County Creation


Submitted by Modene (Knight) Thornton


Section 1.
Be it enacted by the Legislature of the State of Texas,
That all that territory comprised within the following limits, to wit: beginning at the upper corner of Leon County, on the Trinity River; thence with the North West line of said county, south 60 deg. West 29 3/4 miles; thence north 30 deg. west 31 1/2 miles; thence north 60 deg.  east to the Trinity River; thence down the Trinity river with its meanders to the place of beginning; shall be constituted into a new county, and be called Freestone.

Section 2.
Be it further enacted, That William S. Adams, Emanuel Clements, W. G. Harris, Leander Walker, W. S. Simmons, be and they are hereby appointed commissioners, with authority to select not exceeding three places to put in nomination as the county seat of said county (one which shall be at the centre of said county, to be ascertained by actual survey, which survey the said commissioners are hereby authorized to have made at the expense of the county, and the other places shall be within five miles of the centre of said county), and the said commissioners shall the proceed to order an election between the different places put in nomination for the county seat of said county, by giving written notice to be posted up, at not less than five places in said county for the term of one month, which notice shall specify the different places put in nomination and the election to be governed according to the laws regulating elections generally, and the returns made to commissioners herein appointed, at a day and place to be named in the writs of election, not to exceed ten days from and after the day of elections; and said election returns shall not be opened by less than a majority of said commissioners; then if any place nominated at, or within three miles of the centre, shall receive a majority of all the votes given the said commissioners shall put in nomination the two places that received the highest number of votes at the first election, giving fifteen days notice of said election by posting up notices, at not less than five public places in said county, the result of which shall be ascertained as in the first election, provided for in this act: and the place receiving the highest number of votes shall be declared by the said commissioners the county seat of said county; and the said commissioners are hereby required to order the first election contemplated by this act, to be held on the first Monday in December next, or as soon as this act shall come to their knowledge.

Sec. 3.
Be it further enacted, That the commissioners herein appointed, are required to take into consideration in the nominating of places for said county seat, donations in land or n money, as well as eligibility of situation and advantage of timber and water.

Sec. 4.
Be it further enacted, That should said commissioners select a tract of vacant and unappropriated land, on which to locate said county seat, they shall proceed to condemn to the use of county, a quantity of not more than three hundred and twenty acres of the same; and this act shall be a sufficient authority for any authorized surveyor to survey for said county the amount of land pointed out by said commissioners, not to exceed three hundred and twenty acres, in a square form, if preexisting lines will admit of that shape; and when said commissioners, their successors or agents, shall present to the Commissioner of the General Land Office, the receipt of the State Treasurer for the sum of fifty cents per acre in gold or silver, for the amount of land contained in the survey authorized by this act to be made, then the said Commissioner of the General Land Office shall issue a patent to the county of Freestone for said land.

Sec. 5.
Be it further enacted, That this act take effect and be in force from and after its passage.

Approved, September 6, 1850.