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composed of the counties of Cameron, Hidalgo, Starr, Duval and Nueces, and the district court shall be begun and held in said counties as follows:

In the county of Cameron, on the first Monday in February and September of each year, and may continue in session four weeks;

In the county of Hildalgo on the fourth Monday after the first Monday in February and September of each year, and may continue in session three weeks;

In the county of Starr, on the seventh Monday after the first Monday in February and September of each year, and may continue in session three weeks;

In the county of Duval, on the tenth Monday after the first Monday in February and September of each year, and may continue in session two weeks; and

In the county of Nueces, on the twelfth Monday after the first Monday in September, and may continue in session four weeks, and on the twelfth Monday after the first Monday in February, and may continue in session until the business is disposed of.

SEC. 2. All process, writs and bonds issued or executed prior to the taking effect of this Act, and returnable to the terms of said court, as heretofore fixed by law in the several counties composing the said district are hereby made returnable to the terms of said court in the said several counties as fixed by this Act; and all process heretofore returned, as well as all bonds and recognizances heretofore entered into, in any of said courts, shall be as valid and binding as if no change had been made by this Act in the time of holding said terms of court.

SEC. 3. All laws and parts of laws in conflict with this Act are hereby repealed.

SEC. 4. The crowded condition of the calendar, and the near approach of the close of the session, creates an imperative public necessity demanding the suspension of the constitutional rule requiring bills to be read on three several days in each house, and said rule is now here suspended.

Approved April 17, 1905.

Takes effect 90 days after adjournment.

GAUSE INDEPENDENT SCHOOL DISTRICT-CREATION OF. H. B. No. 631.]

CHAPTER 143.

An Act creating the Gause Independent School District in Milam county, Texas, and defining its boundaries; providing for the election of a board of trustees to manage and control the public free schools within said district; investing the said district with all the powers, rights and duties of independent school districts formed by the incorporation of towns and villages for free school purposes only, and creating an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: An independent school district including within its bounds the village of Gause, county of Milam, State of Texas, and other lands and territory adjacent thereto, is hereby created as an incorporation for free school purposes only, to be known as the Gause Independent School District.

SEC. 2. The territory hereby authorized to be created into an inde pendent school district is described by metes and bounds as follows:

Beginning at the S. E. corner of the Janett Bowen League for the S. E. corner of this, said corner being on the W. bank of the Brazos river; thence with S. line of said League S. 60 W. 5657 varas to corner in the Gause and Fraimville public road; thence with said road N. 23 W. 90 varas, N. 52 W. 200 varas, N. 49 W. 230 varas, N. 35 W. 270 varas to corner in dividing line of said league, said corner being on the north bank of Three Mile Creek; thence with said dividing line S. 60 W. 2480 varas to corner on west line of said League, said line being the W. line of the Samuel Chairs survey; thence with said line N. 30 W. 290 varas to corner; thence S. 60 W. at 750 varas passing S. E. corner of the J. A. Hood survey 2650 varas to S. W. corner of said Hood survey in the E. line of the Renz survey; thence N. 30 W. 650 varas to the S. E. corner of the A. H. Boles survey; thence with S. line of said Boles survey S. 60 W. at 1635 varas passes the S. W. corner of said Boles survey 1848 varas in the N. line of the Wm. McFadden survey; thence west line N. 30 W. at 1129 varas crosses the I. & G. N. Ry, 2208 varas to N. W. corner of this; thence N. 60 E. at 213 varas passes the N. W. corner of the Boles survey at 1847 varas passes the N. E. corner at said Boles survey, said corner being the N. W. corner of the Thompson survey 3747 varas to the N. E. corner of said Thompson survey in the W. line of the A. W. Sullivan survey; thence with said west line N. 30 W. 987 varas passes the N. W. corner of said Sullivan survey, said corner being the S. W. corner of the Garzas survey 1896 varas to the N. W. corner of said Garzas survey; thence N. 60 E. 1100 varas to the N. E. corner of said Garzas survey in the W. line of the Jacob Wilcox survey; thence with said W. line N. 30 W. 280 varas to corner; thence N. 60 E. 2435 varas crosses the E. line of said Wilcox survey, said line being the W. line of the S. Charles Chavalier survey 3000 varas passes on L. corner of said Chavalier survey, and continuing with S. line of said survey 5270 varas to corner in the W. line of the Thomas J. Chambers survey; Thence N. 54 W. 3967 to N. W. corner of said Chambers lease, on the S. bank of Little River; thence down said river with its meanderings to the mouth of said river; thence down the Brazos river with its Meanderings crossing the I. & G. N. Ry, to the place of beginning.

SEC. 3. The management and control of the public free schools within said district is hereby vested in a board of trustees, which board shall be composed of seven persons, resident citizens and qualified voters within said district, and each member of the board, before entering upon the discharge of his duties, shall make and subscribe the usual oath for the faithful and impartial discharge of the duties of his office.

SEC. 4. The board of trustees of the Gause Independent School District shall be a body politic and corporate in law, and, as such, may contract and be contracted with, sue and be sued, plead or be impleaded in any court of this State, of proper jurisdiction, and may receive any gifts, grant, donation or devise made for the use of the public schools of the district.

SEC. 5. The board of trustees of said district shall manage and control the public free schools within said district to the exclusion of every

other authority excepting in so far as the State Superintendent of Education and the State Board of Education may be vested with the general supervisory authority to instruct said board.

SEC. 6. Vacancies in the board shall be filled by a vote of a majority of the members continuing in office. The first election under the provisions of this Act, for trustees, shall be held on the first Saturday in May, 1905. The terms of office of the seven trustees chosen at the first election under this Act shall be divided into two classes, and the members shall draw for the different classes, the four members drawing the numbers one, two, three and four shall serve for one year or part thereof, that is until the first May thereafter, and until their successors are elected and qualified; and the three members drawing the number five, six and seven shall serve for two years, that is, until the second May thereafter, and until their successors are elected and qualified; and regularly thereafter on the first Saturday in May in each year, four trustees and three trustees, alternately, shall be elected for a term of two years, to succeed the trustees whose terms shall at that time expire.

SEC. 7. The said first election to be held shall be ordered by the county judge of Milam county, Texas, notice of same to be given by publication one time in a newspaper published in said district; and all subsequent elections shall be ordered by the board of trustees of said district at least ten days prior to said election, and the secretary of said board shall publish notice of such elections in some newspaper published in his district.

SEC. 8. The trustees elected under this Act shall meet within ten days after such election, or as soon thereafter as possible for the purpose of organizing. A majority of the board shall constitute a quorum to do business; and they shall choose from their number a president, a secretary, treasurer, assessor and collector of taxes, and all other necessary officers and committees. The treasurer shall be required to give bond in double the estimated amount of the receipts coming annually into his hands; the bond shall be made payable to the president of the board, or to his successor in office, and be approved by the board of trustees, conditioned for the faithful discharge of his duties and the payment of the funds received by him upon the draft of the president, drawn upon order, duly entered, of the board of trustees; and he shall be entitled to retain as commission for his services as such treasurer not exceeding 1 per cent of all funds coming into his hands, as ordered by the board; or the board may appoint as treasurer the person who offers satisfactory bond as herein provided, and the best bid of interest on average daily balance for the privilege of acting as such treasurer.

SEC. 9. The assessor and collector of taxes, as herein provided, shall be required to give bond in the sum of three thousand ($3000) dollars. Said bond shall be made payable to the president of the board or to his successor in office, and be approved by the board of trustees, conditioned for the faithful discharge of his duties and the payment of the funds received by him to the treasurer of said board; and he shall be entitled to receive for his services as such assessor and collector not exceeding 1 per cent of all funds so collected by him as such tax collector.

SEC. 10. The officers of said board of trustees may be removed for

misconduct at any time by a majority vote of the members of said board.

SEC. 11. The official duties and authority of the officers of the board. shall conform with the sphere of the business of the board and as may be prescribed and directed by the rules and regulations adopted by said board.

SEC. 12. The board shall prescribe necessary rules for the form and manner of conducting special tax elections, of electing its officers, of appointing and conducting its meetings, of filling vacancies in its membership, of appointing its committees for regulating and facilitating its business in the establishment of schools and the conduct of them, for fixing the mode and manner of electing teachers, and fixing their compensation, within the limits fixed by general law, providing for the investigation of misconduct or incompetency of teachers, and providing for the cancellation of the contract with and discharge of any teacher found guilty upon due investigation and proof of unbecoming conduct, inefficiency, neglect of duty, incompetency, or other fault demanding such cancellation. of contract and discharge, in the interest of good order, discipline and efficiency of the school, and generally to adopt any such rules and regulations as will subserve the efficient and perfect management of the school.

SEC. 13. That the secretary of the board shall receive such compensation for his services as may be allowed by the board, not exceeding five dollars per month.

SEC. 14. A record of minutes of the proceedings of the board shall be kept and recorded in a well bound book, in proper form, which shall be open to inspection of the public.

SEC. 15. The board of trustees shall annually appoint a suitable person to take the necessary census of all children within the district entitled to be enrolled and numbered in the scholastic census for the current year, to the end that said district shall receive its full proportionate share of all the available school funds, and to make report thereof in the prescribed form, as now provided by general law, to the proper State and county authorities. Said person so appointed to take the census shall receive as compensation for his services, to be allowed by said board, a sum not in excess of the amount now allowed by general law for like services.

SEC. 16. The president and secretary when acting in their official capacity as herein provided, are hereby authorized to administer oaths or affirmations, and may use the seal of the board in attestation thereof.

SEC. 17. The board shall provide a suitable seal, with suitable device of its selection, indicative of its official authority, to be used in the authentication of all bonds, warrants, contracts, or other documents executed by authority of the board.

SEC. 18. Said territory comprising said independent school district being now without adequate buildings for the use of the public free schools therein, and the laws of the State now prohibiting the use of any part of the available school fund for any other purpose than the payment of salaries of teachers, making it imperative to borrow money upon the credit of the district bonded for the repayment thereof, with interest to

the lender, in order to secure funds necessary to purchase grounds and erect suitable school buildings in said district and equip and furnish the same, the board of trustees of the Gause Independent School District are hereby authorized to borrow money upon the credit of the district as herein provided, from time to time, as much money for such purpose as the board may deem sufficient, and said board shall have power to levy and collect within said district an annual ad valorem tax of twenty-five cents on the one hundred dollars valuation of taxable property within. the limits of said district, and said board of trustees shall have power to issue coupon bonds of said independent school district, to be made payable at a date not exceeding forty years from date, in such sums as they shall deem necessary and expedient, to bear interest not to exceed five per cent per annuam; provided that when such buildings are erected of wood material the bonds herein provided shall not run for a longer period than twenty years; provided, that the aggregate amount of bonds. issued for the above named purpose shall never reach an amount when the tax of one-fourth of one per cent per annuam on the taxable property within said district, as hereinbefore provided, will not pay current interest and provide a sinking fund sufficient to pay the principal at maturity; and provided, further, that no such tax shall be levied and no such bonds shall be issued until an election shall have been held within said district for the purposes of determining said question whereat two-thirds of the property tax payers voting at said election shall have voted in favor of the levying of said tax and the issuance of said bonds.

SEC. 19. Whenever it shall be necessary to borrow any sum of money to purchase grounds and erect, furnish and equip school buildings thereon, or to make improvements on any school building, used as a public school building, within said district, the board of trustees of said independent school district shall determine the amount of money required for such purposes. Said board shall then ascertain what rate of tax must be levied upon the basis of the value of the taxable property assessable for taxes within said district in order to make the sum of the interest debentures and annual sinking fund that will be required to provide for the payment of the bonds equal in the amount of such sum to be borrowed and the sinking fund and interest charges upon any prior outstanding bonded indebtedness of said independent district, and to pay the cost of collection and disbursement of the taxes and negotiations of the bonds. It shall then immediately cause an election to be held on some secular day, not a legal holiday, within twenty days after the date of ordering such election, of which ten days' prior notice shall be given by the board of trustees by written notice duly posted at three public places within said district, one of which shall be at the postoffice in said town of Gause, and also by publication one week in a newspaper published in said district, at which election all qualified property tax paying voters of the district may vote for or against the proposed tax and bond issue, to determine whether or not the levy of the proposed tax at the rate ascertained as above directed, shall be made; and those in favor of the levying of such tax or the issuance of such bonds shall write or print upon their ballots, "For the tax," and those against the levying of such tax or the issuance of such bonds shall write or print

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