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Superintendent is hereby authorized to appoint, with the approval of the Governor, for each newly created district, one supervisor of education, who shall hold his office for the term of four years from the date of his commission, unless sooner removed by said Superintendent, for cause, on the approval of the Governor; and the supervisor may act as examiner of teachers. Clause 3. And each supervisor so appointed shall receive for his services, out of any moneys belonging to the available school fund not otherwise appropriated, first, a salary of eighteen hundred dollars per annum; second, all expenses for postage; and third, all traveling expenses necessarily incurred while employed in the actual discharge of the duties of his office; provided, that the amount of the above mentioned expenses shall not exceed the sum of two hundred dollars, on voucher to be approved by the Superintendent of Public Instruction, during any one scholastic year. Clause 4. And the supervisors herein provided for shall be empowered to lay off and subdivide the counties in the territory under their jurisdiction into convenient school districts; and they shall also appoint, on the approval of the Superintendent of Public Instruction, five directors for each school district; but the authority of the said supervisors in the management, control and oversight of their respective districts shall be subject to the control, direction and revision of the said Superintendent; and it shall be the further duty of the said supervisors to enforce in their respective districts all rules and regulations adopted by the Board of Education for the government of the public free schools in this State.

SEC. 2. Be it further enacted, That the unexpended balance of the deficiency appropriation for the scholastic year ending on the thirty-first day of August, 1871, be and the same is hereby added to and made a part of the appropriation for the scholastic year ending thirty-first day of August, 1871, and to be apportioned as required by section one of the above cited act.

SEC. 3. That the Superintendent of Public Instruction, with the approval of the Governor, shall make requisition from time to time for such sums of money as may be necessary to pay the teachers and employés of the Bureau of Education, out of any funds in the Treasury appropriated for that purpose, which shall be sufficient authority for the Comptroller to issue a warrant therefor,

*NOTE BY SECRETARY OF STATE.-It appears from the journal of the Senate that the figures "1871," where they occur the second time in section two of this act, should be "1872."

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and the Superintendent of Public Instruction shall, on disbursing each requisition, file his vouchers with the Comptroller of Public Accounts. SEC. 4. That this act take effect and be in force from and after passage.

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Approved November 29, 1871.

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CHAPTER LXI.

AN ACT TO AMEND SECTION ONE AND TO REPEAL SECTION SIX OF
AN ACT TO AUTHORIZE COUNTY COURTS TO LEVY A ROAD TAX
AND TO IMPROVE ROADS AND BRIDGES, PASSED AUGUST 4, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section one of "An act to authorize county courts to levy a road tax and to improve roads and bridges," passed August 4, 1870, be so amended that hereafter it shall read as follows, viz.:

Sec. 1. Be it enacted by the Legislature of the State of Texas, That the county courts of the several counties of this State, are hereby authorized to appropriate the annual taxes collected in their respective counties for public roads and bridges, to the building of bridges and the improvement of the first class public roads in their respective counties; said roads to be classed by said county courts. SEC. 2. That section six of the act before recited, be and the same is hereby repealed.

SEC. 3. That this act shall take effect and be in force from and after its passage; provided, that it shall be lawful for the proper officers to collect the tax provided for in the section hereby repealed, in all cases where the same had been assessed prior to the passage of this act.

Approved November 29, 1871.

CHAPTER LXII.

AN ACT TO REPEAL SECTIONS ONE, TWO AND THREE OF AN ACT PROVIDING FOR THE PAYMENT OF THE OUTSTANDING INDEBTEDNESS OF THE SEVERAL COUNTIES, PASSED JULY 21, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That sections one, two and three of "An act providing for the payment of the outstanding indebtedness of the several counties," passed July 21, 1870, be and they are hereby repealed.

SEC. 2. That this act shall take effect and be in force from and after its passage; provided, that it shall be lawful for the proper officers to collect and to expend, for the purpose expressed in the act before recited, all taxes assessed in accordance with the said act prior to the passage of this act. Approved November 29, 1871.

CHAPTER LXIII.

AN ACT TO REGULATE THE PRACTICE IN THE SUPREME COURT.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That if any party to the record, in any cause now pending in, or hereafter taken to the Supreme Court, by appeal or writ of error, shall have died heretofore, or shall hereafter die, after the appeal bond has been filed aud approved, or after the writ of error has been served, and before such cause has been decided by the Supreme Court, such cause shall not abate by such death, but the Supreme Court shall proceed to adjudicate such cause, and render judgment therein as if all the parties thereto were still living, and such judgment shall have the same force and effect, as if rendered in the lifetime of all the parties thereto; provided, however, that this act shall not apply to any suit or action in which the cause of action does not survive in favor or against the legal representatives of a deceased person.

SEC. 2. This act shall take effect and be in force from and after its passage.

Approved November 29, 1871.

CHAPTER LXIV.

AN ACT SUPPLEMENTARY TO THE ACT ENTITLED AN ACT TO ADOPT AND ESTABLISH A PENAL CODE FOR THE STATE OF TEXAS, APPROVED, TWENTY-EIGHTH OF AUGUST, 1856.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That every person, or a member of a firm, or corporation, subject to the payment of an occupation tax, who shall neglect or fail, after having been duly notified by any officer charged with the collection of any such occupation tax, to comply with any one of the several provisions of an act, entitled an act to give effect to the several provisions of the Constitution concerning taxes, approved April, 22 1871, concerning occupation tax, shall be deemed guilty of a misdemeanor, and shall on conviction, on indictment, or information, be punished by a fine not less than five, nor more than one hundred dollars.

SEC. 2. Any officer who is charged by law with the assessment or collection of taxes, who shall fail to comply with any one of the requirements of the law concerning taxes, shall be deemed guilty of a misdemeanor, and shall upon conviction on information, be punished by fine, not less than five nor more than one hundred dollars. SEC. 3. This act shall take effect and be in force from and after its passage.

Approved December 1, 1871.

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AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT OF THE STATE GOVERNMENT FOR DEFICIENCIES FOR THE FISCAL YEAR BEGIN

NING SEPTEMBER 1, 1871, AND ENDING AUGUST 31, 1872.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the following sums, or so much thereof as may be necessary, be and the same are hereby appropriated out of any moneys in the Treasury not otherwise appropriated, for the support of the State government and for deficiencies incurred in the support of the State government for the fiscal year beginning September 1, 1871, and ending August 31, 1872::

EXECUTIVE DEPARTMENT.

Deficiencies.

For postage, stationery and contingent expenses, one thousand dollars..

STATE DEPARTMENT.

Deficiencies.

$1,000.00

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For printing laws and journals of Twelfth Legislature,
three thousand six hundred dollars. . . . . .
For printing 1,000 copies Treasury report, two hundred
and forty dollars...

For printing 1,000 copies Adjutant General's report, four
hundred and sixty-three dollars and thirty-five cents...
For printing 1,000 copies Secretary of State's report, two
hundred and forty-six dollars and sixty-five cents.....
For printing 1,000 copies Commissioner of General·Land
Office's report, ninety-nine dollars and ninety-five

cents...

For printing 1,000 copies Deaf and Dumb Asylum report, eighty-three dollars and thirty cents.

...

$3,600 00

240 00

463 35

246 65

99 95

83 80

For printing 1,000 copies Superintendent Immigration's
report, thirty-three dollars and thirty cents...
For printing 1,000 copies Blind Asylum report, twenty-
six dollars and sixty-five cents...

33 30

26 65

For printing 1,000 copies Lunatic Asylum report, two hundred and ten dollars..

210 00

For printing 1,000 copies Penitentiary report, three hun-
dred and forty-three dollars and thirty-five cents..
For printing 1,000 copies Attorney General's report, nine
hundred and forty-six dollars and fifty cents.
For printing 200 copies Superintendent Lunatic Asylum
report, one hundred and fifty-six dollars and fifty cents, 156 50
For printing 1,000 copies additional Trustees Blind Asy-
lum report, eighty dollars....

343 35

946 50

80 00

For printing laws and journals Twelfth Legislature, adjourned session, eight thousand dollars.

8,000 00

For advertising tax law, four thousand dollars, four thousand dollars.

4,000 00

For stationery, postage and contingent expenses, five hun

dred dollars...

500 00

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