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CHAPTER 165.

Joint Resolution for the relief of John S. McNairy, of Nashville,

Tennessee.

Section 1. Be it resolved by the Legislature of the State of Texas, That the Comptroller of Public Accounts, on receiving proper evidence of the loss of two several certificates of land scrip, number twelve and sixteen, issued by the government of Texas to Thomas Toby, for six hundred and forty acres.each, and transferred to John S. McNairy, of Nashville, Tennessee, shall issue duplicates of the same to the said McNairy; which certificates, when issued, may be located on any of the unappropriated public domain of Texas.

Sec. 2. Be it further resolved, That this resolution take effect from and after its passage.

Approved, January 18, 1848.

CHAPTER 166.

An Act to authorize the Treasurer and Comptroller to pay over and

deliver to Andrew Northington, assignee of the heirs of Caleb Kemp, the money and papers deposited with them by William J. Maynard, administrator of the estate of said Caleb Kemp.

Section 1. Be it enacted by the Legislature of the State of . Texas, That the Treasurer be and he is hereby authorized and required, to pay to Andrew Northington, the sum of twelve hundred and sixty three dollars and thirty six cents—it being the amount deposited in the Treasury by William J. Maynard, administrator of Caleb Kemp, deceased; and that he take the receipt of said Northington therefor.

Sec. 2. Be it further enacted, That the Comptroller be, and he is hereby authorized and required, to deliver to Andrew Northington the papers and documents relating to the estate of Caleb Kemp, deposited with him by William J. Maynard, administrator of said estate: Provided that the said Andrew Nor

thington shall file in the office of the Comptroller, notarial copies of the assignment, from the heirs of the said Kemp.

Sec. 3. Be it further enacted, That this act shall take effect and be in force from and after its passage.

Approved, January 22, 1848.

CHAPTER 167.

An Act to establish Public Schools in the County of Galveston.

Section 1. Be it enacted by the Legislature of the State of Texas, That the County Court of the County of Galveston, shall, at the time they levy a county tax, add thereto a tax for the support of Public Schools hereby established in said county, on all real and personal property liable to taxation for State and county purposes in said county, and it shall be assessed and collected by the Assessor and Collector of State and County taxes at the same time and in the same manner that the county taxes are; provided, that said tax shall not exceed in any one year, the one fourth of one per centum on the value of the property taxed.

Sec. 2. Be it further enacted, That each Ward in the City of Galveston, shall constitute a School District, and shall be entitled to two School Trustees; and all that part of Galveston Island not embraced within the corporate limits of the City of Galveston, shall constitute a school district, and shall be entitled to two trustees; and all that part of Galveston county lying North and West of Galveston Bay, shall constitute a school district, and be entitled to one trustee; and all that part of Galveston county lying East and North of Galveston Bay, shall constitute a school district, and shall be entitled to one trustee.

Sec. 3. Be it further enacted, That all the qualified electors for county officers for the county of Galveston, shall be entitled to a vote for school trustees in the respective wards or precincts where they reside; and the board of trustees shall be elected for the term of two years, excepting as hereinafter provided, to wit: the first board of school trustees elected in pur

suance of this act, at their first meeting and organization, shall cause the trustees from each ward or precinct having two trustees, to determine by lot the time they shall serve, so that the first class, or one from each ward or precinct shall go out of office at the termination of the first year; and the second class at the termination of the second year; and the Chief Justice of Galveston county shall order all elections for school trustees, and to fill vacancies to take place on the first Monday in the month of March of each year, excepting the first election held under this act, which shall be ordered to take place within twenty days after a certified copy of this act is in the hands of said Chief Justice; and all the trustees elected at the said first election, shall continue in office until their successors are duly elected at the annual election in the year eighteen hundred forty-nine; and said elections for school trustees shall be held at such places in each ward or precinct herein named, as shall be designated by the Chief Justice in ordering the elections, and shall be governed by the laws of the State regulating general elections so far as the same are applicable hereto.

Sec. 4. Be it further enacted, That the Chief Justice of Galveston County, shall be ex-officio President of the Board of School Trustees, and shall preside at all of the meetings of the board when present: but in case of his absence, refusal or inability to preside, the board shall elect from their own number, a President pro tempore, to preside and to perform all other duties incumbent on the President of the Board of school trustees; and in case of any other vacancy in the board, by resignation or otherwise, the board shall fill any such vacancy,

until the next annual election for school trustees from the qualified electors in the ward or precinct where the vacancy occurs.

Sec. 5. Be it further enacted, That the board of school trustees shall have the supervision and control of the public schools, and they shall make such rules and by-laws for their own government, and that of the schools, as they may deem best, and alter and amend the same at their pleasure; and it shall be the duty of the board of school trustees, to report annually to the County Court, at least three days before the time of levying the tax, provided for in the first section of this act, the condition of the public schools; the number of pupils admitted and instructed; the average number that have attended the schools; the number of teachers employed; the various

branches of learning taught in the schools the preceding year; also, the amount of revenue received, and from what source; the amount expended and in what manner; and they shall, also, submit an estimate of the cost of conducting the schools for the ensuing year, on the most economical plan; and it shall also be the duty of the board of school trustees to keep a record of their proceedings; and such record shall be open to the inspection of any school tax payer in the county of Galveston at all times, and any five members of said board of school trustees shall constitute a quorum, and shali have full power to transact all business appertaining to said board.

Sec. 6. Be it further enacted, That the Trustees of the public schools shall establish in each ward or precinct at least one primary school, provided, that there can be assembled conveniently in said ward or precinct a school of twenty-five pupils or upwards, and that a suitable building can be procured in the ward or precinct, for their accommodation; and further provided, that in case either of the precincts lying North and West of Galveston Bay, and East and North of Galveston Bay, as specified in section second of this act, shall fail or refuse to assemble the number of pupils herein required to constitute a school, then said precinct or precincts shall be exempt from taxation under the provisions of this act.

Sec. 17. Be it rther enacted, That every minor or child over fire years

of

age, and under sixteen years of age residing in Galveston county, may be admitted on such terms and regulations as may be adopted by the board of school trustees, into the public schools herein provided for, and shall enjoy all the privileges and immunities of said schools.

Sec. 8. Be it further enacted, That the County Court for the county of Galveston, may, from time to time, so alter and change the school districts in said county as they may deem best, provided, that said change shall tend to equalize the population in each district, and render it more convenient for the citizens, and that no greater number of districts be made than are provided for by this act; and said County Court shall also have power to borrow money in anticipation of the school tares for the current year, to carry on the schools until the taxes are assessed and collected; and it shall be the further duty of the County ('out to notify the board of school trustees, so soon as they have levied the tax for the support of the public schools for the year, of the amount of revenue that may rea

same.

sonably be expected from said tax; and it shall also be the duty of the County Court to see that all funds belonging to, and appropriated for the support of the public schools, and placed in the hands of the County Treasurer of Galveston County; and it shall be the duty of said County Court to take ample security for the

Sec. 9. Be it further enacted, That all payments to teachers, and for incidental expenses of said schools, shall be made by a draft on the County Treasurer, signed by the President of the board of school trustees, and countersigned by one or more of the committee of accounts, which committee shall be erected as a standing committee, whose duty it shall be to examine and audit all accounts, and every draft shall be accompanied by a specification, designating what the same was drawn for.

Sec. 10. Be it further enacted, That at the same time when the first election is held for school trustees as contemplated and provided for in the third section of this act, polls shall also be held at which every qualified voter for county officers for Galveston county shall by vote, be permitted to express his assent to, or dissent from the provisions of this act; and in case a majority of the votes then given in, shall be against the same, this act shall thereafter be of no effect.

Sec. 11. Be it further enacted, That all laws, and parts of laws, that in any way conflict with the provisions of this act be, and the same are hereby repealed, and that this act take effect from and after its passage.

Passed, January 24, 1848.

CHAPTER 168.

Joint Resolution to provide for a settlement of the claims of E. W.

Moore, Post Captain commanding the late Navy of Texas, on account of cash advances made for the use of said Navy.

Whereas, it appears upon a settlement of the accounts of E. W. Moore, Post Captain commanding the late Texas Navy, that there is a balance due said E. W. Moore, of eleven thousand

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