thereof, at the Treasury, the same shall be paid when due, and for this purpose the sum of fifty thousand dollars, or so much thereof as may be necessary, is hereby appropriated; and provided further, that where any bond above referred to shall be found by the board herein created to be in part or in the whole given for claims void under the Constitution, the said bond or bonds are hereby declared to be void, and shall be canceled, and the holder thereof shall receive payment for such (if any) portion thereof as may be valid, under the provisions of sections three and four of this act; provided further, that all allowances of claims against the State under this act shall be subject to approval of the Governor before becoming valid claims against the State."

SEC. 2. That all acts and parts of acts inconsistent with this act be and the same are hereby repealed, and that this act take effect and be in force from and after its passage. Approved May 22, 1871.

CHAPTER CXIV.

AN ACT AUTHORIZING HEADS OF

DEPARTMENTS OF THE STATE

GOVERNMENT TO ADMINISTER OATHS.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That in all matters pertaining to their respective departments, each head of a department of the State Government shall have power to administer oaths, and give certificate thereof under his hand and seal.

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

Approved May 22, 1871.

CHAPTER CXV.

AN ACT TO AMEND AN ACT PRESCRIBING THE MODE OF PROCEEDING IN DISTRICT COURTS IN MATTERS OF PROBATE, A. POVED AUGUST 15, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the act entitled "An act prescribing the mode of proceeding in district courts in matters of probate," approved August 15, 1870, be amended as hereafter provided. Section sixty-three shall be so amended as hereafter to read as follows: "Section 63. Administration shall be commenced as follows: First. In the county where the deceased resided at the time of his death. Second. If he did not reside in the State at the time of his death, then in the county where he died. Third. If he neither resided at the time of his death, nor died in the State, then in the county where one or more of his nearest relations, in the order of descent may reside, or, if he left no relation in this State, then in the county where the principal part of the estate may be situated."

SEC. 2. That section sixty-seven shall be so amended as to read hereafter as follows: "Section 67. The appointment of temporary administrator shall be made without notice, and within five days thereafter the person appointed shall take and subscribe the following oath: 'I do solemnly swear that I will well and truly perform the duties of temporary administrator of the estate of ...... deceased.' He shall also, within the same time, enter into bond with one or more sufficient sureties, to be approved by the district clerk, and payable to him and his successors in office, in an amount of not less than double the estimated value of the personal property, for the faithful performance of the duties of his appointment; provided, that in case of the appointment of a clerk of the district court as administrator of an estate, his bond shall be approved by the district judge of that court."

SEC. 3. That section seventy-three be so amended as to read hereafter as follows: "Section 78. At the term of the court after notice of the application has been duly posted, it is ready for trial; provided, that if the prescribed time for giving notice be completed during the session of the court, the application shall stand for trial at that term."

SEC. 4. That section eighty-eight be so amended as to read hereafter as follows: "Section 88. The executor, unless the testator direct otherwise, shall enter into bond with one or more sufi

cient sureties, to be approved by and payable to the district clerk and his successors in office, in an amount not less than double the estimated value of the personal property and real estate."

SEC. 5. That section one hundred and thirteen be so amended as to read hereafter as follows: "Section 113. Where it is not otherwise provided, a bond shall be required to be given, and an oath to be taken, at a time specified in the order, within twenty-days."

SEC. 6. That section one hundred and fourteen be so amended as to read hereafter as follows : "Section 114. A surety may apply to be relieved from his bond, and upon notice to the executor or administrator, he shall be required to give a new bond within twenty days, and in the meantime to refrain from acting as executor or administrator, except to preserve the property committed to his charge."

SEC. 7. That section one hundred and eighteen be so amended as to read hereafter as follows: "Section 118. The sureties on a bond are discharged when the whole penalty has been recovered, but not before. All bonds of executors and administrators shall be payable to the clerk of the district court; where administration is pending, and his successors in office. and shall be approved by the clerk, and such bond may be given either in term time, or vacation. The clerk taking and approving any insufficient bond, shall be held responsible to any person interested in the estate as heir, devisee, or creditor, for all damages sustained by reason of such insuffiient

bond."

SEC. 8. That section two hundred and twenty-three be so amended as to read hereafter as follows: "Section 223. If any executor or administrator shall fail to pay any claim ordered to be paid, when demanded, upon affidavit of the demand and failure to pay being filed with the clerk, an execution shall be issued for the amount ordered to be paid to such claimant, with ten per cent. per month interest as damages and costs, against the property of such executor or administrator."

SEC. 9. That section three hundred and twenty-nine be so amended as to read hereafter as follows: "Section 329. At the term after notice shall have been given, by citation duly posted, to all persons interested in the welfare of the minor, the application is ready for trial; provided, that when the prescribed time for giving notice is completed during a term of the court, the application shall stand for trial at that term."

SEC. 10. That section three hundred and seventy-five be so amended as to read hereafter as follows: "Section 375. That the provision of this act respecting the sale of real estate by executors or administrators, from section two hundred and thirty-three to sec

tion two hundred and fifty, inclusive, apply to the sale of real estate belonging to wards."

SEC. 11. That section three hundred and eighty be so amended as to read hereafter as follows: "Section 380. The provisions of this act under the head of 'The accounts of the executor and administrator,' commencing at section two hundred and fifty-one, apply to the account of guardians; provided, that no publication of notices shall be necessary as required in case of executors and administrators."

SEC. 12. That section four hundred and thirty of said act be numbered, "Section 432."

SEC. 13. That this act take effect and be in force from and after its passage.

Approved May 23, 1871.

CHAPTER CXVI.

AN ACT TO ORGANIZE THE BUREAU OF IMMIGRATION.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That in accordance with article eleven of the Constitution. there shall be created a Bureau of Immigration, which shall have the supervision and control of all matters connected with immigra tion.

SEC. 2. That the Governor, by and with the advice and consent of the Senate, shall appoint a Superintendent of Immigration, who shall be at the head of said Bureau, shall hold his office for four years, and receive an annual compensation of two thousand dollars. SEC. 3. That it shall be the duty of said Superintendent of Immigration to take all the steps which he may deem advisable and proper for the encouragement of immigration, and for the protection of immigrants, especially in the procurement of their transportation from the coast into the interior; in the guarding them against fraud, chicanery and peculation; in their temporary location in proper and reasonable places of board and lodging on their arrival; and in making all such regulations and provisions as may be in any manner necessary and conducive to their welfare; and all officers of the State are hereby required and commanded to aid and assist him in the objects aforesaid, whenever requested.

SEC. 4. That it shall be the duty of the Superintendent to col

lect and compile, from all the sources within his reach, such sugges tions, references and statistics as are best calculated to give a correct idea of the material and social condition of our State, and to diffuse correct information of the advantages of this State to immigrants

SEC. 5. That to this effect be shall from time to time prepare or cause to be prepared, published, and translated into one or two of the principal languages of Europe, pamphlets (with maps of the State), essays and articles, treating on and describing in a truc light the developed and undeveloped agricultural and mineral resources of the State of Texas; the nature of her climate, soil, geographical features and advantages; her manufacturing capacities; her public improvements, and every other local information of interest and utility to the immigrant; such pamphlets to be distributed in such localities wherever, in his opinion, they may be useful and beneficial for the promotion of immigration into our State.

SEC. 6. That furthermore, it shall be the duty of the Superintendent to forward to the Governor, to be by him laid before the Legislature, at each session, a full report of his transactions, stating all the means and channels employed by him in the accomplishment of his mission, the results attained or expected to be attained through his efforts, the statistics of immigration, and other kindred information calculated to suggest further legislation on the subject.

SEC. 7. That said Superintendent shall have power to appoint, with the consent of the Governor, an agent or agents for the United States and for Europe-not more than two agents, one for the Northern and one for the Southern States of the United States, and two for Europe; of the latter, one for Great Britain, and one for the continent; for the purpose of aiding or advising immigration. And such agent or agents shall act under the instruction of the Superintendent of Immigratior, who shall also fix and allow their compensation for their services, to be paid out of the fund created as hereafter provided, said salary not to exceed thirty-five hundred dollars per annum. And that the Governor have power to authorize or accredit persons as agents or lecturers, other than the commissioners herein named, so as to represent abroad the claims of Texas as a field for immigrants, for each separate State, country or sovereignty; provided, that such agents are not to receive compensation from the State for such services.

SEC. 8. That the sum of thirty thousand dollars, or so much of it as may be necessary, be appropriated from any money in the Treasury not otherwise appropriated, to be expended for the purposes of the Bureau of Immigration.

SEC. 9. That this act take effect and be in force from and after its passage.

Approved May 23, 1871.