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Brazos Santiago, so that sea-going vessels of average tonnage could cross said bars regularly, and without danger or impediment; and

Whereas, the ports to be reached by crossing said bars are the natural outlets and shipping points, not only for the products of the great State of Texas, but also for a large portion of northern Mexico, and probably will be such, in the near future, for several of the States and Territories lying to the north of Texas; and

Whereas, the General Government expends millions of dollars annually for bar, harbor and river improvements, and such improvements are believed to be proper subjects for the action of the General Government; therefore

Be it resolved by the Legislature of the State of Texas, That the Congress of the United States is earnestly petitioned to enact such measures, and make such appropriations as may be necessary to improve the bars at Galveston, Pass Cavallo, Aransas Pass, Sabine Pass and Brazos Santiago, so that sea-going vessels of average tonnage may be able to cross such bars regularly and without danger or impediment.

Be it further resolved, That a copy of this preamble and resolution be transmitted to the President of the Senate and Speaker of the House of Representatives of the United States, and to each one of the senators and representatives from this State in the Congress of the United States, and that such senators are hereby instructed and such representatives requested to use their utmost endeavors to secure the legislation indicated in this resolution. Approved May 24, 1870.

CHAPTER IV.

JOINT RESOLUTION.

Be it resolved by the Legislature of the State of Texas, That we instruct our Senators, and request our Representatives in Congress to urge the immediate passage of such measures by the Congress of the United States as will protect our frontier from Indian depredations; to the end that the Legislature of this State may, by proper legislation, assist in the same.

Approved May 27, 1870.

CHAPTER V.

JOINT RESOLUTION REQUIRING THE LATE ASSESSORS AND COLLECTORS TO COMPLETE THE ASSESSMENT OF TAXES IN THEIR RESPECTIVE COUNTIES, AND MAKE RETURN THEREOF TO THE COMPTROLLER OF PUBLIC ACCOUNTS, ON OR BEFORE THE FIRST DAY OF AUGUST, 1870.

WHEREAS, The late assessors and collectors of this State are required by General Orders No. 74, Headquarters Fifth Military District, of date April 16, 1870, "to complete the assessment of taxes in their respective counties, and return their rolls to the Comptroller of Public Accounts on or before the first day of June, 1870;" and Whereas, up to this date returns have been received at the Comptroller's office from only four counties, viz: Atascosa, Gillespie, Jackson and Mason; and

Whereas, In the opinion of the Comptroller of Public Accounts, the time in which assessors shall be required to return their rolls for 1870, should be extended at least sixty days; therefore,

Be it resolved, That assessors and collectors shall complete the assessment of taxes in their respective counties, and return their rolls to the Comptroller of Public Accounts on or before the first day of August, 1870; and that every assessor and collector failing or refusing so to complete his assessment and make return thereof, as herein required, and within the time herein specified, shall be subject to a penalty of five hundred dollars, to be recovered upon his official bond; and his final settlement with the Comptroller of Public Accounts shall be suspended; provided, that in counties where there are no assessors and collectors of taxes, it shall be the duty of the justices of the peace of their respective beats or precincts to assess the taxes in accordance with existing laws; and the sheriffs of said counties shall collect the taxes, in accordance with existing laws.

Approved June 15, 1870.

CHAPTER VI.

JOINT RESOLUTION IN RELATION TO SALARIES OF PROVISIONAL DISTRICT JUDGES.

WHEREAS, By General Orders No. 74 of the commander of the Fifth Military District, dated at Austin, Texas, April 16, 1870, declaring that the State of Texas had resumed her practical relations to the National Government, and that all authority conferred upon said commander by the Reconstruction Laws was remitted thereby to the civil authorities, it was directed that "All civil officers will continue in the discharge of their present duties until relieved by qualified successors," etc.; and further, that "The Supreme and District Courts of the State will continue in the discharge of their respective duties until the new courts shall be inaugurated;" and

Whereas, the several persons acting as judges of the District Courts of said State, in order to prevent the courts of justice from being closed, continued in the discharge of their respective duties as such judges; and

Whereas, there has been some doubt expressed as to the right of the Comptroller and Treasurer of the State to audit and pay the salaries of said judges for services rendered after the passage of the act re-districting the State, and the Comptroller refuses to audit claims for such salaries; therefore

Be it resolved by the Legislature of the State of Texas, That the Comptroller of Public Accounts and the Treasurer of the State of Texas be directed to audit and pay the salaries of such judges as continued in the official discharge of their duties, down to the time when the judges of the present districts, including the counties of the former districts of the respective military appointees, shall have been or may be nominated, confirmed and qualified; provided, that no such judge, who has been appointed judge of any district within the State, shall draw salary as such military appointee after he has qualified as judge of any of the present districts of the State; and provided further, that the unpaid balance of salaries due said provisional district judges be paid out of the unexpended balance of the appropriation already made by the commanding general of the Fifth Military District for payment of the seventeen district judges; provided, that no salary shall be audited or paid to any such provisional judge, unless satisfactory evidence be produced to the Comptroller that such judge actually continued in the discharge of his official duties during the time for which he claims such salary. Approved August 15, 1870.

CHAPTER VII.

JOINT RESOLUTION TO DEFRAY THE CONTINGENT EXPENSES OF THE TWELFTH LEGISLATURE.

Be it resolved by the Legislature of the State of Texas, That the sum of thirty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, to defray the contingent expenses of the Twelfth Legislature. Approved August 15, 1870.

CHAPTER VIII.

JOINT RESOLUTION AUTHORIZING THE GOVERNOR TO INVITE PROPOSALS FOR THE LOCATION OF TWO PENITENTIARIES, AND TO REPORT THE RESULT TO THE NEXT SESSION OF THE LEGISLATURE.

Be it resolved by the Legislature of the State of Texas, That the Governor be, and he is hereby authorized and required, to invite proposals, by proclamation, for the location of two penitentiaries in this State, one east of the Trinity and one west of the Colorado rivers, and report the result to the next session of the Legislature. Approved August 15, 1870.

INDEX.

A.

ABSTRACT OF TITLED AND PATENTED LANDS.

to be made out annually by Commissioner of General
Land Office, and sent by Comptroller to each district
clerk...

ACCOUNTS.

ACTS.

(See administrators, executors, guardians, justices of
the peace, and sheriffs.)

and parts of, repealed...

PAGE.

207

5, 16, 18, 31, 33, 45, 49, 59, 66, 70, 75, 77, 84, 127,
128, 139, 183, 196, 233, 234.

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