on the eleventh day of March, 1874, for a corporation or no corporation of said town, and an election held in said town on the sixth day of April, 1874, for the election of the officers of said town, be, and the same are hereby declared valid, and said town of Carthage is hereby declared to be legally incorporated under the acts of the legislature of Texas, passed on the twenty-eighth day of January, 1858, and an act supplemental thereto passed on the twentysixth day of May, 1873.

Approved April 29, 1874.

CHAPTER XXX.

An Act to legalize the Unconditional Certificate of Three Hundred and Twenty (320) Acres of Land issued to Josiah Powers.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the unconditional headright certificate No. 8, class 2, for three hundred and twenty acres of land issued to Josiah Powers, by the board of land commissioners of DeWitt county, and dated April 10, A. D. 1848, be, and the same is legalized and validated; and that the commissioner of the general land office be, and he is hereby authorized and directed to issue a patent on the same to the said Josiah Powers.

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

Approved April 29, 1874.

CHAPTER XXXI.

An Act to incorporate the "Henderson and Overton Branch Railway Company."

SECTION 1. Be it enacted by the Legislature of the State of Texas, That R. W. Oliver, Wiley Harris, Jiles S. Boggess, jr., Wm. S. Moss, A. B. Collins, J. H. McLarty, A. D. Tinsley, Webster Flanagan, Taylor Brown, sr., A. J. Smith, N. G. Bagley, Thomas Lloyd, Ras Redwine, R. R. Holton, T. J. Trammell, sr., T. H. Coleman, James Hamelton, James Cliborne, J. E. Norvell, T. J. Lacy, A. R. Crow, Ruben Cook, Dr. A. C. Neal, Arthur Buckner,

and such others as they may associate with them, are hereby created a body politic and corporate under the name of the "Henderson and Overton Branch Railroad Company, and by such name they may sue and be sued; make contracts; have and hold real and personal property by grant, donation or purchase, or sell, transfer or alienate the same. Said company shall have succession for ninety-nine years, and a corporate seal.

SEC. 2. That said persons named in the first section of this act, their associates or assigns, shall constitute the first board of directors. They shall have the right to elect a president, vice president, secretary, treasurer and attorney; the other officers and agents of the company shall be appointed in such manner as the said directors may ordain and establish. The said directors shall have power to make by-laws, rules and regulations for their government, so as to carry out the intent of this act, and to appoint an executive committee and confer upon it such powers as they may see fit, not inconsistent with the laws of the State or United States, to provide for the future election of officers, and to fix the place for the principal office of the company, and change the same at pleasure; to provide for issuing of stock and transfer of the same; to provide for issuing of the bonds of the company; to mortgage and hypothecate the road bed; voting stock and all other property of said company; to raise funds to build or equip said road.

SEC. 3. That said company shall have the right to construct, own and operate a first class road of whatever guage they may see proper, from Overton on the International railroad to Henderson, in Rusk county, Texas. That said company shall have the right to connect their road with the International railroad at Overton; provided, that if the guage of the road is under four feet eight inches and a half and not less than three feet, the company shall be entitled to only twelve sections of land to the mile of its road so completed and constructed.

SEC. 4. Said company shall have the right of way along their entire route, not to exceed two hundred feet in width over all lands of the State, and the free use of rock, timber, gravel and earth thereof, and the terms of the general laws of this State to procure the release of the right of way from the owners of the lands along the route, and shall have the right to construct and operate a telegraph line along their

entire route, and to build and construct bridges across all streams along their line.

SEC. 5. That this company shall receive sixteen sections of land for every mile of said road that shall be constructed and put in good running order.

SEC. 6. That the capital stock of said company shall be two hundred thousand dollars, with the privilege of increase to any sum not to exceed six hundred thousand dollars, divided into shares of one hundred dollars each.

SEC. 7. Said company shall have the whole line completed in five years from and after the passage of this act. Approved April 29, 1874.

CHAPTER XXXII.

An Act to incorporate the Alamo Rifles of the City of San Antonio.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That George S. Deats, Henry C. Thompson, James R. Marmion, Alex. G. Schnetz, John W. Littell, John Kinehan, Thomas Hughes, A. J. Lockwood, N. J. Petrich, A. Prescott, C. K. Crawford, H. Wagenfehr, Joseph Schnetz, John A. Ferris, B. F. Kelly, Andreas Coy, G. Fresch, James H. McLeary, H. L. Berg, L. C. Navarro, Anton Adam, W. H. Huston and Harry MacCormack, and others who are or may hereafter become associated with them in said company, and their successors, be and are hereby constituted a body corporate and politic under the name and style of the "Alamo Rifles," and by that name said corporation shall have succession and be capable in law to sue and be sued; plead and be impleaded; to ordain a constitution and by-laws for their government, not to conflict with this charter or any law of this State; and they shall have a common seal with any design they may choose; and to purchase, hold and sell real estate and personal property in any amount not exceeding fifty thousand dollars; and the said company shall elect their own officers, trustees and directors, and that there shall never be a less number of men in said company than twenty-five, nor a greater number than one hundred.

SEC. 2. The officers and members of this company shall be exempt from common militia drills and jury duty.

SEC. 3. The said company shall have power to provide by their constitution and by-laws for courts of investigation and courts martial to try all violations of their constitution, by-laws, rules and regulations, by any of their own. members, and to punish such violations by suspension, expulsion, or fine not to exceed one hundred dollars.

SEC. 4. The said company shall have power to collect all fines legally imposed by virtue of this charter, by suit in the court of the justice of the peace of precinct number one of Bexar county, and the certificate of the commanding officer of the company, attested by the secretary and authenticated by the common seal of the company, shall be sufficient evidence of the legal imposition of such fine, and judgment shall be rendered thereon and execution issue as in other cases.

SEC. 5. The commissioned officers of this company shall be one captain, one first lieutenant, and two second lieutenants, to be commissioned by the Governor, subject when ordered on duty to be trained and governed by the militia of the State, and the rules and regulations governing the same.

SEC. 6. Whenever said company shall be called into active service by the Governor, or other person having lawful authority to call out the State militia, they shall be entitled to receive such camp and garrison equipage as is usually allowed and furnished to the best military companies by the government of this State.

SEC. 7. This company shall at all times be subject to the civil authorities of the State, and to the orders of the Governor of the State, in case their services are required.

SEC. 8. The commanding officer of the company shall, on the first day of January in each year, file in the office of the clerk of the district court a complete list of all the officers and members of the company at that date.

SEC. 9. The non-commissioned officers of this company shall be one orderly sergeant, four duty sergeants and four corporals.

SEC. 10. The commissioned officers of the company shall be elected annually on the sixth day of March, or as soon thereafter as practicable, and the returns of the election shall be made by the orderly sergeant, under the seal of the company, to the chief justice of Bexar county, directed to the Governor of the State, who shall commission such officers as soon as he receives the returns of the election.

SEC. 11. All property, whether real or personal, belong ing to the company shall be vested in the commissioned officers of the same, to be held in trust for the company.

SEC. 12. This act shall be in force and take effect from and after its passage.

Approved April 29, 1874.

CHAPTER XXXIII.

An Act to prohibit the sale of Intoxicating or Spirituous Liquors within two miles of certain places.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That it shall be unlawful for any person or persons to dispose of any intoxicating or spirituous liquors by sale or otherwise within two miles of the following places, to-wit: the Masonic Institute at Melrose, in Nacogdoches county; Millican, in Brazos county; Baylor University, in Independence, Washington county; New Hope Church and schoolhouse, in Johnson county; Pleasant Grove Church, Lamar county; Mt. Zabor Church, Lamar county; Antioch Church, Lamar county; Maysfield Academy, Milam county; Hepziah Church and schoolhouse, in Coryell county; fradell school, in Bosque county; White House Church and Academy, in Smith county; Peoria, in Hill county; Lost Prairie, in Limestone county; Mount Pleasant camp ground and Ladonia Male and Female Seminary, Fannin county; Douglassville College, Cass county; Weston school-house, in the town of Weston, Collin county; Lancaster Masonic Institute, at Lancaster, Dallas county; Powell Dale, Bosque county; Merrilltown, Travis county; Dresden schoolhouse, Navarro county; Hooker's school-house, Rains county; Bristol, Ellis county; Forest Grove Church, Lamar county; Garden Valley, Smith county; Liberty Church, in Milam county; Woodbury, Hill county; Evans' school-house, Williamson county; Turner's Point Academy, Kaufman county; Fitzgerald school-house, Anderson county; Howard and Tunshire, in Bell county; Blossom Prairie depot, Lamar county; Aurora, in Wise county; Moulton, in Lavaca county; Heffner's Chappel, in Hunt county; and Mantua, in Collin county.