the Navasoto; thence, down said river to the line of Brazos county; and thence, with said line to the place of beginning on the Brazos River.

SEC. 2. Be it further enacted, That this act take effect and be in force from and after its passage. Approved, 11th April, A. D. 1846.

AN ACT

To prescribe the manner of organizing the House of Representatives of the Legislature of the State of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That it shall be the duty of the Secretary of State to organize the House of Representatives at the next, and each subsequent meeting of the Legislature, until otherwise provided by law; for which purpose he shall attend at the time and place designated for the meeting of the Legislature, and after appointing a clerk (who shall have been chief clerk of the House the preceding session, if he be present,) to take a minute of the proceedings, he shall have all of the counties of the State called over in alphabetical order, and as the members elect appear and present their credentials, it shall be his duty, or the duty of the clerk under his order and direction, to administer to each the oath prescribed by the Constitution.

SEC. 2. Be it further enacted, That should returns of election in any county or counties for members of the Legislature not be made to the office of Secretary of State, the clerk shall nevertheless call said county or counties, and if any person or persons appear at said call and present the proper evidence of his or their election, he or they shall be admitted or qualified in the same manner as though a return of his or their election had been made to the office of Secretary of State. SEC. 3. Be it further enacted, That should there

not be a quorum in attendance on the day appointed for the meeting of the Legislature, it shall be the duty of the Secretary of State and clerk, to attend from day to day until a quorum shall appear and be qualified as above.

SEC. 4. Be it further enacted, That when a quorum shall have appeared and been qualified, the House shall proceed to the election of a Speaker, unless a majority of the members present shall think proper to defer said election.

SEC. 5. Be it further enacted, That when an election for Speaker shall have been had, the Speaker elect shall immediately take the chair and the House proceed to its further organization by electing the necessary officers, to whom the Speaker shall administer the oath of office.

SEC. 6. Be it further enacted, That should there be no Secretary of State, or in case he be absent or unable to attend, from any cause, the Attorney General shall attend and perform the duties prescribed by this act.

Approved, 11th April, A. D. 1846.

AN ACT

To provide for the enumeration of the inhabitants of the State of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the assessor of direct taxes of each county in this State, shall at the time they assess the taxes in the year eighteen hundred and forty-seven, take an enumeration of the inhabitants of the State as follows, to wit: In the first column the number of qualified electors, in the second column all the white males over the age of eighteen years and under forty-five, in the third column all the white males under the age of eighteen years, in the fourth column all the white males over forty-five years of age, in the fifth

column all the white females, in the sixth column all the slaves, in the seventh column all free persons of color.

SEC. 2. Be it further enacted, That the assessors shall make out duplicate returns, one of which shall, on or before the second Monday in December, be filed by them in their repective county clerk's office; and one transmitted by mail or otherwise, to the seat of Government, directed to the Secretary of State.

SEC. 3. Be it further enacted, That the several assessors shall each receive three cents for each white inhabitant residing in the country, and two cents for each white inhabitant in a town or city, and one cent for each slave or free person of color.

SEC. 4. Be it further enacted, That the said assessors shall each take an oath before some competent authority to promptly and faithfully discharge the duties required of them in this act agreeably to the best of their abilities.

SEC. 5. Be it further enacted, That the assessors shall severally give bond and approved security to the chief justice of their respective counties, and their successors in office, in the sum of five hundred dollars, to be void conditioned that they faithfully discharge the duties required of them in this act, otherwise not.

Approved, 11th April, A. D. 1846.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That from and after the passage of this act all that portion of the territory now included within the county of Nacogdoches, within the following limits, to wit: Beginning at a point on the Neches River due west from the south-west corner of the Neches Saline survey; thence, east,

with the southern boundary line of said saline survey, to the south-east corner thereof; thence, due east, to the western boundary line of Rusk county; thence, south, along said county line, to the south-west corner thereof; thence, east, along the southern boundary line of said county, to the Angelina River; thence, south, down the said river with its meanderings, to the lower end of Juan Cruz's survey of an island in said Angelina River, to a point opposite said lower end of said island on the west bank of said river; thence, running south, fifty degrees west, to the Neches River; thence, north, up said river with its meanderings, to the beginning, 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 Cherokee county.

SEC. 3. Be it further enacted, That Elisha Mosley, John H. Irby, Col. Park,

Keelo, William Roark, W. Y. Lacy, Samuel Box and William Box, be, and they are hereby constituted commissioners, who, or a majority of whom, shall proceed to establish the lines of said county, as herein described and to plainly mark the corners and dry lines of the same.

SEC. 4. Be it further enacted, That the said commissioners, or a majority of them, shall proceed to ascertain the centre of said county as nearly as may be, and locate the county site thereon, or at some point within three miles of said centre, if they can find an elevated and well watered site within that distance.

SEC. 5. Be it further enacted, That should the said commissioners not be able to find a suitable place at or within three miles of the centre, they may establish the same at the best point within five miles of the said centre.

SEC. 6. Be it further enacted, That the said county site of Cherokee county, shall be styled Rusk.

SEC. 7. Be it further enacted, That the said commissioners shall have the right to purchase at a fair cash valuation, or receive by donation, three

hundred acres of land, including the said county site, or should the owner or owners of such lands refuse to sell or donate the said lands, the commissioners shall condemn one hundred acres including the said county site, they giving a just compensation therefor, and proceed to lay the same off into town lots, reserving a lot for the court house, jail, and such other public buildings as they may deem best for the interest of the county, and sell the others to the highest bidder on such time as the said commissioners may determine, the proceeds of which sale, shall be applied to public buildings for the use of said county.

SEC. 8. Be it further enacted, That the said commissioners shall select from among themselves a presiding officer, who when so elected shall have power to convene the said other commissioners to transact any business required of them in this act, a majority of whom in all cases may act.

SEC. 9. Be it further enacted, That the said commissioners, before they enter upon the several duties herein required, shall take an oath to faithfully and impartially discharge their duties as commissioners of the county of Cherokee, before some acting justice of the peace.

SEC. 10. Be it further enacted, That the citizens of the county of Cherokee, are hereby entitled to the same officers and courts as those of other counties in this State, except that of separate representation and the right of having a separate land district.

SEC. 11. Be it further enacted, That this act take effect and be in force from and after its passage. Approved, 11th April, A. D. 1846.

AN ACT

To incorporate the Huntsville Academy.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the present trustees of