Brazos Courier. (Brazoria, Tex.), Vol. 2, No. 31, Ed. 1, Tuesday, September 22, 1840 Page: 1 of 4
This newspaper is part of the collection entitled: Brazoria County Area Newspapers and was provided to The Portal to Texas History by the The Dolph Briscoe Center for American History.
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Published once a week at 'Five J)ollars pet annum payable in all cases in advance.
Vol. IT.
BRAZORIA (TEXAS) TUESDAY SRPTFATBRR 22 184.
No. SI.
p
I.
BRAZOS COURIER.
This paper is pnnteil and published every
Tuesday by U. L. Weir at tivedollars
per annum in advance.
Advertisements inserted at two dollars per
cquare often lines for the first insertionund
one dollar for each continuance Longer
ones in proportion. No advertisement con-
sidered leas than a square; ami should the
nurabei of insertions notbe endorsed on the
manuscript they will be continued until
otherwise directedand charged accordingly
f tfcy-Circulara. Card' Obitu try Eulogies
Announcing Candidates or any publication
Advancing private interest charged as ad-
vertisements. C5rticles of a personal nature will bu
charged double the usual price of adver
fisements.
ty-Job Work &c. to be paid for when
the work is done.
fJ-Texas money received at this office at
rbe usual d'caounl only.
fc7Letters audrced to the editor fpost
paid) will meet with prompt attention.
AGENTS FOR THE COURIER.
Velasco H. N. Walcott Esq.
Columbia A. Undkrwood Esq.
.Matagorda G. W. Ward Esq.
Richmond J. Levkuixo
Houston G. Stubhlkkiklp
Austin City A. Ritssklt. fe Co.
Laws of the Republic.
BY AUTHORITY.
AN ACT
Tor the incorporation of tho City of
Galveston.
Sec. I Be it enacted by the Senate
and House of Representatives of the
Hepublic of Te.as in congress assem-
bled That nil the free inhabitants of the
rity oi Galveston shall continue to be
ii body politic and corporate by the
ttame of the mayor aldermen and in-
habitants of the city of Galveston and
by that name they and their successors
bhfill have exercise and enjoy all the
rights immunities powers privileges
and franchises and shall be subject to
fill tho duties and obligations now ap-
pertaining and incumbent on said city
ns a corporation or incumbent upon
the inhabitants or officers thereof and
may ordain and establish such acts
"laws ordinances and regulations not
inconsistent with the constitution or
laws of this republic as shall be need-
ful to the good order of said bodv poll.
tic and under the same shall be known :
in law and be capable of suing and be.
ing sued and of defending in all courts
and in all actions and mutters whatso-
.ever and may have common seal and
may alter and change the same at their
pleasure and shall be capable of hold-
ing and conveying any estate real or
personal for tho use of said corpora-
tion provided that such real estate be
within the limits of said city.
Sec. 2. Be it further enacted That
the administration of all the fiscal pru-
dential and municipal affairs of said ci-
ty'with the government thereof shall
be vested in one mayor one recorder
nine aldermen one treasurer and as
many other subordinate officers not
herein mentioned for preserving the
peace and well ordering the affairs of
bind city as tho city council shall di-
lect. Sec. 3. Be it further enacted That
the mayor of said city shall be the chief
executive magistrate thereof; it shall
he his duty to be vigilant and active in
causing the laws ordinances and regu-
gulationsof the city to be executed and
enforced; to execise a general super-
vision over the conduct of all subordin-
ate officers and to cause their viola-
tions of law or neglect of duty to be
punished; he shall call at the request
of three aldermen special meetings of
the board of aldermen and shall cause
notifications of such meetings to be left
at the usual dwelling place of each
member of the board; he shall from
time to lime communicate with the
ioard of aldermen such information
and recommend such measures as the
business and intetest of the city may
in his opinion require he sliall re-
ceive for his services a salary to be fix-
ed by the board of aldermen payable
at stated periods which salary shall
not at any time exceed the sum of two
thousand dollars nor shall it be raised
jor 'diminished during the term of ser-
vice of any incumbent for or under any
pretext whatever.
Sec. 4. Be it further enacted. That
tbe executive power of said city and
the administration of police shall b.e
jvested in the mayor and aldermen as
fully as if specially defined and enu-
merated in this act; the board of alder-
pen shall elect all subordinate officers
for the ensuing year define their du-
ties and fix their compensation and
may remove such subordinate officers
when in their opinion sufficient cause
exists two thirds of the whole body con-
curring therein; should any member of
the board of aldermen be a candidate for
any office Within tbe gift of the board
he shall not be allowed to be present at
the decision nor entitled to vote there
on.
Sec. o. Be it further enacted That
the city assessors who shall be annu-
ally appointedjby the board of aldermen
shall exorcise the same powers and be
subject to the same duties pliabilities as
the assessors of the several citiea in the
Republic may exercise and are subject
to. under existing laws or which here-
after may exist provided however
that the board of aldermen shall appoint
one person in euch ward whose (July it
shall be to furnish tho assessor with all
the necessary information relatfvo to
persons and property taxable in his
wardj who shall be sworn to the faith-
ful performance of his duty.
Sec. 6. Be it further enacted That
the mayor shall be elected by the dis-
qualified voters of the pity voting jn
their respective wards and three alder-
men shall be elected frqm the first ward
three aldermen from the second and
three aldermen from the third ward;
said officers shall be elected by a ma-
jority of the votes given in and shall
hold their offices for one year from the
first Monday in the month of March
nnd until .others are elected and sworn
in their place and shall severally take
and subscribe an oath to perform the
duties of their offices to the be9t of
meir auinues ueioro mw cinei jusuue
or any justice of the peace resident of
said city.
Sec. 7. Be jt further enacted That
for tho purposes of holding elections
for cuy officers said city shall be deyi
ded into three wards to contuin as near
as may be practicable and convenient
an equal number of voters and it shall
bo the duty cf the board of aldermen
whenever it may be deemed needful to
alter said wards in such manner as to
preserve as nearly as may be an equal
number of voters jn each; and should
it become necessary from a large in-
crease of population to increase the
number of tho wards in order to pre-
serve an equality of voters they shall
ho vested with powers to make such in-
crease. In each of said wards there
shall be chosen by ballot of the board
of aldermen annually on the fourth
Monday in the month cf February a
warden and clerk who shall hold their
offices for ono year and until others
have been choson snd sworn to sup-
ply their places: said warden and clerk
shall be sworn to the faffhful perform-
ance of their respective dutn liy any
justice of the peace of said cj'v; a cer-
tificate of such oath having been admin-
istered Shall be issued and then filed
in the mayor's office; the warden shaii
preside at all ward meetings and phali
also act as moderator or pidge of the
elections; and if at any meeting the"
warden shall be absent I 10 clerk shall
call the meeting to orcer and preside
unfil a warden pro tcmuirc shall be
chosen; the clerk shall record all the
proceedings and certify the notes given
and shall hand over to his successor in
office all journals docj neuts and pa-
pers held by him as clerk the inhabi-
tants of each ward may choose two per-
sons to assist such warden in receiving
sorting and counting the votes; a list
of the legal voters in eich ward shall
be prepared by the assessor and board
of aldermen assisted by the wnrdens
and all regular ward meetings shall be
called and notified by a warrant from
the mayor and aldermen.
Sec. 8. Be it further enacted That
every free white ma'e inhabitant who
shall have attained the age of twenty-
one years & resided at least 12 months
previous to the day of election in the
present limits of the city of Galveston
and who shall have paid a state countv
or corporation tax and for the space of
six months shall have possessed a real
estate of the value of five hundred dol-
lars conformable with the tax list with-
in the corporate limits of the city or
who shall have paid a rent of one hun-
dred dollars per annum at least six
moiith prior to the said election shall
have and possess the right to vote at
the election of mayor and aldermen of
said city-
Sec. 9. Be it further enacted That
on the first Monday of .the month of
March annually immediately after a
warden and clerk have' been elected
and sworn the qualified voters of each
ward shall ballot for a mayor and for
the aldermen of such ward; all the
votes given forjfnid several officers re
spectively jhtU fce sorted 'guuuled
declared and registered in open ward
meetings by causing the names of the
persons voted for and the number of
votes given fqr each to be written in
words at length; the Ward clerk within
twenty-four hours shall deliver to the
persons elected aldermen certificates
of their election and shall forthwith
deliver to the clerk of the city council
a certified copy of the records of the
election. The board of aldermen shall
examine the copies of the records of the
several wards certified as aforesaid as
soon as conveniently may be and shall
cause the person whom thoy shall de-
termine toijtvo been elected mjyor by
a majority qi the legal votes given in
all the wards to be notified in 'writing
of hjs election; but if it shall appear that
n: person sliall refuse to accept tho time as circumstances and a proper at-
office the oaid board shall issue their ' tention to the revenues may require
warrant for another election and if the
citizens shall fail on a second ballot to
elect u mayor the boHrd of aldermen
from the three highest candidates voted
for shall electa mayor for tho ensuing
year and in case of a vacancy in the
office of mayer by death resignation
or otherwise it ohall bo filled for the
remainder of tho time by a new elec-
tion in tbe manner herein boforo pro-
vided for the choice of said officer in
case of a vacaucy jn the board of alder-
men -by denth resignation or other-
wise the board shall order a new elec
tion in the respective ward from which;
ciirli vipanru mav npnr onwl lntinri
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i
shall bo conducted in the same manner j
ns herein before provided for: tho nl- i
dermen elected on the fiisi Wednesday)
ofthe month of March shall meet when j
on oath for tho faithful performance of
their duty shall severally be adminis- '
tered to tlioni by the mayor or by any
justice of the peace resident within the
city.
rice. JO. Be it further enacted That
immediately afterjhe board of aldermen
have been regularly and legally install
ed they chall proceed to ballot for a 1 ther carriage for tiie conveyance oi
recorder from without their own body j any goods or other articles for him
who shall hold his office for one year ' within the said cily without such li-
the mayor presiding as president with- cense from the said mayor shall fo
out a vote except ir case of a tie; and j every Mich offence forfeit tho sum or
the person who sliall receive a m.u i twenty dollars to bs recovered in anv
jority ot the votes for recorder shall court haing cognisance thereof one
bo declared duly elected and shall half to the use of the mayor aldermen
take his oath of office before the mayor J and inhabitants intl the other h.ilf to
or any justice ofthe peace a certificate i the use ot any person who sh ill sue for
of which shall be issued and filed ii: the
iircluuves cf the board; the recorder I
shall be president ofthe board of alder- j
merit but not entitled to any other vote
than a casting vote it: caso of a tie; I
but tho mayor and recorder of the said
citv jfor the time being shall both be j
OX-OniClO justices Ul liio puuuu uiu III 1
case of a vacancy in he office of re- '
corder of Ins absence or inability the
board of aldermen sha'l ciioose one of
their members as president pro tempo i
re who shall possess all the rights aud i
pdwor's of the-recorder during such ib. i
scence or inability. ' !
Sec. 11. Bo it further enacted That
in cas of the death removal resigna-1
lion sickness absence or inability of I
the mayor to discharge his duties the '
duties of said office shall be oxecuted
by the recorder during such vacancy
inability or absence and until a new
mayor be elected as provided for ir.
the seventh section of this act who
shall be during such time entitled to I
receive all emoluments annexed to the
office of mayor; and while the recorder !
shall perforin the functions of mayor
the city council if in session shall elect
a president pro tempore in the manner
herein before directed and as often as
any vacancy may happen in tho city
council it shall be lawful for the per-
son performing the functions of mayor
to direct an eleetton in the ward to sup.
ply such vacancy in wh'jch tho same
may' happen for tbe time for which' the
tnembor whose death resignation or in-
capacity to serve caused such vacan-
cy would have been entitled to serve
which election shall be held and con-
ducted in the same manner as is herein
before directed for the annual elections
of the several wards.
Sec. 12. Be it further enacted That
the council shall give at least ten days
notice of all elections and they shall be
held certified and returned in the man-
ner prescribed by the seventh section
of this act.
Sec. 13. Be it further enacted That
the l'tcaauier for tho said city corpora-
tion shall be elected by the board of aU
dermen itf the same manner as provis
ded for the election of rocordcr and
suit jf give bond in favor ot fhe mayor
aud his successors in office in such a
mount as may bo required by the co'un-
J oil and wth bunicient securities eon
atUuaedjw the (jilbfalacuargo'of h:s
dnties; it shall be tho duty of the Trea-
surer to receive all monies belonging
to the said corporation and make all
payments of the same; to keep regular
accounts of their real and personal pro-
perty; to collect the reals dues and de.
mantis belonging thereto once in overy
year at such Jiime as shall bo directed
by the said mayor and city council to
publish an account of the receipts and
expenditures of the said treasury pro
vided that no payment be made by the
said treasurer unless the same be au-
thorised by a warrant drawn by tho
person exercising the functions of mav
or in pursuance of an order of the city
council; And further provided that the
city council may enlarge or diminish
tho amount of the bond from time to
and they deem proper
Sec. 14. Bo it further enacted That
the mayor of the city shall have a seal j
to be called the se.il of the muyorahty
of the said city which shal bo affixed
to all proper official acts of the corpora-
tion; he shall by and with the consent
of tho council appoint all measures
weights guagers conslablss wharfin-
gers scavangers and other officers and
ministers who shall be directed by any
ordinance of the said council; he shall
have power to license all uverns and
boarding houses hackney coaches or
other carriages for the conveyance of
persons tor lure and an carta wagons
and druvs for the carriage of goods or
other articles for hire subject however
to such restriction as the said mavr .
and city council shall by ordinance di
rect and that any person selling spirf
tuous or vinous liquors by retail or -
tberwise disposing of it in contravention
of any ordinance; keeping a hoarding
house tavern or lodging house for hire;
tirivinn or owuim; any coach or car-
j riage. for the conveyance of any per
J son for hire or any c irt or dray or o-
the same and the mayor shall be onti- j
tied to recover for every warrant o' j
ouimis-ion by him is e.i 1 1 any officer
appoints by .i.ind ir every hceuse
by him i ant . the sum of two dollars
and .t naif nid also shall receive the j
addition il ree mipence for his service.
13 is ii vt u iu nit- urn i -upturn ui mi- iui j
me mav or si. ill superintend the police
of .said c;ty
tnd in ike regulations ton
the ' chrr.
euro at th
and uuard; lieha'l take
iaws ot bind corooration
bo duly executed
he shall cdl net-
ings ofthe council whenever thoailaira
of the city -hall require and no order
or resolution ofthe city council for the
disposal of any public property or the
payment of any monies shal'. have any
force if the same be objected to within
twenty-lour hours alter the passage
thereof by the mayor unloss two-thirds
of the. said council nirree to pass the
.same notwithstanding such objection; i
and for that purpose ad sucn resoiu-
lions shall be sent by the said council
to the mayor immediately after the same
be passed
Sec. 1"). Be it further enacted That
no member of said city council shall ho
appointed to any employment or office
under the said corporation which shall
havejbecn created or the" emoluments
whereof shall have been increased by
the council during the time for which
he shall have been elected.
Sec. 1G. Be it fujthor enacted That
the city council be and is hereby au-
thorised to affix all kind of fines not
exceeding the sum of one hundred dol-
lars as the case may require for every
offence against the by-laws and ordin-
ances which they are empowered to
make or have already made pursuant
to the said powers tho whole to be re-
covered by the Treasurer of the city
before all the judges or justices having
cognizance thereon not in case of non-
payment o( the said fine or penalty the
party sentenced to it shall bo subject
to bo committed to jail until ho has sa-
tisfied it; Provided that the said im-
prisonment shall not exceed fifteen
dayi.
Sec. 17. Be itifurther enacted That
j in addition to the general powers vested
in i tie mayor ano aiaermen oi saiu cuy
to ordain and establish ordinances' re
gulations and by-laws they shall have
lull power and authority to make and
i pas! tucis by-laws or ordinances as they
. - -
I . I.
Htiall deem necessary to maintain tho
Cleanliness and salubrity of said ciiy;
to secure the safety aud couveniencejof
passing on the street and squares way
levees and other public rouds; to fix mo
squaring and to proveut any encroach-
ment on said public work; to deter-
mine tiiu completion and dimensions;
the maintaiuaiice and reaairs of skIj
ways or walks in tha said streets at
tho costs of propretors of houses lands
or neighboring lots; to fix tha placo
and the (ancnorage for ships and water
crafts in the port-of Galveston leaving
to he harbor master me care of attend-
ing to tho execution of the regulations
made on the subject; to establish an
active system of inspection over tho
conduct of slaves; t establish a city
guard or patrols; to provide when tho
population of too cuy and us revenues
will permit for ligutumg ihe street-;
to determine in what part of the city
wooden chimneys sliall not be allowed
to bo erected; to prevent gun powder
hoing stowed within the city in such
quantities as to oudatiger the public-
safety; to determine on tne means to bu
resorted tn in order to cliiiuisii cons
llagrutiou and to prevent the same; to
procure two or more fire engine for
tho corporation; to encourage tho estu.
blishmont of engine co-npauies and re-
gulate tho service of U persons em
ployed in working fire engines to pre-
vent or to forbid tneatres b ills aui
other public -luiuse neuts; to cause tin
theatres and other p. aces lor exhibitions
mil shows to be closed whenever in 3
reservation of order public safety or
tranquility shall require it; to establish
ic or mure market places and to do-
terinine the mode of inspection of all
comestible- sold publicly either M
said market or markets or other places;
to regula'e every tiling which relates
to nakers butchers tavern keepers oc
grog shops and any other persons keep-
ing public houses draymen horse dn-
veis water carriers and slaves employ
ed as da laoorcrs; to tiv the salaries
r rates of cnarges of the said dray.
icn horso driver- water carriers and
fay laborers and to make my other
-emulations vhich may couirdiiue to tho
better administra'ion of the atJiirs of
the said corporation as well us for tho
ii.iiiilaiua.ice ot tne polu tranquility
ind sa'ety .if tne said env; to prohibit
Uie establisn uont of any turo bank o?
my baiitv where money is bet a' nuy
..une of hazard or chance either with.
;ards dice or any thing else what-u
ver as also to prohibit tne establish.
nont4 of roulette tablos and l! other
machines instru neuts or tilings' used
for gambling.
Sec. IS. I5e it further enacted Thnt
the mayor ami city council of said city
shall have powr to assy.e broad m J
from wheat flour and offered for sal
in said city "regulating the same wej'c-
iy when necessary agreeably to tho
market prieo of llour.
Sec. 19. Ha it further enacted That
the corporatejlimits of tne city of Gal-
veston be for tho present and until o
tberwise provided all that section of
territory lying befweon seventh stretl
and thirt3-fnst street iucludmg the har-
bor end anchorage of Galveston and
running from the front line on the bay
as defined in the patent or deed to thy
Galveston Company from the Govern-
ment of Texas to the gulf between the
streets aforesiid so as to extend tho
authority of the corporation over all tne
territory defined.
Sec. '20. Bo it further enacted That
this act of incorporation except in what
relates to the formation of iv.irds and
to the number of aldermen which no.u-
bor shall be one ward and five alder-
men is hereby made to extend to the
city of Aransas in the county of Refu-
gio and all laws or parts of laws yir.ch
may contravene or conflict with tnis
provision aru hereby repealed; Provi-
ded that so far as the city or Aransas is
concerned all qualified voters tor coi.-
gress residing within tho limits of the
coporation for six months shall be en-
titled to vote for mayor aldermen aud
other officers of the corporation c( said
city of Araussg.
Sec. 21 tie il.further enacted That
so soon as ma be after the passage g
ibis act without attending to dates or
poriods of time an organisation of tl jft
municipal authorities of tho city of Ga .
veston shall bo made under the pio
sions of this eel and the proper and ne-
cessary officers elected without this in
any manner prejudicing the regular
election 'which must take place nevt
' Jll I L ..... I ..Al. A
year rana an previous ia nuu jian ;
Is ws'rcgulaiingor touching in anjjwy
tho incoyporafion nf GaKestorr' viliiuU
(Ppntinucxltq Uh ftte.)
rj
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Brazos Courier. (Brazoria, Tex.), Vol. 2, No. 31, Ed. 1, Tuesday, September 22, 1840, newspaper, September 22, 1840; Brazoria, Texas. (https://texashistory.unt.edu/ark:/67531/metapth80169/m1/1/?q=%22%22~1: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Dolph Briscoe Center for American History.