith any three of said commissioners shall be
final as to the place or places in question.
1 Sec 5. Be it further enacted, Thai it shall be
the duty of said commissioners, so soon as they
shall have selected the points to be voted for as
Contemplated 'y rbisjact, to report the same to
the Chief Justice of Libeity couniy, whose duty
it shall he forthwith to dtder an election at the
several election precincts in said tow county,
(giving ten days notice thereof,) for Chief Justice
& saitfcounty of Tyler and. for the selection of a
County seat ofvseaUof justice for said new county,
which elclion rhall be holdep and conducted in
i;oii funnily with the const irutionFml laws of this
."State regulating elections for rnrmbers of ih(
.Legislature, and make a return thereof to said
Chief Justice, who if after counting and. com-
paring the polls of sard eleci ion,'-"shall find that
tieijher one of the sites Ijrated 'shall- have re-
reived a majority of ilie" whole number of votes
..given in, il is hereby madehis'duty, inimedialely,
to order a s-cqnd..-e!ectinnfor said countyseat.
when the two places receiving the highest numbei
of votes at Che first election, onKvsharl be put in
nomination, and the place "receiving the highesi
number of vines at -the second election shall be
lhe seat of jutfce for said new county...
Secj6. Be it further cnuctcdMxi shall' be
the July of the eommissipriersappoin'ted under
the second section of his31ci, to" proofed to ob-
tain by pufehaseuiponthe faith of the county, or
to receive bydonation, a'sufficient quantity of
lambfat-the place so sejecteel Cbyvfhe "people, ns
hall has'uffieienffor the erection of-puolio build-
ings, Jand to defray such necessary expenses as
may accrue in said county. """.'
Sec 7. 'Be it On ther enacted, TuSnrthe Chief
Justice elecled under the piovisiojrisr of thisci
shall qualily himself and proceed to oi def elec-
tions and organize saithnew county according to
the proisions of this act.
Sec 8. Be il further enacted, ?Thal "this 'act
lake effect from andafter its passage.
Approved, 3d April, A. D. 1&46.
AN ACT
v To create the County of Colin.
Section I. Be it enacted by the Legislature of-
the CitateoJ lexas, ihat all luai territory in tan-
nin county included within ihe foljowihg-limils, to
wit: Beginning on the south boundary line of
Fannin county, twenty-nve miles west, of the
south-east corner of said county ; thence,' west
with said boundaiy linethirty-t,wo miles'; thence,
north iwenty-eighl and a half miles ; thence, east
to the western boundary line of Fannin county;
i hence, south to the south-west corner iheieof;
thence,, north eighty degrees easl, five miles-;
thence, south to the beginning, be, and 4he same
is hereby created a new county, to.be kuown and
called by the name of Coliu.
Sec 2. Beit further enacted That the county
Herein created, shall be entitled to all the right?
privileges and immunities, enjoyv-d by fhespveral
counties in this State, except as to the. right of
separate representation and a separate land office,
or land district, for" which", the county of Colin
shall compose a part of Fannin county, until
enthied- by nu-nbeis to separate representation.
Sec 3. Be it further enacted, Thai th eounty
of Colin shall exercise jurisdiction over all the
territory in Fannin couuty west of the county of
Culin. .
Sec 4. Be it further enacted, That J no. McGara,
J. C. M. Hodge, Thomas Ballon, Ashley JMcKin-
ne3', Sln(l I'leasait Mison, be, and the' are hereby
appointed commissioners, whose duty it shall be
to find the centre of said county and select two
places within three miles of said centre, (having
due respect to donations that may be offered by
individuals,) lor a town site for the use of the
county ; the commissioners shall then procerd lo
hold an election, and the place receiving the
greatest numfpgf votes shall be iheiouutj seat,
aifd the place i elected, shaH be jknown and
caller! by thep?me of Buckuer ; and the com-
missioners shall proceed to lay off said 'town and
sell the lots therein, at public auction on a credit
of twelve months.
Sec 5. Beit further enacted, That the proceeds
arising. from ihe sale of lots in said town, or
other donations, shall be applied by the commis-
sioners hereinjreaied, for the erection of public
buildings for the use of said counlv.
Sec 6. Be it further enacted, That this act
lake effect from and after it passage. .
Approved, 3rd April, A. D., 1S46.
" - AN ACT
To establish the County Seat of Milam County.
Section 1. Be it enacted by the Legislnturcof the
Slate of Texas, That Win. D: Thomson, Isaac
Sianderlerr, Winfrfd Bayley, J. Turnhamj Daniel
Munroe, Benjamin Bryant, and Augustus Sulli-
van, are hereby appointed co nmissionersjo locale
the county seat of Milam county, and a majority
of the above named persons hall form a quorum
lo transact business, and shall loca'e such county-
seat, ai the nearest convenient and suitable point
lo the centre of a constitutional county, to be
formed hereafter with the northern boundary of
Burleson couuty and the Brazos itiyer as peima-
nent boundaries. . .;-
Sec 2.. Be it further enactcdj That'-said com-
missioners shall have powei to fixtheyname of
such place, and to purchase not less "than sixty,
nor more than three hundred and twentyacres of
land, or receive by donation any quantity of
land for the use of such county, and immediately
on obtaining the land, they shall proceed to have
il laid off into suitable lots ; and after reserving a
sufficient number of si.ch lots for county purposes,
shaTl'sell at public sale, having the same-advertised
at least twenty days, such a number theieof,
and on such terms as may be deemed bv them
...-, l10,,;fi,.;.,l i iU ;ium.M nt ihp pnnmv. the
WIW--1 .. t.lWl ,IA, ...W .....V-v- . , ,
proceeds lo be applied lo ihe erection of public
ou lining.
Sec 3. Be it further enacted, That the said
commissioners shall immediately after said lots
shall have been surveyed, proceed torcontracl for
ihe erection of county buildings,and when they
shall deem the neces-ary buildings, prepared for
the t ansaction 'of county business, iliey shall
notify the Chief Justice of Milam counly,f-who.
!- in ..
iTliftiTfM-ii fnimtvr nfhrerc iopii:er
shall cause llieitit
with ihe papers, 11
s,locurnenis,-aud tecords, belong-
ing to Milam co'uhty lo be removed to such coun-
. . J . .. . . I
ly'seai; and ihe aurnoniy ot the commissioners
appn:
01
l h
a reee ve for the lime actually emnioved in
- . I
the b isiness imposed upon them by 'liis act, such
pay as membersjo'f the commissioners court are
rPpnnU of awl cnnniv. shall havp to hp removed 1
from Caldwell, ihe temporary couniy site ofMi-
i ..l.i i ! i- i ii i . i I
w w ' ' - ' - T ...I
am, until me necessary ouiiuings snail oe erecieu
in the county si'e created by this art, the county
inted hy this aci, snan oeiranst.-rro io sjicii nr..w , " -.. . , -. - " Si:c. 2. Be it further enacted; That the raid
mrl of the cpunty'as shall have jurisdiction over sum, uii up me n.i.iMiiu Lu iih. i..wp .... . ... , corporittfcU1 and their Successors, by the name-; style
b countv revenue; and said commnsionersi b.iirAntonio roati ; ineru e, Wll ;; " i1"'1"'1" ""' IU1( title afoiusaid, sFiall he forever thcrpnllcr c;ip;i-
.all reeeive for the time actually employed h north-western boundary hue ot .waiKer couniy, , ,, - . . oslienll(i hesued . nlead and be ininlead-
entiiled to. . cue. . j-c ujihui c..cj..u, . ..t ...- -, all and any judgeoiticers ana persons wuaisoever,
Sec ' Be it further enacted, That from the j county of Grimes, shall be entitled to all thepri- j j a nd sfngular, actions, matters and -demand
tiine" which, bv an act organizing the couniy of" vih ges gi anted to, or enjoyed by oihereouniies 'whatsoever;.
Rnrlpenn. il.p'nlKrfr ..f Milam rmiiiiv and the in ihis State, - wiUi ihe exception of i separate Sec. 3. Be it further enacted, That ft, shall and
business shall be done at Nashville, and shall be
valid. ,
Sec 5. Beit further enacted, That this act take
effect from and a her its passage.
Approved, 4th April, A. D..1S46. .
AN. ACT
To lo'cale the county seat of La Vaca County.
Section 1. Be it enacted bii the Legislature of
.1. O .r rrx mi.... o.r. I T.. f JA
tne aiutc ty t js.tj.us, i oai oimmi Diiiry, JuiiKes
Brown, Beverly C. Greenwood, John ClarU'and
Gabriel Zumwalt, be, and thesame are hereby
appointed commissioners to locate the-county seat
of L'a Vaca county.
Sec. 2. Be it Jnrther enacted, Thai the said
commissioners shall select some place, not more
thanjive miles distant from the centre of said
couuty, which place, so selected, shall be ihe
county seat of La Vac a county until otherwise
directed by law, and a majority of said commis-
sioners concurring, shall be competent to transact
all business for which said commissioners were
created.
Sec 3. Beit further enacted, Thai said com-
missioners are hereby authorized to receive anv
lands that ma' be donated lo said county, or pur-
chase such lands as they may deem pioper for
the location of said county seat, noi to exceed six
hundred and forty acres in quantit', which land
shall be disnosed of by the county court foi
county purposes.
Si:c 4. Be it further enacted, That this act"
be in force from and afier il passase.
Approved, 4ih April, A. D. 1S46.
' AN ACT
To create ihe county of Calhoun.
' Section 1. Be it enacted by the Legislature of
the Slate of Texas, That all that territoiy compos.
ing a part of ihe counties of ictoria, J.ick'on
atu-Matagorda, included within the boundaries
hereinafter 'specified, viz: Beginning at the ex,
treme south-eastern point of pass Cavallo; thence,
in a directfjiue to tho south-eastern Corner of J.
Hughson;s survey; thence, along the eastern
line of said survey to its north-east cornerj'thenee,
alone: its northern-line to iis termination on Ca-
rancahua Bay ; thence, up said bay, with its
meanders? to the norih-easiern corner of-a sur-
vey made for Sam Houston, on the, west side of
said bay; theifce, with ihe line dividing Hous-
ton's and-Keljei's 'surveys, to its north-west ter-
mination; tlfenre, in a direct line to the, north
east corner of Dimmitt's survey; thence, with
the line between Dimmitt's ano JVIeiQuffiti's sur-
veys, loiiMermiuutiou on LnVacci Bay; thence,
aiouud said bay, with its nfeauderij,'io the .north-
east corner of V. Garcia's survey whence, with
the upper liue-ofaid survey, to its western ler-
rainatioir; thence, jn a diiecl line, lo the south-
east corner o J. M. Rirfz's survey J thence with
ihe lower line of saul survey to "the Guadalupe"
iLiver; tuence, clown said river to kspirnu oanta
Bay ; "thence? around the north and western
maigin of said bay to a point np"poife to Cedar
Pass or Bayou;- thence, with said bayou or-pa
to the" main gulf ; thenre. up ihe southern margin
or beach of Sir Joseph's.lsland or Matagorda and
Pelican Jsdunds, to thepoint of beginning, be, and
the same is hereby eshibhshed anderected a new
county, to be ea.led iliecounty of Calhoun.
Sec.2. Be it further enacted. That ibis act take
effect from and after its parage.
Approved, 4ih April, A. D. 1S46.
ANACT-
To create the County of La Vaca?
Section 1. Be it enacted by the Legislature of
the State of Tcias, That all the xteiritpryVom-v
pnseo wiitnn tne ntints nereinatter ciescnned,
shall 'form and compose ayiew counyhTcu.be called
the county of La Vaca, jo wii J3egbiniug'.seven
thousand, tjiree hundred varas norllfifi 3'2,one ileg.
east, from the lower coiner of one-fourth of a,lea-
gue of land grand, to Jesse McCoituatejlonihe"
east bank of the .GuadnlupeJRiver n .Gnz.s
county; thence, ruuniho in afiioriJieriK direction
toMie south-west corne,uf JX Burket's survey of
one leasue, No. 7, in class No. 4, in Gonzales
couuty ; -thence, ru-nning'n'orth. eighty-one dee.
east.'to a point ou'ihemaiu folk of jhe east Navi-
dad River; thence, down said river with the
meanders, to the upperpr iwirth-wesl corner of
A. W. Bieed love's 'survey, standing on the east
bank of said.Navidad Rive'r ; thence, with the
upper or north line of said A. W. Bieedjove's
survey, easl four thousand six hun(lredr.varas, to
a point on said line; thence, running southnihirjv-
nine dtro east, f(rty thousand seveiK hundred
varas; thence, running .outh, fifiy-one deg.west,
loa joint south thirty-nine deg.'east of the -place
of beginning; thence,, running north, thirlj'-nine
degrees ve, lo th' place of beginning.
Sec 2. B-ilfuthcr.cuacleel, That this net take,
eflect and be in foicii from and after its passage.
Approved, 6ih April, A.D., 1S46.
'AN ACT
Creating the County of Grimes.
Section 1. Beit enacted by the Legislature of
the state ot lexas. thai all that ooilion ot tin
., - .
teiritory of the countT of Montgomery, comprised i
wumn me louowing limns, sn.ni oe Known oy
the name of, and stled the county of Grimes, to
wit : Beginning at tii" south-west .corner of the-
county of Walker thence, in a. souti.wanlly d
rection -to ihe norih-east corrrer of a league of I
Jand granted to W. Montgomery ; thence, to the
smitli-Hiisi rnriipr of" ihe same: thence, due.soulh
to the Harris county-line ; tl ence. with said Har- ,
L;nnii;,10 m iu i,oa( nf nrinn flrpnt -nifl
I ris countv line, .to the head oi rpring.oreeK, ciiHi
ffm ihe head of. Spring Creek lo i hi
e head Of
"i ".
I. ..C n , n-,.,r nr, ll... Rrnrt5 T?iVr
i eu.i V" i iv , iijc-uii , ujr o. .,,. ....w , v.w
I flj,... , . tl.n..., . o r-lroinl.t 11
mumum u.sliawKrR ... .... --- .
-1 - I In-.. I,.- .. IV.ill-nr finiinliT
uonn-wesieru oounoa. v imu . ....r, ...j,,,
and down Hie saul Walker couniy -line to meui
place of, b ginning. , - .j
re!)resen!ationnnd a separate land district.
' ,. . . i ...7 .MM.-. .1 .-- ... .!.
c5ec. . tieUjuuner cnacicu, i uai unsjtui. "ihe
- il'.. .. I l. I., r.'.i.. Cmm anil nltor.ifc nncenma
.eneet uuu uc m imi-c .. ... ..vy.
Approved, blh April, A. U., lO'lO. "$$. ,kFI
AN ACT-
To establish the r;ouuly of Walker.
Section 1. Be it enacted by the Legislature' of
the State of Texas, Tint a new county be estab
lished to be known and distinguished by the name
of Walker, the boundaries of which shall bj as
follows :' Beginning at Robbins', Ferry on the
Trinity, where the San Antonio Road crosses the
same ; thence, with the said road to the north-
east corner of a survey of land in the name of
L. G. Clepper; thence, in a straight line to
ihe bouth'Bedai G'eek.Jo a point where ihe. La
Bahia Road cro-ses the same-; thence, in a
stiaight line to the north-west corner of afsurvey-
of two thirds of a league.of laml.in 'the rme of
J. H. Col lard ; thence, in a straight line to a
point on San Jacinto Rivet, three miles below the
mouth of Easl Sandy Cieek ; thence, east lo the
line of anew county to be called Polk; tlmnce,
with iheliiusof said county to the Trinity River;
thence, up the middle of said river lo the place
of beginning.
Sec 2. Be it further enacted, That the said
county of Walker sImII in all respects be placed
upon the same footing as the other counties of this
Slate, and the citizens thereof shall enjoy all ihe
privileges and immunities as the citizens of other
counties of the State except as to the right of
-eparate representation, but shall remain as it now
is until otherwise provided by law: Provided, also
that said county shall be under the same restric-
tions as to separate land district and surveyor.
that regulate ihe same in other new counties of
i his State.
Sec 3. Be it fui ther enacted, -That the countv
seat of said county of Walker shall be located
wiihin the incorporated'-limits of the town of
Huntsville, and me
commissioner s court at its-
first term is hereby required to appoint five.com-
jnisioners, a majority of whom 'may, act,who
shall procure a deed or deeds to so much land as
ihey may deem necessary for the erection of a
court house and jail, which said deed -or deeds
shall pe taken in the name of the chief justice of
the county and his successors in office : Provided,
that if the public square of said town can be pro
cured without cost the court house may be local ed
there ; and. movided further, that the county shall
m'no event be compelled to pay for any lauds so
to he couveyevljorMhe, -purposes above. - -
Sec 4. Be i$ fa ther enacted, That the county
of Walker; shall pay its prnportionatashareof the
debt due by the county of JVlonlgomery, to, be
determined by the county court of Montgomery
couuty and the county court of Walker counlv,
to be pan! lo ihe parties who may, hold such "ascer-
tained debt, in the manner In which, saidounty
courts may-determine. . '. ,
- SecVo. Beit further enacted Jfhal tHisact lake
f-ffcet aiul lieim furce from andfiewtl passage.
- Approved, Aprif'Gih, A. D. 18461 - '
a
AN ACT -
To authorize- the commissioners of the General
Laud Office io issue patents in cases where land
scrip has been located in two surveys. . t-
Si-ction 1 Beit enacted by the Legislator eof
the lale of lexas, That tfte commissioner of the
General Laud Office, be, and he is hereby authorized
and required to issue patents to the legal owners of
land scrip in all casesvhere the same ias been
located in two survey
by other fe'nrveys: Provided,
patentee shall pay lor one ot the p
of the surveys
Skc. 2. Be it further enacted, That this act
take effect from and after its passage;
Appro vedTth. April, A. D.-1846. : - -
r fr &
AN ACT - - '
To prohibit indlvidualsTrorn issuing billscHFcks,
V.iij.j
niotitjy.T ' $ r; v" A
- Skc
Ti(TBkTtfteiiactecL by 'the L gislatnrc of
!atc?fiTc2?as; 'f'hat frmhYand after the' pas-
-the JState
s.ige of this 'act no person, or persons within this
State snail issue any niu, promissory noie, cuecic or
other paper to circulate as money iirthe same. .
Skc 2. Be tl further enacted, 1 hat every per
lg - nn ho 'may violate this act shall be subject to
'indictment therefor, by a grand jury, as for a-mis-
demeanor,-at anyjime within twelve calendar
mouths alferso ofienaing, and shall be subject to a,
fine of -not lessMhatrten dollars nor more. ;hau,fifty
dolhirsToracJi and eveiybill, promissory ifot'e,
chjt?lc or othefTiyier by tfiem-issued in violutionof
the first-ctumof this act. 7 i "
Approved, 7th April, A D. 184c
T"
rtS
AN ACT
To incorrate the Grand Lodge of the Indepen-
dent Order of OcTd Ft Hows of the Sfate of-Texas.
Si:Ction 1. Be it enacted by the Legislature of
the'Statp of Texas, That Jacob De Cordova, Law
reuce P. Suiidberg, John Fitzgerald. James" G.
Claude! A iJdrew- Kaufman, Isadore Dyer, -James.
il. ConfaWilliam M. Carper, William William
sen, Jacob. K. Beumuont, John Armstiongand B.'
H. Pollock the pre5ent officers, representatives
and members of the'Grand Lodge of the State of
Tex-is.of the -Independent Order of Odd Fellows
and theirsuccessors. be, and they are hereby
declared.to be a community, corporation and body
politic, by Ihe name, style and title aforesaid, and
by that lianie they and their successors shall and
may ai an limes nereauer De cupauie iu uiw, io
have, receivelmd retain to them and their success
tors properly real una personal ; aiso, uevises auu
bequests of any person or persons, bodies corporate
or politic capable of making the same, and the
same at their, pleasure to transfer or. dispone of, in
such manner asthey may think proper: Provided,
always, that, the said corporation or body politic
shall not at any time hold or possess property, real,-
personal or mixed, exceeding in value ine sum oi
ttwenty tiious.ina sonars, nor more man uve acres
i j, . . . .- ' .. ., . .
' umu' : Provided, however, that if any real estate
It - I..ll npoiiifi tn cnirt .nrnnrritinn hir Imisilinn nr nlh.
.vnerj the same lsrJ&unaea'psnrCTrri-tfTmesHTtrfCTnrTnq
me twt le0,"", "w ..." "V. . . v - '""-
- . . ,. . .,in.p,i tilft tupmnf nnevpnr tn
j, di5Cpnse 0f i,enme.
. . .k,V,, ..l-j v.... . w ..,- . ...-. J w...
answer and be answered unlo, defet-d-and "de-
fended hi.all and any com ts of jiuticet and before
may be lawful for the said corporation to Wave a
' S ' . r !...: ..J.U.. . .Ur
common setu lor uitjir usm. mm uie hi nieii
nrlll rrA nlancnrH lf ptinnorP nltPr.nnfl TTinlfP nrPW
. ... UM .m,- j,-, . . ... ."-:
iromiime lO.lUUea uicy may ilium uusi, uuu aouu
in ge'neral, have and exercise all such rfghts.'privi-
regej, aou immunities, as ov law arejneident or
necessary to- such corporations, and what may be
nfiP.PSSnrv tn tlin frtrnnr?tirii Imi-ni .. .:,.... J
Sec 4. Be it further enacted, Thai this" act
shall take effect and be in force from and' after-' its
passage. . -
Approved, April Slh, A.-D. 1846.
AN ACT
. Creating the County of Smith.
Section 1. Beit enacted by the Legislature of
the State of Texa, That from and after the im.
sage of this act. ail that territory now included in
the county of Nacogdoches, within the following
limits, to wit: Beginning at a point on the Neches
River due west of the south-west corner of the
Neches Saline survey; thence, east, along the
southern boundary line ofVaid survey, to the south-
east coiner thereof; thence due east to the western
boundary line of Rusk county ; thence, north, with
said western boundary of said county ofRusk,. to
the north-west corner thereof; thence, up the'a-
Dine ttiver, wan its meauderings, to a point thirty-
six miles on a direct line fronTthe corner of sa'fd
Rusk county, on the Sabine River; thence, due
south to the Cherokee boundary line- thence
south, with said line, to the Nechs fftver; thence)
down said river, with its meauderings, to the begin- '
iiing, to be, and the same is hereby constituteda ,
county.
. Sec 2. Be it further enacted. That the nhmm
described countyshall be known and styled by the
name of Smith.
Sec 3. Beit furtherenacted, That William B.
Duncan, James Hill, Elisha Lotr, John Jawler,
Dewberry, be, and they are hereby appointed '
and constitntedcommissioners, who, or a, majority
of wiiom,shaIl proceed to njn the.Iines as herein
described, and to plainly mark the dry-lines of the
same and also mark the several corners of the said
county.
Sec 4. Be itt further enacted, That the said
commissioners, or a majority of them, shall proceed
to ascertain the centre of said county, as near as
may be. and shall at the said centre, or'within three
miles thereof, locate the county site at the most
pleasant place within said bounds, having elevation
and good water in consideration.
Sec 5. Be it further enacted, Thar the said
commissioners may, in the event that they cannot
locate the said county sile at the centre or'wiiriin
three miles thereof, they may locate the same, with-
in five miles ot the centre, p'rovided they can com-
bine the said elevation and water so as to induce
them-to do so. EHF
Sec 6. Beit further enacted, That ihcjafd
commissioners shall have tfie right to purchase lor
receive by donation, three hundred acresof land"",
including said location,, or shonjd the owner or
owners of said land refuse to sell or-donate the same,
the said commissioners sihdli condemn one hundred
acres, -giving to the owner a fair consideration
therefor, an.dfp,recee.dltoaldy offa town, and'to sell
tueMots thereofjtohejhest bidder, reserving lots
for a court bonJjailOTlsiich other pubhVlots"
as they may deeiTrPhecessary
Sec . Be it further enacted, That the-safd
commissioners shall sele. t from nmongr .themselves
a presiding member who wheaso chosen shair have
"power to convene thesaid commissioners to trans-
'acrany duties requiFetl of them in this act. -$C
. Sec. 8. Be i L furtner- enacted. That the "-said
commissioners shall Before they enter upon the i
partially discharge theirduties as commissioners'ofi"
1.. . - . . C5. - T . "
the county of Smith. v - "-
Sec 9: Be it further enacted? Thatr the citi-
zens of thesaid canity of Smith -shall be. and are
hereby entitled to all .the courtSj officers and
other privileges that the citizens of other counties
of tins State are, except separate representation aud
a separaterlc-xud district.
Sec 10. Be it furtlier enacted,'rTlm(tbe.county
site of said-county of "Smith shall be kuoVw'1lahds
"styled Tyler. " ? -"i - 5.-.5
Sec. 11. Be it further enacted, That. thisact
be in force from and.alteritspassaee. - ;.i sf
Appro vea, jiprn iudja.u. 10.0.
-
ANT ACT
To create.therCounty of Denton.
i
south-west corner of Colin connty ; thence ivasl
thirty miles; thence, "Uiorjh thirty nfries hencef
eat thli ty miles ; thence south thirty inilesi to.the
beginning, be. and the samelis hereby created a new"
cotlntv to be known aud called hy the name of
Denton. , -
Sec- 2. Be it further en acted' That the inhabit
ants residing wjthin saidJimitsshalLbe entitled-to
all the rights, privileges and immunities enjoyed hy
the inhabitants of the'several counties in thisState,
except as to the right of separate representation and .
land district, for'which purpose the inhabitants of -Denton
county shall be .considered as attached to
Fannin county until enlitkdny numbers to separate
representation. '
Sec 3. Be it further enacted, That John W.
King, Joseph W- Conner, Joseph Turner, John
Ramsey and Jesse Gibson, be," and they are hereby
appointed commissioners, whose duty it shall he to
find the centre of said county and select two places
withm three miles 01 said centre, having due res-
pect to donations that mav be offered by individuals
of land or other property, for a town site for the
use of the county. The commissioners shall then
proceed to hold an election, and the place receiving
the majority of the legal votes shall be the countv
seat of said county ; and the placeso selected shall
be known and called Pinckneyvilie: after whjch
the commissioners shall proceed to-lay off a town
and sell the lots therein at public auction, ona credit
of twelve months. AH the proceeds arising from
the sale of lots or other donations shall be applied
bthe commissioners herein created,.to the erectiun
ol public buildings for the -use of the county.
C3EC 4- ne tcjnrmer enacted, That this act take
effect and: be in force from and after its passage,
ipprovea, 11111 iipru,.A. JJ. I84b. --'
T.ornado. This isihe very significant name &iven
to the cliaryer intended asa present to the brave mid
patriotic t-apt. V alker, ol- the Texns Rangers.. We
wsterdny saw this noble animal at Tattersall'a Livuryt
Stliles. He i a brown horse, standing between 15
and 16 hands high, and, combines strength, meuleand
activity. I he gallant Captain, w hen mounted 011 Tor-
nado, will sweep through the Mexican host with the
blighting- effects of the"Sunnont and the devastating
ravages o the hurricane. Tornado will no doabt prore
the war horse of ,Joh,vhose neck is clothed with thun-
der " He saith among "the trumpets ha, ha ! and'he
smelleth the hattleTafar off, the thunder of the ca'titains
'and the shnuunglflihelglory of his nostrils isterribfe."
-' --- . - -i - -r . .r .. - --- .r -.
, that in ever.jrcase the sworn by some acting jtu.ttceof the. pejSce lbnmi, ? -:
atents and one pariiauy aiscnarge uieirouties as commissioners'rTFSi J,
- iY. O.BeUa.
V
"N
' J
J
i&"H
s-
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Ford, John S. The Texas Democrat (Austin, Tex.), Vol. 1, No. 24, Ed. 1, Wednesday, June 17, 1846, newspaper, June 17, 1846; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth48324/m1/2/?q=Lamar+University: accessed June 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting The Dolph Briscoe Center for American History.