of said city, or any justice of the peace in Washington county, shall be immediately removed from office, and in addition to removal, may be fined not less than twentyfive nor exceeding one hundred dollars for each and every offense.

ARTICLE XXIII.

SECTION 1. That from and after the passage of this act, all acts heretofore granting charters to and incorporating said city of Brenham be and are hereby repealed.

ARTICLE XXIV.

SECTION 1. This act shall be deemed a public act, and may be read in evidence, without proof, and judicial notice shall be taken thereof in all courts and places. And this act shall take effect and be in full force from and after its passage.

Approved February 4th, 1873.

CHAPTER III.

An Act to amend an Act entitled "An Act to incorporate the City of Tyler, and to provide for the administration of its Municipal Affairs," approved April 26th, 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section five of an act entitled "An act to incorporate the city of Tyler, and to provide for the administration of its municipal affairs," approved April 26th, 1871, be so amended that it shall read as follows, to wit: That there shall be held, within said city, by the qualified electors thereof, on the second Tuesday in March next, and annually thereafter, an election for the officers named in section four of this act; said election, after the first one herein provided for, shall be ordered by the city council or mayor.

SEC. 2. That George Yarbrough, W. H. Pate, G. W. Humphrey, A. F. Hunt and H. G. Askew, or any two of them, are appointed managers to hold the election herein provided for, on the second Tuesday in March next; and

for the purpose of holding all subsequent elections, the city council shall appoint managers; and should the city council fail to so appoint, or should the persons appointed by the provisions of this section fail to act, any three or more of the qualified electors of said city, assembled at the place of election on the day of the election, shall have the right to select managers to hold such election; and in such case the managers so selected shall certify, in their returns, that the managers appointed failed to act, and that they were chosen by the electors present.

SEC. 3. That it shall be the duty of the registrar of the county of Smith to attend at the time and place of holding said election, with the list of registered voters of said city; and in the absence of that officer, he, or the clerk of the District Court of the county of Smith, shall furnish the managers holding said election with a certified copy of the list of registered voters of said city; provided, that when the registration of the voters of said city shall not be provided for by a general law, the city council shall have the power to provide for the taking of the registration of the qualified electors of said city, and provide all needful rules and regulations therefor.

SEC. 4. That the managers of the election, to be held on the second Tuesday in March next, shall make return thereof to the clerk of the District Court of Smith county, who shall, within two days after he receives the same, Sundays excepted, examine such return, ascertain the result, and give the candidates receiving the highest number of votes certificates of their election. In all subsequent elections the returns shall be made to the city council, who shall open them and declare the result, which shall be noted on their minutes.

SEC. 5. That in case of a vacancy in any office, made elective by this charter, or in case of a tie at any election, a special election shall be ordered by the city council to fill the vacancy for the unexpired term; and the managers of all elections provided for by this charter, may employ two clerks to assist them in holding the same.

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

Approved February 7th, 1873.

CHAPTER IV.

An Act to amend an Act entitled "An Act to re-incorporate the City of Navasota, Grimes County, and to grant a New Charter to said City, and to Repeal an Act, approved October 27th, 1866, Incorporating the City of Navasota.”

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sixth section of said act shall hereafter read as follows: SEC. 6. That on the first Monday of March, 1873, and annually thereafter, on the same day, an election shall be held in said city for the purpose of choosing all the officers authorized by the charter of said city. There shall be chosen, by the board of aldermen, three electors of said city as managers of the election, which appointment, and the time and place of the election, the mayor shall give (after the first election) at least ten days' notice. The managers shall appoint two clerks, who, with themselves, shall take an oath to faithfully perform their duties; and shall proceed to open the polls and receive the votes of all the qualified voters of said city. The managers shall hold the polls open from 10 o'clock A. M. until 4 o'clock P. M., and shall keep a true list of all persons who may have voted, numbering each vote, and marking each ballot with a corresponding number. Immediately after the closing of the polls, they shall proceed to count the votes, and make due returns thereof (together with a certified list of the persons voting), to the mayor incumbent, by one of themselves. The mayor shall, within twenty-four hours after receiving the returns, in the presence of the board of aldermen, declare the result of the election, and have the same entered in the minutes of the board of mayor and aldermen; and if the persons elected shall be present, they shall be forthwith installed into their respective offices. If for any cause the mayor shall fail or refuse to convene the board of aldermen for the purpose of declaring the result of the election within the time specified, it shall be the duty of the managers to make out a duplicate of the returns, and transmit the same to the chief justice of the county, who shall, as soon as practicable, in the presence of six voters of said city (to be named by himself), open the returns, and award to each person

elected a certificate of his election. In either event the persons elected shall meet the first Monday after the official announcement of the election, for the purpose of being installed into office. Should either of the managers fail to attend at the time and place for holding the election, those who do attend shall select from among the bystanders a suitable person or persons to fill the vacancy; and should none of the managers attend, then the bystanders shall select from among themselves three electors of said city to conduct the election. The fifth section of said act is hereby repealed, and this act take effect from and after its passage. Approved February 8th, 1873.

CHAPTER V.

An Act to renew and continue in force an Act entitled "An act to Charter the Nacogdoches University," approved February 3rd, 1845.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That an act entitled "An act to charter the Nacogdoches University;" approved February 3rd, 1845, is renewed and continued in force until the first day of January, A. D. 1900; and all the acts of the trustees of said university, done and performed by them since the expiration of their charter as limited in said act, within the scope of their authority, as defined in said act, are hereby declared to be as valid as if said charter had never expired.

SEC. 2. Be it further enacted, That the following persons are recognized and constituted as trustees of Nacogdoches University, and classified according to the provisions of said original act, to wit: Trustees of the first class-Richard S. Walker, John Forbes, Bennett Blake, Frederick Voigt, Charles M. Raguet, M. G. Whitaker, L. E. Griffith, A. H. Crain and Peyton F. Edwards. Trustees of the second class-Moses L. Patton, Edward J. Fry, Laurence S. Taylor, Henderson Muckleroy, R. D. Orton and William Clark.

SEC. 3. Be it further enacted, That this act take effect and be in force from the date of its passage.

Approved February 11th, 1873.

CHAPTER VI.

An Act to incorporate the Town of Gainesville, in Cooke County.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the citizens of the town of Gainesville, in Cooke county, Texas, be and they are hereby declared to be a body politic and corporate to be known by the name and style of "The town of Gainesville;" and by that name, may sue and be sued, plead and be impleaded in all of the courts of this State; may have and use a corporate seal; and may purchase, hold, and dispose of property of all kinds, real, personal and mixed, in said town.

SEC. 2. That the limits of said corporation shall in. clude all that is embraced in the following boundary lines, to-wit: Beginning one-half of one mile due north of the center of the public square of said town of Gainesville, thence east one-half mile, thence south one mile, thence west one mile, thence north one mile, thence east one-half of one mile to the beginning.

SEC. 3. That the presiding justice of the said county of Cooke is hereby authorized to have said town laid off by the county surveyor of said county, or by any practical surveyor, whose duty it shall be to make notes defining its limits, which said notes and survey shall be delivered to said justice and by him filed in the office of the clerk of the District Court of said county; and the said justice and surveyor shall be paid such fees as the board of aldermen of said town may allow them, for the services herein required of them.

SEC. 4. That an election shall be held in said town on the first Tuesday in April, 1873, and annually thereafter on the first Tuesday in April in each year. At such election shall be elected a mayor, five aldermen, a treasurer and a marshal; and the persons elected shall continue in office one year, and until their successors are duly elected and qualified.

SEC. 5. The first election under this act shall be ordered by the presiding justice of said county of Cooke, who shall give at least ten days' notice of such election, by posting notices thereof in five public places within the corporate limits of said town, and also by publish