868
AMERICAN HISTORICAL ASSOCIATION.
ested-or crossing in them, free of ferria.ge, to be decided by the nlcalcle and a Jury o:f five disinterested men 7-The said McFarlan shall at the end of each six· months after the first year rendei· a true account under oath to the authori- ties of the Town of all ferriages produced by said Ferry dur- ing the six months preceding, in order that the part due to tho Town according to the first article may be ascertaind and collected and should he render an untrue account he shall forfeit the said ferry- 8-Persons owning or renting labors opposite Town shall have the privilege of paying their ferriages by the year in property or produce and should the parties disagree as to the Amount to be paid it shall be decided by the Authority of the Town taking the established rates for a guide 9. The said McFarlan shall signify his acceptance of the ferry on the conditions herein stated by writing at the foot of this grant the following-" I accept of the ferry at the Town of San Felipe de Austin offerd to me by the Commissioner Baron de Bastrop and Empresario Estevan F Austin on the conditions above stated, and I do hereby agree to observe and :fulfil said conditions in all their .parts under the penalties therein prescribecl"-to which he will sign his name before witnesses-and from that Moment all flats or boats which said McFarlan has provided or may have provided for said ferry ·shall become the absolute property of the ferry and in case of a forfeiture thereof by Said McFarlan· they shall revert together with the ferry to the Town to be dis- posed of by the authorities of the Town as public good may require The said John 1vlc,Farlan having Accepted of the grant made to him by the preceecling act, as appears by his written Acceptance thereof above, therefore we the said Baron de Bastrop and Em- presario, Estevan F. Austin do hereby put him the said :McFarlan in full possession of said Ferry with all its uses and profits sub- ject to all the conditions and stipulations above statd and that th;s may have due faith we haYe signed it with assistant witnesses for want of a notary in the manner which the law prescribes at the Town of San Felipe de Austin the-day of·---1824-- E. F. A. B. De B.
ARTHUR G. WAVELL TO AUSTIN
[About July -, 18241]
DE.AR AUSTIN' Let me know how you are getting on in Texas I am sorry to hear such very unfavorable rep_orts ~f the state of your settlement had
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