[July? —1824]
The Baron de Bastrop Sixth Member of the Most Excellent
Deputation of the Province of Texas and Commissioner of the
Government—and Stephen F Austin Empresario for the establishment [of]
a new Town and Colony in said Province, principal Judge and
exercising the faculties of the Ayuntamiento of said Town and Colony-
using the faculties with which we are invested and considering that
John McFarlan was the first settler at the place where the Town of
San Felipe de Austin is now established, have thought proper to
give and grant and by these presents do give and grant to said John
McFarlan the use of the ferry belonging to said Town of San Felipe
de Austin over the Brazos River at said Town for the term of his
natural life under the following conditions stipulations and
restrictions—
1. After the first year from this date the said McFarlan shall pay
in to the funds of said Town of San Felip de Austin the sum of
twenty five Dollars, untill the amount of ferriages produced by said
ferry shall exceed five hundred Dollars annually after which he shall
pay into the said funds the one half of all ferriages over and above
the said Sum of five hundred Dollars to be paid Semiannually—
2. The said McFarlan is bound to keep a good flat or flats as may
be necessary sufficient to carry over a loaded waggon and team,
provided however that the flat he now has shall be deemed sufficient for
the first year from this date altho it may not be Sufficient to take
over a loaded waggon and team—The ferry flat shall be provided
with banisters or railing on each side extending from the row locks
to the after rake at least three feet high above the gunwale, and with
good flooring and oars—
3. The said McFarlan is bound to give due attendance to said
ferry and to take over all persons or property promptly and
carefully as soon as called on to do so for the rates established by the
Bill of rates dated the — day of---------or which may hereafter be
established by the authorities of the Town and to treat all persons
in a civil Manner—
4—Any persons who are detained by the neglect or refusal of the
ferryman to cross them or who are uncivilly treated without Just
cause shall have the right of recovering damages from said McFarlan
therefor to be assessed by a Jury of five disinterested men to be
summoned by the Alcalde of the district for that purpose—
5. Any complaints against said McFarlin for neglect or violation
of duty as ferry man shall be tried by a Jury of five disinterested
men before the Alcalde and Should they decide unanimously that
he had violated any of the conditions on which the ferry was granted
to him, he shall immediately forfeit the ferry—and the authorities of
the Town shall dispose of it as may be deemd most advantageous to
the interests of the Town and the public conveniance—
6 Every person owning or renting labors opposite Town shall
have the right of Keeping boats for their own private use, and
any number of such persons shall have the right of uniting and
keeping a boat or boats for their own private use in partnership—
provided that the owners of, or persons keeping such boats shall
not cross nor suffer to cross in them any persons or property except
such as belonging to or are used at, or produced on the labors—
under the penalty of paying the amt. of their ferriage to the
ferryman together with the costs of collection and a totol
forfeiture of the privilege of keeping any such boats or being inter-
ested—or crossing in them, free of ferriage, to be decided by the
alcalde and a Jury of five disinterested men
7—The said McFarlan shall at the end of each six months
after the first year render a true account under oath to the
authorities of the Town of all ferriages produced by said Ferry
during the six months preceding, in order that the part due to the
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 prescribed"—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
disposed of by the authorities of the Town as public good may require
E. F. A.
B. De B.
The said John McFarlan having Accepted of the grant made
to him by the preceeding act, as appears by his written Acceptance
thereof above, therefore we the said Baron de Bastrop and
Empresario, Estevan F. Austin do hereby put him the said McFarlan
in full possession of said Ferry with all its uses and profits
subject to all the conditions and stipulations above statd and that tlrs
may have due faith we have 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—