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Author: Subject: 127.300 An Act to Create the County of Lee, 14 Apr 1874
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[*] posted on 5-28-2015 at 09:39 PM
127.300 An Act to Create the County of Lee, 14 Apr 1874


An Act to Create the County of Lee
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Section 1. Be it enacted by the Legislature of the State of Texas, That a new county to be called Lee county be and the same is hereby created and established, with the following area and boundary lines, to-wit: beginning in Washington county, at the north corner of the most northwestern DeWitt survey; thence on a direct line to the junction of Alligator and Turkey Creek; thence down Turkey Creek to its junction with Cedar Creek; thence down Cedar Creek to its confluence with the Yegua; thence up the Yegua to the mouth of the East Yegua; thence up the East Yegua to the point where said stream is crossed by the Milam and Burleson county line; thence with said line to the point where it intersects the northeast boundary line of the Richard Ross survey; thence in a direct line to the point where the third Yegua crosses the Burleson and Bastrop county line on the John Tom league; thence with said county line to the point in said lines nearest the east earner of the Elias Marshall survey; thence in a direct line to the southwest comer of the David G. Green survey in Fayette county; thence in a direct line to the west corner of the A. J. Thompson survey; thence with the northwest boundary line of the same and with the northwest boundary line of the Wood Taylor and the most northwestern DeWitt survey to the place of beginning,

Section 2. That C. Perry, Milton G. York, A. P. Gaines, Solomon Fehr, and O. G. Jones, be and they are hereby appointed commissioners, with full power and authority to organize said county of Lee. That the commissioners aforesaid shall, as soon as practicable after the passage of this act, lay off said county of Lee into five justices precincts; divide each of said justice’ precincts into as many election precincts as they may deem necessary, and designate one place in each of such election precincts at which elections shall be held; select and appoint from among the residents of each election precinct some suitable person to be the presiding officer of such precinct, who shall have all the powers and authority, and shall discharge all the duties of other presiding officers of election.

Section 3. That said commissioners, a majority of whom shall constitute a quorum for the transaction of business, shall, within sixty days from and after the passage of this act, order au election :for such officers as are now elective under the Constitution of this State, giving twenty days notice of said election, by posting notice thereof at such place in each election precinct as may have been designated for holding elections, and said elections shall be held at the place as designated in each of the election precincts within said county of Lee, and shall in all respects be conducted in accordance, with the election laws of this State.

Section 4. That at the same time and place, with the same notice, and in accordance with the same laws, an election shall he held by order of said commissioners, to locate the county seat of Lee county; and the county seat of Lee county shall be located at that place which shall receive a majority of all the votes cast for a county seal at such election; and in case no place within said new county shall receive; such majority. said commissioners shall order another election to locate the county seat, giving ten days notice thereof, at which said election the two places only which received the highest number of votes at the previous election shall be voted for, and the place which shall receive the highest number of votes shall be declared by said commissioners to be the county seat of Lee county.

Secyion 5. That the presiding officer of each election precinct in said county of Lee, shall on or before the day, of election, select two judges and two clerks, from the different political parties, if demanded, so far as practicable, who, together with the presiding officer, shall be the managers of the election in their respective election precincts; and the presiding officer shall administer to each of them an oath that they will each well and truly conduct the election without partiality or prejudice and agreeably to law, according to the nest of their skill and understanding; and one of the judges of election so selected shall, before opening the polls, administer to the presiding officer an oath that he will faithfully and impartially discharge the duties of presiding officer of e1ectiou to the best of his skill and understanding.

Section 6. That the registered voters residing in said county of Lee at the time of the passage of this act, be and they are hereby declared qualified electors at said elections; and said commissioners may, if they deem it necessary, previous to said election, provide for the registration of all persons residing in said county of Lee, who may be entitled to register. and who had not before registered.

Section 7. That the returns of said election shall be made to said commissioners, who shall, within ten days after the election , open them and estimate the result; whereupon they shall issue certificates of election to the persons elected, and make due returns thereof to the Secretary of State, who, upon the receipt of the same, shall, without delay, take the necessary steps to forward commissions of office to the persons duly elected; and any one of said commissioners is hereby authorized and empowered to administer the necessary oaths of office to the county officers who shall be thus elected, and the commissioners shall take from them the bonds of office required by law, and pass upon the same as the law directs.

Section 8. That all the officers elected as hereinbefore specified shall hold their respective offices until the next general election, and until their successors shall be duly elected and. qualified, unless sooner removed for cause according to law; and they shall be qualified to enter upon the discharge of the duties of their respective offices so, soon as they shall have given bond and taken the oath of office.

Section 9. That the commissioners appointed by this act, before entering upon the discharge of their duties, shall take and subscribe an oath before some person authorized to administer the same, to faithfully and impartially discharge their duties as herein prescribed; and any one of said commissioners thus qualified is hereby authorized and empowered to administer the necessary oaths of office to the other commissioners and to all other officers whom it may be necessary for them to appoint in the discharge of their duties as such commissioners.

Section 10. That said commissioners, who shall thus act, shall each be entitled to receive three dollars per day, estimating only the time of actual service in organizing said county of Lee, out of the first money that may come into the treasury of said county.

Section 11. That until said officers shall be elected and qualified, all the territory of said county of Lee shall, for all purposes, belong to those counties respectfully from which the same was taken.

Section 12. That said county of Lee shall constitute a part of the Twenty-ninth Judicial District of the State of Texas, for judicial purposes, and of the Sixteenth Senatorial District for the purpose of representation.

Section 13. That after their organization the county court of said county of Lee be and they are hereby authorized to levy and collect annually for five years a special tax of one-fourth of one per cent on the taxable property within said county, for the purchase of lots and the erection of suitable public buildings at the county seat of said county.

Section 14. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed, so far as relates to the county of Lee, and that this act shall take effect and be in force from and after its passage.

Approved April 14, 1874.
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