and that this act shall take effect and be in force from and

after its passage.

Approved March 8th, 1873.

CHAPTER XXI.

An Act to amend "An Act amendatory of and supplementary to an Act to Incorporate the City of Dallas," approved April 20th, 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section twelve of the above recited act be, and is hereby amended so as to read as follows: SEC. 12. That every male citizen of said city, who shall have resided therein sixty days next preceding an election, being a citizen of the United States, and a legal voter in the State of Texas, shall be entitled to vote at all elections under this charter; but each voter shall vote only in the ward wherein is his domicil[e], or in which, having no fixed domicil[e], he lodges.

SEC. 2. That this act shall take effect and be in force. from and after its passage. Approved March 10th, 1873.

CHAPTER XXII.

Supplement to an act entitled "An Act to Incorporate the Western Nar-row Guage Railway."

SECTION 1. Be it enacted by the Legislature of the State of Texas, That an extension of twelve months from the passage of this supplement, be extended to the "Western Narrow Guage Railway Company," for completing the various sections of the road.

SEC. 2. That this act take effect and be in force from and after its passage.

Passed March 11th, 1873.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval, on the thirteenth day of March, A. D. 1873, and was not signed by him, or re

turned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.—JAMES P. NEWCOMB, Secretary of State.]

CHAPTER XXIII.

An Act to Incorporate the Excelsior College, in Bastrop County.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That for the management and control of an institution of learning, located in the town of Bastrop, in Bastrop county, to be styled "The Excelsior College, G. W. Jones, C. B. Garwood, D. W. Jones, A. J. Batts, J. P. Fowler, H. H. Starckie, C. Erhard and C. Taylor are hereby constituted a board of trustees for said college, and that they, and their successors in office, are made a body corporate, capable in law of suing and being sued, holding and alienating property, real or personal.

SEC. 2. That said board of trustees shall have succession, may have a common seal, may hold property to the amount of one hundred thousand dollars, may establish a course of stuties, employ teachers, grant diplomas or certificates of scholarship, and do all other things necessary and incident to the maintainance and promotion of good morals and sound learning, not inconsistent with the Constitution and laws of the United States and of this State.

SEC. 3. Said board of trustees shall be elected annually by the stockholders of said college, at such times and under such regulations as may be prescribed by said stockholders.

SEC. 4.

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

Approved March 13th, 1873.

CHAPTER XXIV.

An Act to prohibit the sale of Intoxicating or Spirituous Liquors in the vicinity of Red Rock, in the County of Bastrop.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That it shall be unlawful for any person or persons to sell intoxicating liquors within two miles of Red Rock Male and Female Academy, situated at the town of Red Rock, in Bastrop county, except for medicinal or sacramental purposes.

SEC. 2. That any person or persons violating the provisions of the preceding section of this act, shall, upon conviction, be fined in a sum not to exceed twenty-five dollars for every such offense.

SEC. 3. That this act take effect and be in force sixty days from and after its passage. Approved March 14th, 1873.

CHAPTER XXV.

An Act to Incorporate Rusk Masonic Institute, located in Rusk, Cherokee County, Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That an institution of learning, heretofore located and now in operation at Rusk, in Cherokee county, Texas, be and the same is hereby incorporated by the name of Rusk Masonic Institute; and R. H. Guinn, C. C. Francis, J. T. Wiggins, J. J. Mallard, Thomas E. Hogg, T. L. Philles, M. H. Bonner, and their successors in office, are hereby constituted a body corporate and politic, under the name and style of "The Trustees of Rusk Masonic Institute," to have charge of the interests of said institution; by which name they shall have succession, and be capable, in law, to sue and be sued; to plead and be impleaded; to contract and be contracted with; to enact by-laws, rules and regulations; to manage and control all property acquired and set apart for school purposes by Cherokee Chapter No. 11, Royal Arch Masons, and Euclid Lodge No. 45, Free and Accepted

Masons, as trustees of the said bodies; and generally, to do and perform whatever, in the opinion of said board, will advance the interests of said institution, without being inconsistent with the provisions of this charter, or with the laws of the land.

SEC. 2. That the present board of trustees shall hold their office until the first day of July, 1873, or until their successors are appointed and qualified; and annually thereafter, at the stated meetings of said chapter and lodge in May, or as soon thereafter as practicable, seven trustees shall be appointed by said bodies; three by said chapter and three by said lodge, and one by the joint action of the two bodies, who shall enter upon the discharge of the duties of their office on the first day of July following, and hold their office for one year, and until their successors are appointed and qualified. In case of a vacancy in the board, occurring by death, resignation or otherwise, the vacancy shall be filled by the body making the appointment.

SEC. 3. That the board of trustees shall have a common seal for the transaction of its business, which shall be in the custody of the secretary of the board; and the board shall have the direct control over the management of the said institute, but the said chapter and lodge shall have a general advisory supervision of the same; and said board shall, once in each year, and oftener if required, report to said bodies the condition of said institute, with such details as may be necessary to understand its working and prospects.

SEC. 4. That the faculty of said institute shall consist of a superintendent and such professors and tutors as the board of trustees may deem necessary, who shall be appointed, and may be removed, and whose salaries shall be fixed by the board of trustees.

SEC. 5. The said institute shall consist of both male and female departments, and such other departments as the board of trustees may, from time to time, deem proper.

SEC. 6. That the board of trustrees shall elect from its own number a chairman, secretary and treasurer, who shall hold their offices for such time, and shall respectively perform such duties, and be subject to such orders, rules, restrictions and obligations as may be prescribed by the board; but all contracts and obligations shall have

the sanction of the board, and shall be signed by the chairman, and attested by the secretary, with the seal of the board affixed; or by the agents of the board, regularly appointed, and thereto duly authorized.

SEC. 7. That the board of trustees shall meet on its own adjournment, but meetings may be called by the chairman, with the concurrence of one other member thereof. or by two members of the faculty. A majority of the board shall constitute a quorum for the transaction of all business, except the election or removal of a member of the faculty, which election or removal shall require the vote of at least five of the members. The meetings of said board shall be held at the institute, or at such other place in the town of Rusk as a majority of the members of the board may elect.

SEC. 8. That the board of trustees shall have power tosuspend or expel any of its members for grossly immoral or disreputable conduct, or for continued and willful neglect of the duties incident to his position; to do this, however, it shall require a two-thirds vote of the membersof the entire board, and the reasons for such action shall be entered in full upon the minutes of the board.

SEC. 9. That the board of trustees, acting in conjunction with the faculty, shall have power to confer such degrees upon graduating students, and upon other deserving persons, as are usually conferred by institutions of learning of like grade, and to give diplomas or certificatesthereof, in such form as they may deem proper.

SEC. 10. The property set apart by said chapter and lodge for the benefit of said institute, is hereby declared to be exempt from both State and county taxation, as long as it is used exclusively for educational purposes.

SEC. 11. This act of incorporation, and this charter for said institute, shall remain in full force and effect until said trustees, or their successors, shall neglect or refuse to maintain, in said institute, a school organization during the usual scholastic months of any year; provided, that the said chapter and lodge, in case of a lapse of this charter, or the failure of the trustees to maintain a school as above, shall have power to revive the same by reorganizing the board under the provisions of this charter.

SEC. 12. That nothing in the foregoing provisions of this charter shall prevent the said chapter and lodge from withdrawing from the control of the said board of trustees