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ORGANIZATION OF
DALLAS COUNTY
(Transcribed by Dorman Holub)
The first legislature
of the State of Texas passed an act March 30th, 1846, creating
Dallas county, consisting of a territory embracing 900 square
miles, or 576,000 acres.
AN ACT CREATING THE COUNTY OF
DALLAS.
SECTION 1. -Be
it enacted by the Legislature of the State of Texas, that all
that territory included within the following limits, in Robertson
and Nacogdoches counties, to wit: Beginning on the southern boundary
line of Fannin county, three miles east of the eastern boundary
of Peters' colony grant; thence, south thirty miles; thence,
west thirty miles, thence, north thirty miles to Fannin county
line; thence east with said line to the beginning-be and the
same is hereby created a new county to be known and called by
the name of Dallas.
SEC. 2.-Be it further enacted, that the inhabitants
residing within said limits, shall be entitled to all the rights
and privileges enjoyed by the inhabitants of the several counties
in the State, except as to the right of separate representation
until entitled by numbers to separate representation and the
rights of having a separate land district.
SEC. 3.-Be it further enacted, that this act
shall take effect from and after its passage.
Approved March 30, 1846.
April 18, 1846, another act was passed by the legislature, and
provided that the town of Dallas should be the county-seat of
Dallas county, and all the courts should of course be held there
until otherwise provided by said legislature. The following is
the act 182
AN ACT TO ESTABLISH THE SEAT
OF JUSTICE OF DALLAS COUNTY.
SECTION 1:-Be
it enacted by the Legislature of the State of Texas, that until
otherwise provided by law the town of Dallas shall be the seat
of justice for Dallas county, and all courts for said county
shall be held thereat.
SEC. 2.-Be it further enacted, that this act
shall be in force from and after its passage.
Approved, 18th April, A. D. 1846.
As the previous acts did not provide for election
of officers or for any one to manage the elections and make returns
of the same, the following act was passed in May, 1846:
AN ACT PROVIDING FOR THE ELECTION
OFFI-CERS FOR DALLAS COUNTY.
SECTION 1.--Be
it enacted by the Legislature of the State of Texas, that John
N. Bryan be and he is hereby authorized to appoint managers to
hold and give notice of an election to be held in Dallas county,
for a chief justice. sheriff, coroner, clerk of the county court
for said county, and that said election be conducted in all respects
according to the existing laws governing elections; and the said
Bryan shall, in the order directing the holding of said election,
require that the returns thereof be made to him within the time
provided by law; and the said Bryan shall give to each person
elected a certificate of his election and make returns of said
election to the Secretary of State.
SEC. 2.-Be it further enacted, that the officers
elected at said election shall enter on the discharge of their
respective duties immediately after giving bond and taking the
oath of office prescribed by law; and that this act shall be
in force from and after its passage.
Approved 12th May, A. A 1846..
In the year 1850 another act of the legislature
was adopted with reference to the seat of justice, as follows:
AN ACT TO PROVIDE FOR FIXING
THE BEAT OF JUSTICE OF THE COUNTY OF DALLAS.
SECTION 1. -
Be it enacted by the Legislature of the State of Texas, that
the second Saturday of May, one thousand eight hundred and forty-eight,
be fixed 9s the day of holding an election in the county of Dallas
for the selection of a suitable place for the permanent location
of the county seat of justice of said county; and it shall be
the duty of the chief justice of said county to give public notice
of the same in writing, to be posted up at the different precincts,
immediately after the passage of this act, and to issue writs
of election to the different precincts, at least ten days prior
to said election.
SEC. 2. --Be it further enacted, that it shall
be the duty of said chief justice to receive and make public
in writing posted up at the different precincts such propositions
as may be offered by the citizens of the county, as inducements
in favor of the selection of places recommended as suitable locations,
for the county seat of said county.
SEC. 3. -Be it further enacted, that the propositions
submitted to the chief justice in compliance with the second
section of this act shall be in the shape of penal bonds, and
shall be collected at the suit of said chief justice or his successor
in office, in the District Court, for the use of the county,
and the proceeds applied to the erection of county buildings.
SEC. 4. -Be it further enacted, that the election
for said county Beat shall be conducted in conformity with the
existing laws regulating elections' at the time thereof, and
the returns made to the chief justice, in ten days after the
election, who shall declare the place receiving the highest number
of votes to be the legal seat of justice of said county, provided,
any one place shall have received a majority of all the votes
polled at Said election; but in the event that no one place shall
receive a majority as aforesaid, then and in that case it shall
be the duty of the chief justice to proceed to order another
election after giving notice as in the first instance, putting
in nomination the two places that have received the greatest
number of votes, which shall be conducted and returns made as
heretofore provided, and the place then receiving the highest
Dumber of votes shall be declared the county seat of justice,
provided it shall not be more than five miles from the center
of said county.
SEC. 5.-Be it further enacted, that William
Jenkins, James J. Beeman, William Hoarde, Micajah Goodwin and
R. J. West, of whom three may constitute a quorum to do business,
shall be and they are hereby appointed commissioners to lay out
and sell lots if necessary, and to superintend the carrying out
of such propositions as may have been made in behalf of the location
selected, and report to the chief justice, whether or not the
bonds containing propositions in favor of said selected place
have been strictly complied with by the makers and obligors of
the same.
SEC. 6.-Be it further enacted, that as Soon
as the county buildings are received by the commissioners and
reported to the chief justice, the clerks of the District and
County Courts, sheriff and district surveyor, shall remove their
offices and papers to the place selected as the county seat,
and all courts thereafter shall be held at the same county seat.
SEC. 7.-Be it further enacted, that all laws
and parts of laws, conflicting with this act are hereby repealed;
and that this act take effect and be in force from and after
its passage.
Approved March 20, 1848.
It is probable that the above failed to meet
requirements in settling this election; so the following act
was passed concerning a general election.
AN ACT TO LOCATE THE BEAT OF
JUSTICE OF DALLAS COUNTY.
SECTION 1 -Be
it enacted by the Legislature of the State of Texas, that the
day of general election for county officers in the year one thousand
eight hundred and fifty be and is hereby fixed as the day for
holding an election in the county of Dallas, for the selection
of a suitable place for the permanent location of the seat of
justice of said county; provided the north boundary of said county
shall be established by that time; and if not, directly after
it is established.
SEC. 2-That the chief justice of said county
shall give public notice of the same in writing, posted tip at
the different precinct at least ten days before the election.
SEC. 3.-That he Shall receive and make public,
in writing as aforesaid, such propositions as may be offered
as inducements in favor of the selection of places recommended
as suitable locations for the seat of justice of said county.
SEC. 4-That the propositions submitted, as
aforesaid, shall be in the Shape of penal bonds, and may be collected
at the suit of said chief justice or his Successors in office,
in the District Court, for the use of the county, and the proceeds
applied to the erection of county buildings for said county.
SEC. 5.-That the election for said county seat
shall be conducted in conformity with the existing laws regulating
elections at the time thereof, and the returns made in ten days
to the chief justice of said county; who Shall declare the place
receiving the highest or greatest number of votes to be the legal
seat of justice of said county; provided any one place shall
have received a majority of all the votes polled at said election;
but in case no one place shall have received a majority as aforesaid,
then the chief justice shall immediately order another election,
giving ten days' notice thereof, posted up as before stated,
putting in nomination the two places that receive the greatest
number of votes; which said election shall be conducted and returns
made as heretofore provided; and the place then receiving the
greatest number of votes shall be declared to be the county seat
of justice of said county; provided it does not exceed five miles
from the center of said county.
SEC. 6-That Rev. James Smith, Amon McComas,
R. J. West, W. J. Walker arid Micajah Goodwin, of whom three
may constitute a quorum to do business, shall be and they are
hereby appointed commissioners to lay out, sell and transfer
lots, if necessary, and to superintend the carrying out of such
proposition as may have been made in favor of the location selected,
and report to the chief justice whether or not the bonds containing
propositions in favor of said place have been strictly complied
with by the makers and obligors of the same.
SEC. 7-That as soon as the county buildings
are received by said commissioners, and reported to the chief
justice, the clerks of the districts and county courts, sheriffs
and county surveyors shall remove their offices and papers to
the place selected for said county seat; and all courts shall
be held thereafter at the said county seat.
SEC. 8-That all laws and parts of laws conflicting
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 Jan. 11, 1850.
Under the above and last act the general election
was held August 5, 1850, for locating the county seat, and resulted
as follows:
For Dallas 191
For Hord's Ridge (now CA Cliff) 178
For Cedar Springs 101
Total 470
236 votes being necessary for a choice,
on the 31st of the same month, August, 1850, another election
was held, resulting thus:
For Dallas 244
For Hord's Ridge 216
Total 460
231 being necessary for a choice, Dallas
was chosen as the county seat. -
The following certificate as to the correctness
of the above acts was - made and certified to by the chief clerk
of the secretary of said State.
STATE OF TEXAS,
DEPARTMENT OF STATE.
I, J. R. Curl, Chief Clerk and acting
Secretary of State of the State of Texas, do hereby certify that
the within and foregoing is a true and correct copy of the acts
of the Legislature of the State of Texas entitled as follows
with date of approval: ,An Act creating the county of Dallas,"
approved March 30, 1846; "An Act to establish the seat of
justice of Dallas county", approved April 18, 1846; "An
Act providing for the election of officers for Dallas county",
approved May 12, 1846; "An Act to provide for fixing the
seat of justice of the county of Dallas," approved March
20, 1848; "An Act to locate the Beat of Justice of Dallas
county", approved January 11, 1850; the original enrolled
bills of said act being now on file in this department.
Witness my official signature and the Seal
of State affixed at the city of Austin, this the 20th day of
April, A. D. 1892.
J. R. CURL,
Chief Clerk and Acting
Secretary of State.
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