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cent.; on the third, fourth and fifth thousand dollars, four per cent. ; on the sixth, seventh, eighth, ninth and tenth thousand dollars, three per cent.; on all over ten thousand dollars, one per cent.

SEC. 123. It shall be the duty of the Comptroller of Public Accounts to make a minute and complete index hereof, before having the same printed or distributed.

SEC. 124. That all acts heretofore passed for the assessment and collection of taxes, and all laws amendatory thereof that are in conflict with this act, be and the same are hereby repealed.

SEC. 125. That the sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the treasury not otherwise appropriated, for the purchase of blanks and contingencies necessary to carry this act into effect. SEC. 126. That this act shall take effect and be in force from and after its passage.

Approved August 15, 1870.

CHAPTER LXX X V.

AN ACT TO PROVIDE FOR THE SALE OF THE HOUSTON TAP AND BRAZORIA RAILWAY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That in order to secure, as far as practicable, the indebtedness of the company owning the above named railroad, to the State of Texas, and save that portion of the common school fund from entire loss, the Governor of the State is hereby authorized and required to sell said railway, together with all the rights and property of the Houston Tap and Brazoria Railway Company, at the time, upon the terms and in the mode provided in the following sections of this act. SEC. 2. In view of the depreciated and constantly decreasing value of said property, the sale shall take place within ninety days. from and after the final passage of this act. Due notice for said sale

shall be given by the Governor for at least thirty days previous to the day of sale, of the time, terms and conditions of such sale, by publication in a newspaper published in the city of New York, and a newspaper published in the city of New Orleans, and in three newspapers published in the State of Texas.

SEC. 3. Said sale shall be made at the front of the capitol in the city of Austin, and shall be conducted by the Governor, or by

some one appointed by him for that purpose. It shall be to the highest and best, bidder for cash; and the Governor is authorized and required to execute and deliver to such purchaser a deed of conveyance to the property so sold, whenever such purchaser shall have entered into good and sufficient bond, payable to the Governor of the State, in the sum of ($50,000) fifty thousand dollars, conditioned that such purchaser will keep said railway in running order, and will not remove, or cause to be removed, any of the iron from the track of said railway, or any of the rolling stock therefrom; provided, that the Governor of the State shall be authorized to purchase said railway, if, in his discretion, he may deem [it] necessary to protect the interests of the State; provided further, that should said railway, when offered for sale to the highest bidder, not bring the sum of ($100,000) one hundred thousand dollars coin, the Governor is hereby authorized to purchase the same for the State.

SEC. 4. The proceeds of the sale, after paying all the necessary expenses thereof, shall be deposited in the treasury of the State, with the common school fund and as a part thereof.

SEC. 5. All laws and parts of laws conflicting with this act are hereby repealed; and this act shall take effect and be in force from and after its passage.

Approved August 15, 1870.

CONCURRENT RESOLUTION..

CONCURRENT RESOLUTION.

Resolved, That the Comptroller be instructed to audit all mileage accounts in conformity with the subjoined schedule. That for every fraction of mileage under twenty-five miles, one day's pay be additionally computed; and such members who may have received less mileage at the provisional session of this Legislature than is allowed in conformity with this resolution, are hereby authorized to demand and collect any balance that may be due and unpaid by the State Treasurer.

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Schedule of Distances to Austin and return-Continued.

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Schedule of Distances to Austin and return—Continued.

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