under said name, may sue and be sued, plead and be impleaded, defend and be defended in all courts whatsoever in this State, and make contracts and be contracted with, and may have and use a common seal, and do all other acts, and have all rights and privileges heretofore granted said company under the name and style of the "Home Insurance and Trust Company of Texas," and shall be bound by all the obligations and contracts existing, in like manner as though said name had not been changed as herein provided; and shall in like manner be liable for every debt due, demand and claim under the new, as the former

name.

SEC. 2. That at all annual elections for the board of general directors, the board shall appoint two members of the board of general directors, and two of the stockholders of the company to preside at and manage said election.

SEC. 3. That the vice-president shall serve for the time he was elected a director, and in case of the death, permanent absence or refusal to act of the president, he shall preside at all meetings of the board, and conduct the business of the company generally, under their supervision, until a president is duly elected and qualified.

SEC. 4. That section sixteenth be amended to read as follows: SEC. 16. That the entire property and assets of the principal and all agencies shall be alike liable for all losses incurred by each in every district. All policies shall issue from, and all losses be adjusted and paid at the principal office in Galveston county, by advice of and concurrence with the local board of trustees of the district in which the loss occurs. On the first day of every month, every board of trustees shall, through their proper officers, make a return to the secretary of the principal office in Galveston county, of the exact condition of their agency at that date, with remittances.

SEC. 5. That section 18 be amended to read as follows: SEC. 18. That annually, on the first day of January, the general board of directors shall make a statement of the exact condition of the company, inclusive of all agencies, which statement shall be sworn to by the president, cashier and secretary, and published not less than three times in two daily papers in Galveston; and should such statement show a sufficient net surplus from the business of the previous twelve months, after placing such a sum to the reserve fund as the existing

liabilities may demand, the board of general directors may declare a dividend of all surplus funds on the entire stock certificates; provided, that no dividend shall be paid to the stockholders exceeding twenty per centum. per annum.. SEC. 6. That section 19 be amended to read as follows: SEC. 19. That all losses shall be paid out of the earnings of the company, and should they be insufficent, then out of the capital stock.

SEC. 7. That this act shall take effect and be in force. from and after its passage. Approved April 23d, 1873.

CHAPTER XCVI.

An Act to authorize Thomas M. Cain and W. J. Agee to construct a Toll Bridge across Sabine River.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That Thomas M. Cain and W. J. Agee be, and they are hereby authorized to construct a toll' bridge across Sabine river at or near the old Tanner crossing on the county line, between Van Zandt and Raines counties.

SEC. 2. That it shall be the duty of the said Cain and Agee, within three months from the passage of this act, to have constructed a good and substantial bridge, and in good condition for the crossing of the traveling community, for wagons, carriages, vehicles and horses, oxen, cattle and stock of all di[e]scription.

SEC. 3. That it shall be the duty of the said Cain and Agee, within six months from the passage of this act, to have all the sloughs bridged, and the bottom so leveed and causewayed that it will be a good and substantial road through the bottom at said Tanner crossing; and on the completion of said bridge and causeways, the said Thomas M. Cain and W. J. Agee, their agents or successors, be authorized and empowered to charge, receive and collect toll for crossing said bridge, at the following rates, to-wit: For every footman, five cents; for every vehicle and two animals, thirty-five cents; for a four horse or ox wagon, fifty cents; for a horse and buggy, twenty-five

cents; for other vehicle, and a horse or mule or ox, twenty-five cents; for man and horse, ten cents; for loose horse or ox, five cents; for six horse, mule or ox wagon, sixty cents; for each additional animal, five cents; for hogs, sheep and goats, each, two cents; for cattle in drove, when crossed on bridge, each three cents. SEC. 4. That the right and privilege herein_granted shall inure to the said Thomas M. Cain and W. J. Agee, their heirs and assigns, for fifteen years; provided, however, that the parties who have this privilege shall be subject to the general laws of the State regulating bridges and ferries, which are or may hereafter be enacted.

SEC. 5. That no bridge or ferry shall be permitted or allowed to be constructed to collect toll, or be vested with the right so to do, within three miles above or below said bridge; and that if the said bridge or causeway be out of order at any time for a term of three months, this charter shall be forfeited.

SEC. 6. That this act shall take effect and be in force from and after its passage.

Passed April 24th, 1873.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the twenty-fifth day of April, A. D. 1873, and was not signed by him, or returned 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 XCVII.

An Act for the Relief of the Heirs of William Garnett, deceased.

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 to the heirs of William Garnett, deceased, a bounty land warrant for nineteen hundred and twenty acres, and a donation warrant for six hundred and forty

acres of land, by reason of said Garnett's having fallen with Travis, at the Alamo; which may be located and patented, as other valid land certificates.

SEC. 2. That the Commissioner of the General Land Office is hereby authorized and required, on the application of the heirs of said William Garnett, deceased, to cancel the headright grant of one-quarter league issued to said William Garnett on the 17th day of March, 1834, because of the conflict thereof with an older grant, and to issue to said heirs a certificate for one-quarter league in lieu thereof, which may be located and patented as other land certificates.

SEC. 3. That this act take effect from and after its passage.

Passed April 26th, 1873.

[NOTE--The foregoing act was presented to the Governor of Texas for his approval on the thirtieth day of April, A. D. 1873, and was not signed by him, or returned 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 XCVIII.

An Act to authorize the County Court of Upshur County to issue interest bearing bonds to finish paying for the building of the Court House of said County, and to levy and collect a tax to pay the same.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the County Court of Upshur county be and the same is hereby authorized to issue the bonds of said county to the amount of five thousand dollars, in such amounts as said court may deem proper, payable twelve months after date, and bearing ten per centum interest per annum, signed by the presiding justice of said county, with the seal of the County Court thereon impressed; said bonds to be used by said court in the payment of the balance due for building the court house of said county, in such manner and on such terms as said court may determine.

SEC. 2. That the County Court of said county of Upshur shall levy, for the year A. D. 1873, on the taxable property within said county, an additional tax, not to exceed one-fourth of one per centum on the value of said property, which tax shall be assessed and collected at the same time and in the same manner as other taxes.

SEC. 3. That the taxes authorized to be levied and collected by section two of this act, when collected, shall be paid over to the county treasurer of said county, and shall be applied by him to the payment of said bonds, and to no other purpose, until said bonds are all of them paid; and if any of said tax shall remain in the hands of said treasurerer, after the payment of said bonds, the same shall be subject to the control of said County Court. SEC. 4. That this act take effect and be in force from and after its passage.

Passed April 26th, 1873.

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

An Act to authorize James P. Dumas, and such other persons as he may associate with him, and their successors, to construct, own and keep a Toll Bridge on, over and across Choctaw Bayou, in Grayson County, Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That James P. Dumas, and such other persons as he may associate with him, and his or their successors, be and they are hereby authorized and empowered to construct, own and keep a toll bridge on, Over and across the stream known as Choctaw Bayou, in Grayson county, Texas, at the crossing known as the McIntyre crossing" on said bayou, which is on the road leading from Preston, by way of Denison City, in said

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