The Laws of Texas, 1822-1897 Volume 1 Page: 105
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Laws of Colonization.
may measure the land scientifically, and perform whatever other duties
may be required.
ART. 39.-The government, agreeably to the latest tarif of notaries
public of ihe old ordinance of Mexico, shall designate to the commissioner
his salary, and he, with the consent of the colonists, shall decide
on the dues payable to the land surveyor or surveyors; but the expenses
of both shall be paid by the colonists themselves, and the mode, and the
terms on which each payment shall be made, shall be arranged by an
agreement between all parties.
ART. 40.-As soon as at least 40 families are united, they shall proceed
to the formal establishment of a new town, all binding themselves
by oath, taken before the commissioner, to observe the general Constitution,
and that of the State, and subsequently the commissioner presiding
for this the first time, shall proceed to the election of the municipality.
ART. 41.-The new town whose population amounts to 200 inhabitants
shall elect a corporate body, if there be no other established within
the distance of 8 leagues, but if there be one it shall be added to its
jurisdiction; the number of members of which the corporation is to be
composed shall be regulated agreeably to the existing laws.
ART. 42.-A reservation being made in favour of all the enactments
of the Constitution of the State, the foreign settlers are permitted to
elect and be elected members of the municipal body.
ART. 43.-Each corporate body shall propose to the government,
through the medium of the chief of the civil authorities, a tarif of the
municipal and other charges, accompanying a note of the revenues which
it considers calculated to cover them, and if the plan proposed should be
approved of by the government, it shall order that it shall be carried
into effect, without however in any way interfering with whatever the
Congress may determine, and it shall immediately be made acquainted
with it, together with the opinion of the government, and of the abovementioned
chief of the civil authority, who shall always forward his
opinion on the subject.
ART. 44.-The government shall send to the head of that department
those individuals who in other parts of the State may be sentenced to
hard labour as vagrants or for other crimes, in order that they may be employed
in making and repairing the roads in Texas. These persons may
also be employed in the services of individuals, who shall in that case
pay them the requisite daily allowance, and at the expiration of the
period for which they were condemned, they shall be allowed as settlers
to join any of the netv towns, and to obtain the due quantity of land,
if by the improvement of their conduct they shall, in the opinion of the
aforesaid chief of the civil department, have rendered themselves fit,
but they shall not be admitted without his certificate.
ART. 45.-The government, agreeably to an arrangement with the
proper ecclesiastical authorities, shall see that the new. towns are provided
with a proper number of clergy, and agreeably to an arrangement
with the aforesaid authorities, shall propose to the Congress the salary
which the new settlers are to pay them.
ART. 46.-As regards the introduction of slaves, the new settlers shall
obey the laws already established, and which hereafter may be established
on the subject.
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 1, book, 1898; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth5872/m1/113/: accessed April 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .