Act to Incorporate the

Town of Montgomery - 1848

   On February 26, 1848, two years after Texas became a State, the Texas Legislature passed an Act to incorporate the Town of Montgomery, Texas.  Below is a scan of the Act incorporating the Town of Montgomery from The Laws of Texas 1822-1897, Vol. 3 compiled and edited by Hans Peter Mareus Neilson Gammel and published in 1898 (Gammel's Laws of Texas). This statute was originally published in "The Special Laws Passed by the Second Legislature of the State of Texas, Volume II, Houston, Published by Authority, 1848."

 The Laws of Texas 1822-1897, Vol. 3, page 355

Transcription:

355

Laws of the State of Texas.

CHAPTER 191

An Act to Incorporate the Town of Montgomery

   Section 1.  Be it enacted by the Legislature of the State of Texas, That the citizens of the town of Montgomery, in Montgomery county, be, and they are hereby, declared a body politic and corporate, under the name and style of the Corporation of the Town of Montgomery, who shall have the powerof suing and being sued, pleading, and being impleaded, and to hold property real and personal within the limits of said corporation, and at their pleasure to dispose of the same.

   Sec. 2.   Be it further enacted, That the corporate limits of said town shall extend one half mile in every direction from the centre of the public square.

   Sec. 3.   Be it further enacted, That it shall be the duty of the Chief Justice of the county, to order an election to held as early as practicable, after the passage  of this act, upon giving ten days notice thereof, for the election of one Mayor and six Aldermen, a Collector or Constable, Treasurer and Secretary, who shall hold their offices for the term of one year from the time of their election.  In case a vacancy occur by death, resignation or otherwise, the vacancy for the unexpired term shall be filled

(361)

The Laws of Texas 1822-1897, Vol. 3, page 356

Transcription:

356

Laws of the State of Texas.

by a new election, as follows: in case of vacancy in the office of mayor, then the election to be conducted by a quorum of aldermen; but in case of vacancy in the board of aldermen, collector, secretary or treasurer, then the election shall be conducted by the mayor.  All persons residing within the corporation shall be entitled to vote for the above named officers, who are eligible to vote for members of Congress.

   Sec. 4.   Be it further enacted, That the mayor and two-thirds of the aldermen shall constitute a board to transact business.

   Sec. 5.   Be it further enacted, That the collector, treasurer and secretary, shall give bond to the mayor and his successors in office, in such sum, and with such securites, as shall be approved by the mayor and board of aldermen, and that all officers elected by virtue of this act, before entering upon the duties of their office, shall take and subscribe an oath for the faithful performance of the duties of their respective offices.

   Sec. 6.   Be it further enacted, that it shall be the duty of the mayor to cause an election to be held, annually, at least ten days before the expiration of his term of office, for mayor, aldermen, collector, treasurer and secretary, who shall enter upon the duties of their offices respectively, upon the expiration  of the terms of their predecessors.

   Sec. 7.   Be it further enacted, That the mayor shall have jurisdiction, and exercise the powers of a Justice of the Peace over all the offences committed against the ordinances and decrees of the mayor and board of aldermen, within the limits of the corporation.

   Sec. 8.   Be it further enacted, That the mayor and aldermen shall have power to pass such ordinances and decrees as they shall deem necessary for establishing schools, and support of education; for the regulation of the police, and the preservation of order; to prescribe penalties; to levy taxes for the removal of nuisances, keeping the streets in order, and for such other purposes, as the board may deem proper and necessary within the limits of said town: Provided, that such ordinances and decrees shall not conflict with the Constitution and Laws of this State.

   Approved, February 26, 1848.

(362)