The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1873-07-17
ACTS PASSED BIZ THE THIRTEENTH
LEGISLATURE
10 amend and Supplemental % stAn Act
20 Provide FOR the incorporation Of
towns and Cltlea,s' Approved January
IL 1883,

- A--eA4 Ana SUP Elemental 90 "a IA Act
Towns ana Clfie1,s5 Approved Jannary
-, 1858.
SECTION 1. Be It enacted By the Legisla-
ture Of the State Of Texas, That sections
one, two, three and four Of the above re-
cited act Of January %, 1858, be and are
hereby so amended as 10 read as follows:
SECTION l. That where a village or
town may contain population Of two hun
dred souls, it may be incorporated as a
town, IN the manner prescribed BY this act.
''SEc. 2. If the inhabitants Of any such
village or town desire to be so incorporated.
IN order 70 become so, at least twenty per
sons resident therein, who are otherwise
qualified voters Of the State Of Texas. shall
ile an application for that purpose in the
ONCE Of the county (now called district)
clerk Of the county in which such town or
village may be situated, stating the bound
aries of the proposed town, and the name
by which it is to be known, if it be incor-
porated.
''SEc. 8. If it be shown by a certificate
of the justice Of the peace Of the precinct
wherein such town or village is situated,
that the limits proposed do contain popu-
lation of at least two hundred souls. which
certificate must be fled in the district or
in that case it shall be the duty of the pre-
siding justice of the county court of such
county to order an election on day and at a
place within the proposed town limits, for
the purpose Of submitting the question to a
vote OF the qualified voters within said pro-
posed limits.
SEC. 4. That the presiding justice, in
such order, shall appoint some credible
qualified voter residing within the pro-
posed town limits, to preside at such cleo
ton, who shall select two managers and
two clerks to assist in holding it. Said notice
shall be posted at three public places within
said proposed limits for at least ten DAYS
prior to the election; and the election shall
be held, in other respects, according to the
laws of the State regulating elections in
force at the time so far as the same may be
applicable"
SEC. 2. That all the duties required to
be performed by the chief Justice of the
county, by the act to which this is supple
mentary, shall be performed, until other
wise provided by law, by the presiding
justice of the county court. Should the
laws be hereafter changed so as to create
the Office of chief Justice of a county. OF
any Office similar thereto, then, and in that
case, the duties by said act imposed by
said act of January %, 1858, shall be
performed by such officer.
SEC. 3. That section twenty-four of the
act of January 81, 1858, to which this act
is supplemental be, and is hereby repealed
SEC. 4. That, whereas, when the act of
January "a, 1858, to which this is supple
mental, was enacted, the elective franchise
was conferred upon only portion of the
male population over twenty-one years of
age, it is hereby distinctly declared that
this right, under the intent and meaning of
this act, pertains to all legal voters of the
State of Texas under the Constitution of
the State, without distinction of race, color.
or previous condition; provided, such voters
shall have resided within the proposed linn
its for at least six months next preceding
an election.
SEC. 5. That section thirteen of the
said act to provide for the incorporation of
towns and cities, shall hereafter read as fol-
lows: SEC. IS. The mayor, aldermen,
and all other officers elected at the first
election under this act, regardless of the
time of such first election, shall hold their
offices until their successors shall have been
duly elected and qualified at the next sue
ceeding annual election, according to the
provisions of section fourteen of said act,
as hereinafter amended by this act
OECs U Aud5 ScClAOu 1OuIIc6u Oh SdlQ
act shall hereafter read as follows: "See.
IA. That the annual election for officers of
all towns and cities incorporated under the
provisions of this act, shall take place on
such day as may be fixed by law formunicipal
elections throughout the towns and cities
of the State. Should no such uniform day
be fixed, then the elections herein provided
for shall take place on the first Tuesday in
April of each and every wear The MAYOR
or in case of his inability or refusal to act,
any two aldermen, shall order each such
annual election, by notices posted, for at
least ten days, at three public places within
the corporate limits. The returns of such
election shall be made to the town OF city
council, and certificates of election given
by the mayor, or person acting as such, to
the persons elected to the various offices for
such corporation"
SEC. Z. That all laws inconsistent with
this act be and are hereby repealed, and
that this act shall take effect from and after
its passage.
Approved May 20, 1873.