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LANDS-RELIEF OF HEIRS OF THOMAS J. BLAKEMORE
An Act for the relief of he present owners and occupants and their heirs and
assigns of three surveys of land situated in Comanche County, Texas, consis: ing of one-third league each, one of which was patented to the heirs of Thomas J. Blakemore by Patent No. 85, Vol. 16, issued on the 4th day of October, 1859; one patented to the heirs of Joseph J. Blakemore by Patent No. 84, Vol. 16, issued on the 4th day of October, 1859, and one patented to the heirs of Joseph Blakemore by Patent No. 278, Vol. 15, issued on the 11th day of February, 1861, whereby the State of Texas relinquishes to the said owners and occupants of said land whatever right, title or interest there may be in the State of Texas to escheat said land by reason of the fact that the heirs of the original grantees inherited said land at a time that Texas was a Republic and while they, the said heirs, were aliens to the said Republic of Texas, without tnereafter complying with the provisions of the Constitution of the Republic of Texas for such cases made and provided.
Whereas, The State of Texas by Patent No. 85, Vol. 16, of date October 4, 1859, issued to the heirs of Thomas J. Blakemore, and by Patent No. 84, Vol. 16, of date October 4, 1859, issued to the heirs of Joseph J. Blakemore, and by Patent No. 278, Vol. 15, of date February 11, 1861, issued to the heirs of Joseph Blakemore, did by each of said patents convey one-third of a league of land situated in Comanche County, Texas; and
Whereas, It has developed in certain suits in the District Court of Comanche County, Texas, that the said heirs of the original grantees of said land, inherited the same while Texas was a Republic, and that at the time of inheriting the same the said heirs were aliens to the Republic of Texas, and that said heirs did not thereafter comply with the provisions of the Constitution of the Republic of Texas for such cases made and provided; and that for which reasons the said land is, in a proper proceeding brought for that purpose, subject to escheat to the State, and
Whereas, The said land is now owned and occupied by divers persons who hold the same by Jeeds of conveyance duly recorded in Comanche County, Texas, and which show a perfect chain of title from the said heirs of the original patentees; that said owners and occupants came into possession of said land in good faith and for a valuable consideration, and have in good faith occupied, improved, enjoyed and paid taxes on said lands for many years; and whereas said parties would suffer great loss, hardship and inconvenience should said land escheat, therefore,
SECTION 1. Be it enacted by the Legislature of the State of Texas: That the State of Texas does hereby relinquish unto the present owners and occupants of the said three surveys of land as patented to the heirs of Thomas J. Blakemore by Patent No. 85, Vol. 16, and to the heirs of Joseph J. Blakemore by Patent No. 81, Vol. 16, and to the heirs of Joseph Blakemore by Patent No. 278, Vol. 15, situated in Comanche County, Texas, all right, title and interest that the State of Texas may have in said land by reason of the premises; and that the State of Texas does hereby quiet the said parties in their title and possession to said land, in so far as their said title or possession may be impaired or threatened by any right or claim of the State of Texas.
Approved March 26, 1907.
RELATING TO THE ADOPTION OF CHILDREN.
H. B. No. 16.]
An Act to amend Title 1, of the Revised Civil Statutes of the State of Texas of
1895, relating to adoption of children, by adding thereto Article 2a, providing for the transfer, by the natural to the adoptive parents, or the custody and parental authority over an adopted child.
SECTION 1. Be it enacted by the Legislature of the State of Texas: That Title 1, of the Revised Civil Statutes of the State of Texas, be amended by adding thereto Article 2a, which shall read as follows, towit:
Article 2a. The parent or parents of any child who is to be adopted as provided in Articles 1 and 2 of this title, may, by an instrument in writing, duly signed and authenticated or acknowlelged as deels are required to be, transfer their parental authority and custody over said child so adopted to the party so adopting such child, and after the exécution of such an instrument of writing duly acknowledged or authenticated as aforesaid, they shall thereafter be barred from exercising any authority, control or custody over said child as against the party so adopting him; and the child or children so adopted shall have the same rights as against the person or persons adopting said child or children for support and maintenance, and for proper and humane treatment, as a child has, by law, against lawful parents; provided, however, that it shall be unlawful for any person adopting any children under this act to transfer his authority and custody to any other person; provided further, that nothing in this article shall prevent a court of competent jurisdiction from taking away from such adoptive parents the custody of the adoptive child and awarding the same to its natural parents, or either of them, or to any other person, upon proof of the bad moral character of such adoptive parents or upon proof of abuse, neglect, or ill treatment of such adopted child by the adoptive parent. Provided that no white child can be adopted by a negro person or a negro child adopteil by a white person.
Approved March 26, 1907.
SAN JACINTO STATE PARK-PROVIDING FOR PURCHASE
OF ADDITIONAL LAND.
An Act to provide for acquiring by purchase or condemnation about fourteen
acres of land, being a part of and adjoining the San Jacinto battle grounds, and fronting upon the navigable waters of Buffalo Bayou; and providing for fencing, beautifying and improving the lands of the San Jacinto battlefield, now owned or hereafter acquired by the State of Texas, the same to be designated by name as "San Jacinto State Park;” making an appropriation there
for, and declaring an emergency. Be it enacted by the Legislature of the State of Texas :
SECTION 1. That it is necessary for the public use that the State of Texas own about fourteen acres, more or less, of land on the site of the battlefield of San Jacinto in addition to and which adjoins the lands heretofore acquired by the State of Texas under the provisions of Chapter 106, General Laws of Texas, passed at the Regular Session of the Twenty-fifth Legislature, approved May 6, 1897, and of Chapter 140, General Laws of Texas, passed at the Regular Session of the Twentysixth Legislature, approved May 23, 1899, the land to be so acquired under the provisions of this act, lying and fronting upon the navigable waters of Buffalo Bayou, it being necessary for the State of Texas to own and possess said land that access may be had to said lands from the water front, and in order to properly protect and preserve the San Jacinto battlefield.
SEC. 2. That upon the taking effect of this act, or as soon thereafter as practicable, the Governor shall appoint three commissioners, who shall enter into a bond made payable to the Governor of Texas and his successors in office, in the sum of five thousand ($5000) dollars, conditioned that they will well and truly discharge their duties as such commissioners, and make due report to the Governor of their action; provided that said commissioners shall serve without compensation, and provided further, that the joint action of two members thereof shall be sufficient on all matters properly coming before them.
Sec. 3. It shall be the duty of said commissioners to purchase the land which is adjacent to the lands now owned by the State of Texas, known as the San Jacinto battlefield, and fronting upon the navigable waters of Buffalo Bayou, in amount about fourteen acres, more or less. Said commissioners are hereby authorized to pay for said land whatever they shall consider a fair and reasonable market value of same; provided the price to be agreed upon therefor shall not exceed the market value of similarly situated lands in the same vicinity. Should said commissioners for any reason, fail to agree with the owner or owners of said lands or any portion thereof, they shall at once take steps to condemn the same, in the name of the State of Texas, and in order to effect this purpose, it shall be the duty of said commissioners to cause to be stated in writing, fully describing the real estate or property sought to be taken, the name of the owner or owners thereof and the residence of such owner, if known, and file such statement with the county judge of Harris county. Upon the filing of the statement provided for in this section, it shall be the duty of said county judge in term time or vacation to appoint three disinterested freeholders and qualified voters of Harris county as special commissioners to assess the damages to accrue to the property by reason of such condemnation. The special commissioners so appointed to assess such damages shall in their proceedings be governed and controlled by the laws in force in reference to the condemnation of the right of way for railroad companies and the assessment of damages therefor, and the proceedings shall be in accordance with such law, the State of Texas occupying the position of the railroad company, and all laws in reference to the applications for the condemnation of the right of way, for railroad companies and the assessment of damage therefor, and the proceedings shall be in accordance with such law, including the measure of damages, the service, actual or constructive, on the property owner, the right of appeal and the like, not inconsistent with other provisions of this act, shall apply to the application by the State, in these proceedings, but it is specially provided that in the event of condemnation proceedings the damages assessed for the taking of any tract or parcel of land shall in the discretion of the commissioners herein provided for be deemed excessive and greater than a reasonable and adequate compensation therefor, said commissioners shall decline and refuse to pay the same, and in such event the State of Texas shall pay the court costs of such proceedings, and no further action thereunder shall be taken.
Sec. 4. Before any purchase or condemnation of any land shall be consummated under this act, a proper and complete abstract of the title thereto shall be procured by said commissioners and presented to the Attorney General and shall be examined and approved by him, showing, in his opinion, in whom the legal title thereto is vested, and upon such approval of the title by the Attorney Geneal, then, in the event either of purchase by agreement or by condemnation, the commissioners appointed shall make an application in writing, and under oath, addressed to the Treasurer of the State of Texas, stating the amount of land to be acquired, from whom acquired, how acquired, and the price to be paid therefor, and when such application has been approved by the Governor, it shall be a sufficient warrant, and the Treasurer is hereby required to pay the same, and each of them so made within the provisions and limitations of this act, and the appropriation hereby made, and said commissioners shall then take proper conveyances or evidences of title placing the title to said land in the State of Texas and pay the owner or owners therefor.
SEC. 5. Such reasonable and necessary expenses as may be incurred by the commissioners personally, and in the employment of engineers and surveyors as may be necessary in carying out the provisions of this act, shall be presented in writing and under oath to the Governor, and if approved by him as reasonable and correct, shall be audited as other claims and paid out of the appropriation herein made. Said commissioners shall on the completion of their services herein provided for, and not later than the first day of December, 1908, make a full report to the Governor with an itemized statement of all expenditures and all acts done and performed under this act; whereupon, if their duties as such commissioners have been wholly performed, they shall be discharged and their commissions expire.
SEC. 6. The Governor shall, as soon as practicable after the taking effect of this act, and every two years thereafter, appoint three resident citizens of the State, who shall be known as “San Jacinto State Park Commissioners," and whose duties shall be to advise with and assist the Superintendent of Public Buildings and Grounds in the improvement, care and preservation of the lands now owned and hereafter acquired by the State, known as the San Jacinto battlefield; provided, that one or more of said commissioners may, in the discretion of the Governor, be selectel from the patriotic organization known as San Jacinto Chapter, Daughters of the Republic of Texas, or from any kindred organization; provided, further, that said commissioners shall serve without compensation.
SEC. i. It shall be the duty of said commissioners, acting with the advice and consent of the Superintendent of Public Buildings and Grounds, to cause to be erected upon a site by them selected, a keeper's cottage and othrer necessary buildings; to arrange for or employ a keeper who shall reside upon the grounds and who shall be clothed with all the powers and authority of a peace officer of the county for the purposes of caring for and protecting the property of the State; to provide the necessary teams, implements and other utensils for the use of such keeper and other employes in the work of beautifying, improving and protecting said grounds; to cause to be erected around, about and upon said grounds such fence and fences as shall, in the judgment of the commissioners and Superintendent of Public Buildings and Grounds, serve the best interests of the State in the care and protection of its property; to provide for and outline a plan, diagram and design of the work to be done from time to time, copies of which shall be kept in the office of the Superintendent for reference, and to do any and all things necessary to be done, with the intent and purpose of beautifying, improving and protecting the State's interest therein.
SEC. 8. Such reasonable and necessary personal expenses as may be incurred by said three commissioners in the performance of their duties in this behalf, and in the employment of landscape gardeners, surveyors, foresters, mechanics, employes, materials, or upon contracts, which shall be or become necessary in carrying out the provisions of this act, shall be presented in writing and under oath to the Governor, and when approved by him as reasonable and correct, shall be audited as other claims and accounts for State purposes, and shall be paid out of the appropriation herein made; provided, that the appropriation herein made for the several purposes shall not be drawn upon for improvements to the extent of jeopardizing the purchase, condemnation or acquirement of land mentioned in Section 1 of this act.
SEC. 9. The lands now owned and hereafter acquired by the State, commonly called the San Jacinto battlefield, shall hereafter be known and styled “The San Jacinto State Park," and, with the exceptions, reservations and limitations herein mentioned, the said San Jacinto State Park shall be under the care and direction of the State Superintendent of Public Buildings and Grounds. Said Superintendent and the commissioners shall jointly endeavor to improve, preserve and protect the lands and property within and connected with said San Jacinto State Park.
SEC. 10. That for the several purposes mentioned in this act, the sum of twenty-five thousand ($25,000) dollars, or so much thereof as