SEC. 2. That James Hamilton, John P. Boyd, Joel Blackwell, Sr., Thomas J. Lane and J. W. Iglehart, are hereby appointed commissioners to divide said county of Delta into five justices' precincts; to order and hold an election for officers, and for the location of the county site of said county of Delta.

SEC. 3. That said commissioners, a majority of whom shall constitute a quorum for the transaction of business, shall, at the earliest day practicable, lay off said county into five justices' precincts, and immediately thereafter shall order an election for such officers as are now elective under the constitution of this State, giving twenty days' notice of said election by posting notices of said election in three public places in said county of Delta; and said election shall be held at the town of Charleston, in said county, and shall, in all respects, be conducted in accordance with the laws controlling elections in this State.

SEC. 4. That at the time of holding the election for the officers aforesaid, the qualified voters of said county shall, by a vote, locate the county site; provided, that not more than two places shall be put in nomination, neither of which shall be more than three miles from the geographical centre of said county.

SEC. 5. That said commissioners shall give certificates of election to the persons elected, and shall make returns of said election to the Secretary of State within twenty days thereafter.

SEC. 6. That the persons so elected, upon receiving their commissions from the Governor, and the approval of their bonds by the commissioners aforesaid, shall enter upon the discharge of the duties of their respective offices.

SEC. 7. That after the commissioners aforesaid shall have divided the county into five justices' precincts, held the election for officers and the location of the county site, as hereinbefore provided, issued certificates of said election, and made returns of said election to the Governor, have administered the oath of office to the persons elected, and approved their bonds, their duties, powers and responsibilities shall cease.

SEC. 8. Be it further enacted, That until otherwise provided by law, the county of Delta, for judicial purposes, shall be attached to the Eighth Judicial District, and for purposes of representation to the Tenth Senatorial District.

SEC. 9. The county site of said county shall be known and called by the name of "Cooper."

SEC. 10. Be it further enacted, That this act shall take effect and be in force from and after its passage.

Passed July 29, 1870.

CHAPTER XXXI.

AN ACT TO AUTHORIZE COUNTY COURTS TO LEVY A ROAD TAX, AND TO IMPROVE ROADS AND BRIDGES.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the county courts of the several counties of this State be, and they are hereby authorized, to levy and have collected a special tax upon the taxable property in their respective counties, and to appropriate the same to the building of bridges and the improvement of the first class public roads in their counties respectively; said rcads to be classed by said county courts.

SEC. 2. Said county courts shall appoint a road overseer in each county, whose duty it shall be to employ hands, at such price as may be fixed by the courts, to work on roads at such points and in such manner as he may think best for the good of the traveling public and as the courts may determine; to contract for building necessary bridges and causeways; but all such contracts made by him shall be submitted to the county court for approval; and, if so approved, said contract to be closed on terms safe to the county, to be prescribed by the court.

SEC. 3. That work on roads or bridges or causeways, as contemplated in the foregoing section of this act, on completion according to the terms of the contract, and so certified by the overseer, shall be paid out of the road fund hereinbefore provided for, by order of the court.

SEC. 4. That overseers of roads shall receive such compensation for their services, to be paid out of the road fund quarterly, such sum as may be reasonable for the services rendered, to be fixed by the county court, not to exceed five hundred dollars annually ; and said overseer shall be bound to keep the roads, bridges and causeways of his county in good repair; and, on failure to do so, may be removed by the court and be subject to indictment as for a misdemeanor, and fined, not exceeding one hundred dollars; provided, it shall be a good defense to such indictment that he had not sufficient means at his disposal to keep the same in good repair, or that he used due diligence to keep the same in good repair.

SEC. 5. Any person may pay his or their special tax, as herein provided, by work on any portion of the road, causeway or bridge in the county under contract or agreement with the overseer, and he may receipt for the same, and such receipt shall be a sufficient voucher on settlement with the tax collector of the county.

SEC. 6. The tax herein provided for shall be assessed and collected as other State and county taxes; shall be paid to the treasurer of the county, and paid out by him as ordered by the county court; said tax shall not exceed in any one year one-eighth of one per cent. on the taxable property of the county.

SEC. 7. The overseers of roads, before entering on their duties, shall give bond in double the amount of their salary, conditioned for a faithful performance of their duty, and for all damages on account of failure to keep the roads, bridges and causeways in good repair, to the extent of the means furnished them.

SEC. 8. All road laws heretofore enacted in this State be, and the same are hereby repealed, so far as they conflict with this act. Passed August 4, 1870.

CHAPTER XXXII.

AN ACT PROVIDING FOR THE ISSUANCE AND SALE OF THE BONDS OF THE STATE FOR THE PURPOSE OF MEETING THE APPROPRIATIONS MADE FOR MAINTAINING RANGING COMPANIES ON THE FRONTIER.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That seven hundred and fifty thousand dollars of the bonds of the State of Texas, bearing interest at the rate of seven (7) per cent. per annum, the interest payable semi-annually in gold, on the first day of September and on the first day of March of each year, at such place or places as may be designated by the Governor, with interest coupons attached, are hereby authorized and directed to be issued and sold, at such times and price as will best serve the interest of the State, for the purpose of paying the expense of ranging companies on the frontier.

SEC. 2. That said bonds shall be issued under the direction of the Governor, and shall be redeemable at the pleasure of the State after twenty (20) years, and payable forty (40) years from date.

SEC. 3. That the Governor shall direct the style and denomination of said bonds.

SEC. 4. That there shall be levied each year, with other taxes of the State, an amount sufficient to pay the interest on said bonds as it becomes due, and a sinking fund of two (2) per cent. to pay the principal of said bonds at maturity. The taxes for this purpose shall

be assessed on all property and occupations under the general laws of the State. The proper officers of the State shall cause the interest on said bonds to be paid semi-annually and promptly, as the same becomes due and payable.

SEC. 5. That the Governor of the State is hereby made the agent of the State to sell, dispose of and hypothecate said bonds to the best advantage, and is authorized to employ such agent or agents as he may deem necessary for the sale and disposition of said bonds; and the percentage allowed such agent or agents shall not exceed one (1) per cent.

SEC. 6. That the Governor shall, as soon as said bonds are sold or hypothecated, turn over the proceeds to the State Treasurer; and such money shall be subject to the payment of all claims arising under the appropriations heretofore mentioned, and no other purposes.

SEC. 7. That the State Treasurer is hereby required to invest the sinking fund, as fast as it accrues, in United States interest bearing bonds, or in the bonds issued by the authority of this act, and to re-invest the interest accumulating from such bonds in the same manner, and convert it into a sinking fund; and when the sinking fund has reached the amount of the principal, to sell such United States bonds as may remain on hand for the payment thereof.

SEC. 8. That the Governor shall order the printing of the bonds, and the sum of two thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, to pay the expenses of engraving and printing said bonds; and the plates used in printing said bonds shall be deposited within the vaults of the State Treasury.

SEC. 9. That this act take effect from and after its passage.
Approved August 5, 1870.

CHAPTER XXXIII.

AN ACT MAKING APPROPRIATION TO RE-COVER THE TREASURY

BUILDING.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of fifteen hundred 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, for the purpose of re-covering the treasury building.

SEC. 2. That this act take effect from its passage.
Passed August 5, 1870.

CHAPTER XXXIV.

AN ACT TO AUTHORIZE THE POLICE COURTS OF COUNTIES TO LEVY AND COLLECT A SPECIAL TAX FOR THE REPAIR AND COMPLETION OF PUBLIC BUILDINGS.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That whenever the necessity exists for the repair of the public buildings of any county, the Police Court of such county shall be and is hereby authorized to levy and collect annually a special ad valorem tax upon all property, real, personal and mixed, in said county, not to exceed ten (10) cents upon the hundred dollars, in addition to all general and special taxes now authorized to be levied and collected by law, which tax shall be levied and collected the same as other taxes, and shall be appropriated and paid out solely for the purpose of repairing and completing the public buildings of the county in which such special tax shall be levied and collected.

SEC. 2. This act shall take effect and be in force from and after its passage.

Passed August 5, 1870.

CHAPTER XXXV.

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF COVERING A DEFICIENCY IN THE AMOUNT APPROPRIATED BY THE COMMAND ING GENERAL, FIFTH MILITARY DISTRICT, FOR THE PURPOSE OF HAVING MADE A COPY OF THE LIST OF REGISTERED VOTERS IN THE STATE OF TEXAS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of three thousand six hundred and fifty dollars, or so much thereof as may be necessary, is hereby ap