AN ACT To establish the County of Walker. SECTION 1. Be it enacted by the Legislature of the State of Texas, That a new county be established to be known and distinguished by the name of Walker, the boundaries of which shall be as follows: Beginning at Robbins' ferry on the Trinity, where the San Antonio road crosses the same; thence, with the said road to the northeast corner of a survey of land in the name of L. G. Clepper; thence, in a straight line to the South Bedai Creek, to a point where the La Bahia road crosses the same; thence, in a straight line to the north-west corner of a survey of two-thirds of a league of land in the name of J. H. Collard; thence, in a straight line to a point on San Jacinto River, three miles below the mouth of East Sandy Creek; thence, east to the line of a new county to be called Polk; thence, with the lines of said county to the Trinity River; thence, up the middle of said river to the place of beginning. SEC. 2. Be it further enacted, That the said county of Walker shall in all respects be placed upon the same footing as the other counties of this State, and the citizens thereof shall enjoy all the privileges and immunities as the citizens of other counties of the State except as to the right of separate representation, but shall remain as it now is until otherwise provided by law: Provided, also that said county shall be under the same restrictions as to separate land district and surveyor, that regulate the same in other new counties of this State. SEC. 3. Be it further enacted, That the county seat of said county of Walker shall be located within the incorporated limits of the town of Huntsville, and the commissioner's court at its D first term is hereby required to appoint five commissioners, a majority of whom may act, who shall procure a deed or deeds to so much land as they may deem necessary for the erection of a court house and jail, which said deed or deeds shall be 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 procured without cost the court house may be located there; and, provided further, that the court [county] shall in no event be compelled to pay for any lands so to be conveyed for the purposes above. SEC. 4. Be it further enacted, That the county of Walker shall pay its proportionate share of the debt due by the county of Montgomery, to be détermined by the county court of Montgomery county and the county court of Walker county, to be paid to the parties who may hold such apportioned debt, in the manner in which said county courts may determine. SEC. 5. Be it further enacted, That this act take effect and be in force from and after its passage. Approved, April 6th, A. D. 1846. AN ACT To authorize the commissioners of the General Land Office to issue patents in cases where land scrip has been located in two surveys. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the commissioner of the General Land Office, be, and he is hereby authorized and required to issue patents to the legal owners of land scrip in all cases where the same has been located in two surveys, where the same is bounded by other surveys: Provided, that in every case the patentee shall pay for one of the patents and one of the surveys, SEC. 2. Be it further enacted, That this act take effect from and after its passage. Approved, 7th April, A. D. 1846. AN ACT To prohibit individuals from issuing bills, checks, promissory notes or other paper to circulate as money. SECTION 1. Be it enacted by the Legislature of the State of Texas, That from and after the passage of this act no person or persons within this State shall issue any bill, promissory note, check or other paper to circulate as money in the same. SEC. 2. Be it further enacted, That every person who may violate this act shall be subject to indictment therefor, by a grand jury, as for a misdemeanor, at any time within twelve calendar months after so offending, and shall be subject to a fine of not less than ten dollars nor more than fifty dollars for each and every bill, promissory note, check or other paper by them issued in violation of the first section of this act. Approved, 7th April, A. D. 1846. AN ACT To incorporate the Grand Lodge of the Independent Order of Odd Fellows of the State of Texas. SECTION 1. Be it enacted by the Legislature of the State of Texas, That Jacob De Cordova, Law rence P. Sundberg, John Fitzgerald, James G. Claude, Andrew Kaufman, Isadore Dyer, James M. Conrad, William M. Carper, William William son, Jacob K. Beaumont, John Armstrong and B. H. Pollock, the present officers, representatives and members of the Grand Lodge of the State of Texas of the Independent Order of Odd Fellows and their successors, be, and they are hereby declared to be a community, corporation and body politic, by the name, style and title aforesaid, and by that name they and their successors shall and may at all times hereafter be capable in law, to have, receive and retain to them and their successors property real and personal; also, devises and bequests of any person or persons, bodies corporate or politic capable of making the same, and the same at their pleasure to transfer or dispose of, in such manner as they may think proper: Provided, always, that the said corporation or body politie shall not at any time hold or possess property, real, personal or mixed, exceeding in value the sum of twenty thousand dollars, nor more than five acres of land: Provided, however, that if any real estate shall accrue to said corporation by donation or otherwise, they shall be allowed the term of one year to sell or dispose of the same. SEC. 2. Be it further enacted, That the said corporation and their successors, by the name, style and title aforesaid, shall be forever thereafter capable in law, to sue and be sued, plead and be impleaded, answer and be answered unto, defend and be defended in all or any courts of justice, and before all or any judge, officers and persons whatsoever, in all and singular, actions, matters and demand whatsoever. SEC. 3. Be it further enacted, That it shall and may be lawful for the said corporation to have a common seal for their use, and the same at their will and pleasure to change, alter and make anew from time to time as they may think best, and shall in general, have and exercise all such rights, privileges and immunities, as by law are incident or necessary to such corporations, and what may be necessary to the corporation herein constituted. SEC. 4. Be it further enacted, That this act shall take effect and be in force from and after its passage. Approved, April 8th, A. D. 1846. AN ACT Creating the County of Smith. SECTION 1. Be it enacted by the Legislature of the State of Texas, That from and after the passage of this act, all 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 of said survey, to the southeast corner thereof; thence, due east to the western boundary line of Rusk county; thence, north, with said western boundary of said county of Rusk, to the north-west corner thereof; thence, up the Sabine River, with its meanderings, to a point thirtysix miles on a direct line from the corner of said Rusk county, on the Sabine River; thence, due south to the Cherokee boundary line; thence, south, with said line, to the Neches River; thence, down said river, with its meanderings, to the beginning, to be, and the same is hereby constituted a county. SEC. 2. Be it further enacted, That the above described county shall be known and styled by the name of Smith. SEC. 3. Be it further enacted, That William B. Duncan, James Hill, Elisha Lott, John Lawler, -Dewberry, be, and they are hereby appointed and constituted commissioners, who, or a majority of whom, shall proceed to run the lines as herein described, and to plainly mark the dry lines of the same, and also mark the several corners of said county. SEC. 4. Be it further enacted, That the said |