Sec. 3. That whenever a vacancy shall happen in either of said offices during the recess of the Senate, the Governor shall have power to make an appointment to fill such vacancy, and the person so appointed shall continue to perform the duties of his office until a successor is appointed and qualified in the manner provided for original appointments.

Sec. 4. That the said Pilots shall be entitled to three dollars for each foot of water that any vessel may draw at the time of piloting the same, and whenever a vessel shall decline the service of a Pilot offered outside the bar and shall enter said river without the aid of one, the Pilot who first so offered his services, shall be entitled to one half of the above amount, and any vessel which after being brought in by a Pilot shall go out without employing one shall be liable to the payment of half pilotage to the pilot who brought her in: provided, however, that all vessels of thirty tous burthen and under shall be free from any charge for pilotage unless for actual service.

Sec. 5. That the consignees of any vessel shall be held liable and responsible for the pilotage of said vessel.

Sec. 6. That if any person not appointed a Pilot or deputy Pilot, shall pilot any ship or vessel out of, or into said river when a Pilot or deputy Pilot has offered such service, the person so piloting shall be liable to pay to the Pilot or deputy Pilot who offered such service full pilotage for such vessel, to be recovered by suit before any Justice of the Peace, of the county.

Sec. 7. That each Pilot appointed under the provisions of this act may by writing under his hand appoint a deputy Pilot to discharge his duties, but he shall be responsible for all official acts of such deputy in like manner as if such acts were done by himself.

Approved, March 18, 1848.

CHAPTER 116.

An Act supplementary to an act entitled "an act to establish the Judicial Districts of the District Courts."

Section 1. Be it enacted by the Legislature of the State of Texas, That so much of the act to which this is a supplement,

as relates to the ninth Judicial District, take effect and be in force from and after the passage of this act, and that this act be in force from and after its passage.

Approved, March 18, 1848.

CHAPTER 117.

An Act to change the name of Ralph William Peacock to John Bowen.

Whereas, Ralph William Peacock, a native of Philadelphia, in the State of Pennsylvania, at present a citizen of San Antonio, Bexar county, in the State of Texas, is testamentary heir by the will of his half brother John Bowen, deceased, to "Bowen Hall Estate," in the Island of Jamaica, under certain conditions, whereby it is necessary that the name of said R. W. Peacock, be changed to John Bowen; Therefore,

Section 1. Be it enacted by the Legislature of the State of Texas, That the name of Ralph William Peacock, be and is hereby changed to John Bowen.

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

Approved, March 18, 1848.

CHAPTER 118.

An Act to secure to the Colonists of Fisher and Miller's Colony the lands to which they may be entitled.

Section 1. Be it enacted by the Legislature of the State of Texas, That every colonist, or the heirs or administrators of such colonists introduced into Texas by the German emigration Company, under and by virtue of the colonization contract of Henry F. Fisher and Burchard Miller with the President of

the late Republic of Texas, shall receive the quantity of land to which such colonist may be entitled, to wit: six hundred and forty acres for each head of a family; and three hundred and twenty for each single man over the age of seventeen years; provided that nothing contained in this bill shall be construed to place the contractors of said Colony in a better condition with regard to the State of Texas than they would be in if this bill had not been passed.

Sec. 2. That the Governor of this State shall appoint a Commissioner, whose duty it shall be to hear proof and determine what colonists have been introduced into Texas by said company, in virtue of said colonization contract, and said Commissioner shall issue to the parties entitled to the same, or the heirs or administrators of such parties, a certificate for their proper quantity of land; which certificate shall contain the condition that, before patent can issue on the same, the grantee of such certificate shall, within two years from the date thereof, settle within the limits of the colony of the said Fisher and Miller; and when said condition is complied with, the party shall be entitled to patent for his land in such manner as may hereafter be provided by law.

Sec. 3. That the grantees of certificates issued in conformity with this act shall select their land in manner herein set forth, to wit: the party in interest shall designate to the Commissioner issuing the certificate as aforesaid, the tract of land such party may wish within the colony grant, as defined by the said colonization contract; and the Commissioner shall attach to the certificate a description of the section thus selected; provided that in the selection of the lands regard must be had to the provisions of the aforesaid colonization contract in reference to the alternate sections.

Sec. 4. That it shall be the duty of the District Surveyor of Bexar District to furnish the Commissioner of the General Land Office with a map of all surveys within the aforesaid colony limits; and the Commissioner of the General Land Office shall furnish a similar map to the Commissioner appointed by virtue of this act; and upon these maps the land selected as provided in the preceding section shall be noted.

Sec. 5. That it shall be the duty of the Commissioner appointed in virtue of this act to send to the Commissioner of the General Land Office, a monthly list, under oath, containing a description of certificates issued in compliance with this act:

and he shall also keep a record in a well bound book, showing the quantity of land for which each certificate issued, the names of the parties obtaining the same, and the names of the witnesses who made the proof; and said Commissioner shall deposit said record book in the General Land Office at the expiration of the time limited in this act for granting certificates.

Sec. 6. That to entitle any colonist to the benefits of this act, such colonist shall take the following oath; "I, (A. B.) do solemnly swear that I was introduced into Texas by the German emigration company in virtue of the colonization contract of Fisher and Miller with the President of the late Republic of Texas, and before the first day of September, A. D. 1847;" and shall also prove the facts in said affidavit by at least two disinterested witnesses; and in case the applicants be heirs or administrators, they shall not be required to take the aforesaid affidavit, but shall be obliged to prove by two witnesses that the colonist whom they represent had emigrated to Texas in manner and within the time set forth in the foregoing affidavit.

Sec. 7. That the colonist, their heirs or administrators, are hereby allowed one year from the first day of May next, and no longer, in which to obtain their certificates in accordance with this act.

Sec. S. That the Commissioner appointed by virtue of this act, before he enters on the duties of his office shall give bond in the sum of twenty thousand dollars with security to be approved by the District Judge of the second Judicial District; which bond shall be drawn in favor of the Governor of the State and his successors in office, and shall be conditioned that the Commissioner shall faithfully and impartially discharge the duties imposed on him by this act; and shall also take an affidavit faithfully and impartially to discharge the duties which this act imposes on him, to the best of his skill and ability; which affidavit shall be endorsed on the said bond, and with the same shall be deposited in the office of the Secretary of State.

Sec. 9. That certificates issued in conformity with this act, and locations made in virtue of the same, shall be subject to the inspection and approval of the Attorney General, and shall have no force in law unless by him approved.

Sec. 10. That the Commissioner appointed in compliance with this act, shall receive two dollars for each certificate is

sued, to be paid by the party receiving the same; and said Commissioner shall do and transact the business and duties required of him at the town of Fredericksburg in the county of Gillespie, and in the City of New Braunfels, Comal County.

Sec. 11. That this act take effect and be in force from and after the first day of May, A. D. 1848.

Passed, March 20, 1848.

CHAPTER 119.

An Act to create the County of Van Zandt..

Section 1. Be it enacted by the Legislature of the State of Texas, That all the territory heretofore comprised within the County of Henderson, and not now comprised within the limits of the counties of Henderson and Kaufman, be, and the same is hereby constituted and made a new county to be called Van Zandt.

Sec. 2. Be it further enacted. That said county shall be organized in conformity with an act for the organization of the several counties in the State, approved 11th April, A. D. 1846.

Sec. 3. Be it further enacted, That Jordan's Saline in said county shall be the county seat of said county, until otherwise provided for by law; and that this act take effect from and after its passage. Approved, March 20, 1848.

CHAPTER 120.

Joint Resolution, Whereas it is believed that John C. Watrous. Judge of the United States District Court for the District of Texas, has while seeking that important position, given. legal opinions in causes and questions to be litigated hereafter, in which the interests of individuals and of the