Chapter_305-436.xml

<text xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" xsi:schemaLocation="http://www.tei-c.org/ns/1.0 UNTtite%20(1.3).xsd" xmlns="http://www.tei-c.org/ns/1.0" xml:id="TEI">
<body>
<pb n="305" ed="gammelslawsoftexas" /><pb ed="unknown" n="I" />
<div1 type="article">
<head type="main">GENERAL LAWS <lb/>OF <lb/>THE STATE OF TEXAS <lb/>PASSED AT THE <lb/>REGULAR SESSION OF THE EIGHTEENTH LEGISLATURE <lb/>CONVENED <lb/>AT THE CITY OF AUSTIN</head>
<byline>JANUARY 9, 1883, AND ADJOURNED APRIL 13, 1883</byline>
<byline>BY AUTHORITY OF THE STATE OF TEXAS</byline>
<byline>AUSTIN 1883</byline>
<pb n="306" ed="gammelslawsoftexas" /><pb ed="unknown" n="II" />
<pb n="307" ed="gammelslawsoftexas" /><pb ed="unknown" n="1" />
<head type="sub">GENERAL LAWS OF TEXAS.</head>
<div2 type="act">
<head type="main">CHAPTER I.</head>
<opener>
<salute>An Act making an Appropriation for the Mileage and Per Diem Pay of the Members, and Per Diem Pay of the Officers and Employees of the Eighteenth Legislature.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the sum of eighty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated, out of any moneys in the Treasury not otherwise appropriated, for the payment of mileage and per diem of the members, and the payment of the per diem of the officers and employees of the Eighteenth Legislature of the State of Texas.</p>
<p>Sec. 2. The certificate of the Secretary of the Senate, approved by the President thereof, or the certificate of the Chief Clerk of the House, ap<pc force="weak">-</pc><lb break="no" />proved by the Speaker thereof, shall be sufficient evidence to the Comp<pc force="weak">-</pc><lb break="no" />troller, upon which he shall audit the claims and issue warrants upon the Treasurer for the respective amounts.</p>
<p>Sec. 3. And whereas, the Eighteenth Legislature, for the payment of the officers and members of which this law is enacted, is in session, and public policy requires their immediate payment, therefore an emergency exists that, this law take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>January 17, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect from and after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER II.</head>
<opener>
<salute>An Act making an Appropriation to defray the Con<pc force="weak">-</pc><lb break="no" />tingent Expenses of the Eighteenth Legislature.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the sum of thirty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any moneys in the Treasury not otherwise appropriated, to pay the contingent expenses of the Eighteenth Legislature. That (except in cases of accounts for printing done and stationery furnished) the certificate of the chairman of the Committee on Contingent Expenses, that an account has been exam<pc force="weak">-</pc><lb break="no" />ined and approved by said committee, and countersigned by the Presi<pc force="weak">-</pc><lb break="no" />dent of the Senate or the Speaker of the House, as the case may be, shall be sufficient authority to authorize and require the Comptroller of<pb n="308" ed="gammelslawsoftexas" /><pb ed="unknown" n="2" /><fw type="header" place="top">Laws of the State of Texas.</fw>Public Accounts to draw his warrant on the State Treasury for the pay<pc force="weak">-</pc><lb break="no" />ment of any claim against said fund. The accounts for printing and stationery shall take the course prescribed by the Revised Statutes.</p>
<p>Sec. 2. Whereas it is of sufficient public importance that the con<pc force="weak">-</pc><lb break="no" />tingent expenses of the Legislature be promptly paid, in order that the material furnished and labor performed, may be procured at cash prices, and the want of such appropriation to pay the contingent expenses of the Eighteenth Legislature, creates an imperative public necessity that the rule requiring this bill to be read on three several days in each House should be suspended, and it is so suspended, and this act take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>January 19, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect from and after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER III.</head>
<opener>
<salute>An Act entitled An Act to withdraw the Public Lands of the State of Texas, from sale.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That all the public lands heretofore authorized to be sold, under the act entitled &#8220;An Act to provide for the sale of the unappropriated public land of the State of Texas, and the investment of the proceeds of such sale,&#8221; approved July 14, 1879, be and the same is hereby withdrawn from sale; Provided, that nothing contained in this act shall be construed to return the land reserved by an act entitled &#8220;An Act to provide for the sale of a portion of the unappropriated public lands of the State of Texas, and the investment of the proceeds of such sale,&#8221; approved July 14, 1879, and the act amendatory of such act, approved March 11, 1881, to the mass of the public domain, but the same shall be construed to be reserved for the purposes for which said land was originally set apart and designated by said act, until the Legislature shall otherwise provide.</p>
<p>Sec. 2. Whereas these lands are being daily sold, to the great detri<pc force="weak">-</pc><lb break="no" />ment of the State, an imperative public necessity exists for the immedi<pc force="weak">-</pc><lb break="no" />ate passage of this act, and that the constitutional rule requiring bills to be read on three several days should be suspended and this bill take ef<pc force="weak">-</pc><lb break="no" />fect from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>January 22, at one o&#8217;clock and thirty minutes, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect from and after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER IV.</head>
<opener>
<salute>An Act to amend Articles 245 and 247 of the Revised Statutes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Articles 245 and 247 be amended so as to read as follows:</p>
<p>Article 245. A county attorney for counties in which there is not a resident criminal district attorney shall be elected by the qualified voters of each county, who shall be commissioned by the Governor and hold his office for the term of two years.</p>
<p>Article 247. When a resident criminal district attorney is elected rand has qualified, and there is in the county of his residence, a county<pb n="309" ed="gammelslawsoftexas" /><pb ed="unknown" n="3" /><fw type="header" place="top">Laws of the State of Texas.</fw>attorney, such county attorney shall cease to perform the functions of such office, and there shall be no county attorney in such county during the time there may be a resident criminal district attorney therein. By the term, criminal district attorney, is meant an attorney for a crim<pc force="weak">-</pc><lb break="no" />inal district court.</p>
<closer>
<dateline>Approved <date>January 24, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER V.</head>
<opener>
<salute>An Act authorizing the Commissioner of the General Land Office to employ additional Clerks, and fixing their Salaries.</salute>
</opener>
<p>Section. 1. Be it enacted by the Legislature of the State of Texas: That the Commissioner of the General Land Office be and is hereby au<pc force="weak">-</pc><lb break="no" />thorized to employ six additional assistant clerks in the General Land Office for not more than ninety days after the passage of this act, at, a salary not exceeding seventy-five dollars per month for each clerk.</p>
<p>Sec. 2. The fact that over four thousand surveys have not yet been reached for examination, and the further, fact that work on other files are necessarily suspended till these surveys are examined and indexed, cre<pc force="weak">-</pc><lb break="no" />ates an imperative public necessity that the rule requiring bills to be read on three several days, should be suspended and an emergency exists that it take effect and be in force from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>January 26, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect from and after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER VI.</head>
<opener>
<salute>An Act to withdraw from sale, all the School, Uni<pc force="weak">-</pc><lb break="no" />versity and Asylum Lands, heretofore by any law of this State au<pc force="weak">-</pc><lb break="no" />thorized to be sold.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That all the school, university and asylum lands heretofore authorized by any law of this State to be sold, are hereby withdrawn from sale from the passage of this act until after the expiration of ninety days from the adjournment of the Legislature.</p>
<p>Sec. 2. All laws and parts of laws in conflict with this act are hereby suspended until ninety days after the adjournment of this Legislature.</p>
<p>Sec. 3. Whereas these lands are being daily sold, to the great detri<pc force="weak">-</pc><lb break="no" />ment of the State and an imperative public necessity exists for the im<pc force="weak">-</pc><lb break="no" />mediate passage of the same, the constitutional rule requiring bills to be read on three several days should be suspended, and this bill take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>February 3, 1883, a.t 10 o&#8217;clock and 30 minutes a. m.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect from and after its passage.</p>
</div2>
<pb n="310" ed="gammelslawsoftexas" /><pb ed="unknown" n="4" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER VII.</head>
<opener>
<salute>An Act concerning Public Lands heretofore surveyed by Railroads, or Corporations, or any Company or Person, for the benefit of Public Free Schools of this State.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That any and all public lands heretofore surveyed by railroads or cor<pc force="weak">-</pc><lb break="no" />porations, or any company or any person in this State, for the benefit of the public free schools of this State, by virtue of any certificate, valid or invalid, void or voidable, be and the same are hereby declared to be lands belonging to the public free schools of this State.</p>
<p>Sec. 2. All laws and parts of laws in conflict with this act be and the same are hereby repealed.</p>
<p>Sec. 3. Whereas, the protection of the interest of the public free schools creates an imperative public necessity for the suspension of the constitutional rule which requires that all bills be read on three several days, said rule is therefore suspended, and an emergency exists that this act should take effect from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved at <date>2 o clock p. m., February 3, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect from and after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER VIII.</head>
<opener>
<salute>An Act to amend Article 1265, of Chapter 8, Title 29 of the Revised Civil Statutes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 1265 of Chapter 8, Title 29, of the Revised Civil Statutes of this State, be amended so that it shall hereafter read as follows: viz:</p>
<p>Article 1265. &#8220;An answer setting up any of the following matters, unless the truth of the pleadings appear of record, shall be verified by affidavit</p>
<p>1. That the suit is not commenced in the proper county.</p>
<p>2. That the plaintiff has not legal capacity to sue.</p>
<p>3. That the plaintiff is not entitled to recover in the capacity in which he sues.</p>
<p>4. That there is another suit pending in this State between the same parties for the same cause of action.</p>
<p>5. That there is a defect of parties plaintiff or defendant.</p>
<p>6. A denial of partnership as alleged in the petition, whether the same be on the part of the plaintiff or defendant.</p>
<p>7. That the plaintiff or defendant alleged in the petition to be duly incorporated, is not duly incorporated.</p>
<p>8. A denial of the execution by himself, or by his authority, of any instrument in writing upon which any pleading is founded in whole or in part, and charged to have been executed by him, or by his authority, and not alleged to be lost or destroyed. Where such instrument in writing is charged to have been executed by a person then deceased, the affidavit will be sufficient if it state, that the affiant has reason to believe, and does believe that such instrument was not executed by the decedent or by his authority.</p>
<p>9. A plea denying the genuineness of the endorsement or assignment of a written instrument, as required by Article 271.</p>
<pb n="311" ed="gammelslawsoftexas" /><pb ed="unknown" n="5" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>10. That a written instrument upon which a pleading is founded, is without consideration, or that the consideration of the same has failed in whole or in part.</p>
<p>11. That an account which is the foundation of the plaintiffs action, and supported by an affidavit is not just, and in such case the answer shall set forth the items and particulars which are unjust.</p>
<p>12. That the contract sued upon is usurious.</p>
<closer>
<dateline>Approved <date>February 5, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER IX.</head>
<opener>
<salute>An Act amending Article 4000 of the Revised Civil Statutes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 4000 of the Revised Civil Statutes be amended so as to read as follows:</p>
<p>Article 4000. &#8220;There shall be printed not less than eight thousand &#8220;copies of the laws of a general nature, and as many more as the printing &#8220;board may require, not to exceed twelve thousand in all; and fifteen hun<pc force="weak">-</pc><lb break="no" />"dred copies of the special laws, including all acts for the private relief, &#8220;all acts incorporating towns and cities, all acts having a local applica<pc force="weak">-</pc><lb break="no" />"tion, all acts of a personal nature, and all acts incorporating private as<pc force="weak">-</pc><lb break="no" />"sociations, of every description that may be passed at each session of &#8220;the Legislature, and one thousand copies of the journals of each house &#8220;of the Legislature.&#8221;</p>
<p>Sec. 2. Whereas, the type is set from day to day for the publication of the journal, and the same can now be done at a saving of expense to the State; therefore an imperative public necessity and emergency exist that the constitutional rule requiring this bill to be read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>February 6, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER X.</head>
<opener>
<salute>An Act to amend Article 240, of Title 8, Chapter 6, of the first section of an Act entitled &#8220;An Act to adopt and establish a Penal Code and a Code of Criminal Procedure for the State of Texas&#8221; passed February 21, 1879.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 240, of Title 8, Chapter 6 of the first section of an act en<pc force="weak">-</pc><lb break="no" />title &#8220;An Act to adopt, and establish a Penal Code and a Code of Crim<pc force="weak">-</pc><lb break="no" />inal Procedure for the State of Texas," passed February 21, 1879, be so amended as to hereafter read as follows:</p>
<p>Article 240. If any officer authorized by law to demand or receive fees of office, or any person employed by such officer, shall wilfully de<pc force="weak">-</pc><lb break="no" />mand, or receive higher fees than are allowed by law, or shall wilfully de<pc force="weak">-</pc><lb break="no" />mand or receive fees not allowed by law, he shall be punished by fine not less than twenty-five, nor more than one hundred dollars for each offense.</p>
<closer>
<dateline>Approved <date>February 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<pb n="312" ed="gammelslawsoftexas" /><pb ed="unknown" n="6" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XI.</head>
<opener>
<salute>An Act to diminish the civil jurisdiction of the County Court of Morris County and to conform the jurisdiction of the District Court to such change.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the County Court of the County of Morris shall have and exer<pc force="weak">-</pc><lb break="no" />cise general jurisdiction of probate courts, to probate wills, to appoint guardians for minors, idiots, lunatics, persons non compos mentis and common drunkards, to grant letters testamentary and of administration, to settle accounts of executors, administrators and guardians, and to transact all business appertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis and common drunk<pc force="weak">-</pc><lb break="no" />ards, including the partition, settlement and distribution of the estates of deceased persons, and to apprentice minors as prescribed by law and to issue all writs and process necessary to the enforcement of their jurisdic<pc force="weak">-</pc><lb break="no" />tion and to punish contempts under such provisions as are, or may be provided by law throughout the State.</p>
<p>Sec. 2. That said County Court shall have original jurisdiction over all misdemeanors, except those involving official misconduct and said court shall also have appellate jurisdiction in criminal cases of which justices of the peace and other inferior tribunals of said county have original jurisdiction.</p>
<p>Sec. 3. That said County Court shall have jurisdiction in the judg<pc force="weak">-</pc><lb break="no" />ment and forfeiture of all bonds and recognizances taken in criminal cases, of which cases said court has jurisdiction.</p>
<p>Sec. 4. That the County Judge of said county shall have authority, either in term time, or in vacation to grant writs of certiorari, man<pc force="weak">-</pc><lb break="no" />damus and all other writs and process necessary to the enforcement of the jurisdiction of said court and shall also have power to issue writs of habeas corpus in all cases in which the Constitution has not conferred the power on the District Court, or the judge thereof.</p>
<p>Sec. 5. That the district court of said county shall have jurisdiction in all civil matters and cases over which the county court of said county has jurisdiction under the general laws of this State, except as otherwise provided in this act and all such cases are hereby transferred to the dis<pc force="weak">-</pc><lb break="no" />trict court of said county and all writs and processes issued out of the county court in said cases shall be valid and the same shall be returnable to the next term of the district court to be held in and for said county.</p>
<p>Sec 6. That the clerk of the court of the county aforesaid be and he is hereby required within twenty days after the passage of this act to make a fair and complete transcript of all the entries on his civil docket theretofore made in cases which by the provisions of this act are trans<pc force="weak">-</pc><lb break="no" />ferred to the district court of said county and file the same together with the original papers of all said cases, together with a certified bill of the costs in each case with the clerk of the district court of said county and all such cases shall immediately be docketed and numbered con<pc force="weak">-</pc><lb break="no" />secutively by the clerk of said court beginning with the lowest number and shall stand on the docket, of said court as appearance cases for the next term of said court: And for making up said transcript, said clerk shall receive twenty cents for each hundred words, and fifty cents for each certificate, to be taxed as costs against the party cast in the action.</p>
<p>Sec. 7. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.</p>
<pb n="313" ed="gammelslawsoftexas" /><pb ed="unknown" n="7" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 8. Whereas, the immediate operation of the provisions of this act will save the county herein named a large and unnecessary expense, and thereby an emergency exists, which justifies that this act take effect and be in force from and after its passage and it is so enacted; and whereas, the time for holding the term for civil business in said county is near at hand creates an imperative public necessity which authorizes the suspension of the rule requiring this bill to be read on three several days, and said rule is so suspended.</p>
<closer>
<dateline>Approved <date>February 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XII.</head>
<opener>
<salute>An Act to prevent certain county officers, their depu<pc force="weak">-</pc><lb break="no" />ties and employees from purchasing property at tax sales.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That if any sheriff, or collector of taxes of any county in this State, dep<pc force="weak">-</pc><lb break="no" />uty sheriff, or deputy collector, or any employee of such sheriff or collec<pc force="weak">-</pc><lb break="no" />tor authorized by him to collect or receive taxes, or to assist in any way in making sales for the collection of taxes, shall in the county where he resides, bid for, purchase, or attempt to purchase, or. be in any way inter<pc force="weak">-</pc><lb break="no" />ested in the purchase of any property, either real or personal, at any sale of such property, made or attempted to be, for the collection of State and county taxes, or either, he shall be fined not less than ten, nor more than one thousand ($1000) dollars and any such officer so offending shall be deemed guilty of official misconduct and upon conviction shall be removed from office.</p>
<closer>
<dateline>Approved <date>February 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XIII.</head>
<opener>
<salute>An Act making an appropriation for the deficiency in the amount appropriated for Public Printing for the year begin<pc force="weak">-</pc><lb break="no" />ning Feb. 28, 1882, and ending Feb. 28, 1883.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That three thousand dollars or so much thereof as may be necessary, be appropriated out of any monies in the Treasury, not otherwise appropri<pc force="weak">-</pc><lb break="no" />ated, to supply the deficiency in the amount appropriated for public print<pc force="weak">-</pc><lb break="no" />ing for the year beginning Feb. 28, 1882, and ending Feb. 28, 1883.</p>
<p>Sec. 2. The fact that the appropriation for the purpose above speci<pc force="weak">-</pc><lb break="no" />fied, has been exhausted, and there is now no money in the Treasury sub<pc force="weak">-</pc><lb break="no" />ject to drafts, for current printing, creates an imperative public neces<pc force="weak">-</pc><lb break="no" />sity requiring that the constitutional rule that bills be read on three several days be suspended, and that this bill take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>February 10, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<pb n="314" ed="gammelslawsoftexas" /><pb ed="unknown" n="8" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XIV.</head>
<opener>
<salute>An Act to amend Article 800, of Chapter 3, Title 9 of the second section of &#8220;An Act to adopt and establish a Penal Code and a Code of Criminal Procedure for the State of Texas,&#8221; passed February 21, 1879.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 800, Chapter 3 of Title 9 of the second section of &#8220;An Act to. adopt and establish a Penal Code and a Code of Criminal Procedure for the State of Texas,&#8221; passed February 21st 1879, be so amended as to read as follows:</p>
<p>Article 800. When the same defendant has been convicted in two, or more cases, and the punishment assessed in each case, is confinement in the penitentiary, or the county jail for a term of imprisonment, judg<pc force="weak">-</pc><lb break="no" />ment and sentence shall be rendered and pronounced in each case in the same manner as if there had been but one conviction, except that the judgment in the second and subsequent convictions shall be, that the punishment shall begin when the judgment and sentence in the preced<pc force="weak">-</pc><lb break="no" />ing conviction have ceased to operate, and the sentence and execution thereof shall be accordingly.</p>
<closer>
<dateline>Approved <date>February 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XV.</head>
<opener>
<salute>An Act requiring the printing and publication of two thousand five hundred copies of the General Laws of the Sixteenth and Seventeenth Legislatures and the General Laws of the called ses<pc force="weak">-</pc><lb break="no" />sion of the Sixteenth Legislature.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the Printing Board are authorized and required to contract for the printing and publication, for the use of the State, of two thousand five hundred copies of the General Laws of the regular and called sessions of the Sixteenth Legislature, and the same number of copies of the General Laws of the regular session of the Seventeenth Legislature.</p>
<p>Sec. 2. There not being a sufficient number of copies of the above laws in existence for the use of the officers of the State, creates an emer<pc force="weak">-</pc><lb break="no" />gency requiring that this law take effect and be in force from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>February 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Tabes effect immediately.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XVI.</head>
<opener>
<salute>An Act to amend Article 1135, Chapter 1, Title 28, of the Revised Civil Statutes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 1135, Chapter 1, Title 28 of the Revised Civil Statutes, be and the same is hereby amended so as to hereafter read as follows:</p>
<p>Article 1135. The county judge shall keep his office at the county seat of the county and shall attend at said office from day to day. He shall not absent himself from the county, or the State without the per<pc force="weak">-</pc><lb break="no" /><pb n="315" ed="gammelslawsoftexas" /><pb ed="unknown" n="9" /><fw type="header" place="top">Laws of the State of Texas.</fw>mission of the commissioners&#8217; court, to be entered on the minutes of the court, nor shall be so absent himself with such permission for a longer period than ninety days.</p>
<closer>
<dateline>Approved <date>February 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XVII.</head>
<opener>
<salute>An Act to amend Articles 669 and 670 of the Code of Criminal Procedure.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Articles 669 and 670 of the Code of Criminal Procedure be amended so as to read as follows:</p>
<p>Article 669. When two or more defendants are jointly prosecuted, they may sever in the trial upon the request of either.</p>
<p>Article 670. When a severance is claimed, the defendants may agree upon the order in which they are to be tried, but in case of their failure to agree, the court shall direct the order of trial.</p>
<closer>
<dateline>Approved <date>February 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XVIII.</head>
<opener>
<salute>An Act to provide for the Purchase of a Site for, and the Establishment, Location and Construction of a Branch Asylum in North Texas, for the Care and Treatment of the Insane, and to make an appropriation therefor.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That there shall be established and maintained, a branch asylum for the care and treatment of the insane, the same shall be located at least one hundred and fifty miles from the city of Austin, and in North Texas.</p>
<p>Sec. 2. The Governor shall appoint three commissioners, who shall select the site for said branch asylum, who shall receive the sum of five dollars per day, and their actual and necessary expenses incurred during the time of such service, which time shall not exceed thirty days; their accounts to be certified by the president of said board of commissioners, and approved by Governor, which shall be sufficient evidence to the Comptroller upon which to audit the claims, and draw his warrant upon the Treasurer for the respective amounts; and said board of commis<pc force="weak">-</pc><lb break="no" />sioners, in selecting the site for said asylum, shall make such selection with a view to its accessibility and convenience to the greatest number of inhabitants; the supply of water, building material and fuel, drainage, fertility of soil and healthfulness, and the same shall contain at least four hundred acres and not more than two thousand acres of land.</p>
<p>Sec. 3. That when said board shall have made their report to the Governor, and the same has been approved by him, they shall, after thorough investigation, take title to the land selected, in the name of the State, for the use and benefit of the State Lunatic Asylum.</p>
<p>Sec. 4. The Governor of the State shall appoint, a board of managers to consist of five persons, citizens of the State, who shall be governed by existing laws, and whose duties shall be the same as now prescribed by Title 8 of the Revised Civil Statutes.</p>
<pb n="316" ed="gammelslawsoftexas" /><pb ed="unknown" n="10" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 5. The Governor shall appoint, by and with the consent and ad<pc force="weak">-</pc><lb break="no" />vice of the Senate, a superintendent of said branch asylum, whose duties, qualifications, terms of office and emoluments shall be the same as are now or may hereafter be provided by law for the Superintendent of the Lunatic Asylum.</p>
<p>Sec. 6. The support and general management of said asylum shall be the same in every respect as are provided in Title 8 of the Revised Civil Statutes.</p>
<p>Sec. 7. That the superintendent of said asylum and a building super<pc force="weak">-</pc><lb break="no" />visor, who shall be employed by the Governor, shall supervise the con<pc force="weak">-</pc><lb break="no" />struction of all buildings erected upon said asylum grounds, as provided for in this act.</p>
<p>Sec. 8. That there shall be. constructed, upon said grounds, so se<pc force="weak">-</pc><lb break="no" />lected, permanent and substantial buildings, sufficient to accommodate at least five hundred inmates; said buildings to be provided with mod<pc force="weak">-</pc><lb break="no" />ern improvements for furnishing water, heat, ventilation and sewerage; and the Governor shall immediately after the passage of this act, and receiving the report of the commission provided for in the second sec<pc force="weak">-</pc><lb break="no" />tion of this bill, advertise for plans and specifications for said buildings for sixty days, and he, together with the Comptroller and Treasurer, shall let the contract for the construction of said building, according to such plan and specifications as they may adopt, to the lowest responsible bidder, who shall give a good and sufficient bond for the completion of the buildings, according to the contract.</p>
<p>Sec. 9. That there shall be appropriated out of the general revenue of this State, not otherwise appropriated, the sum of two hundred thou<pc force="weak">-</pc><lb break="no" />sand dollars for the payment of the lands selected for a site, and ex<pc force="weak">-</pc><lb break="no" />penses incurred in procuring same, and for the advancement of the im<pc force="weak">-</pc><lb break="no" />provements herein provided for, and it is further provided, that sixty thousand dollars, or so much thereof as may be necessary, may be ex<pc force="weak">-</pc><lb break="no" />pended in the erection of temporary buildings upon the site selected, for the immediate accommodation, care, maintenance and treatment of the insane.</p>
<p>Sec. 10. Whereas, there are a large number of insane persons in the jails throughout this State, who are much in need of immediate treat<pc force="weak">-</pc><lb break="no" />ment, and whose condition is growing worse from their confinement, cre<pc force="weak">-</pc><lb break="no" />ates a public emergency and imperative necessity that the constitutional rule requiring this bill to be read on three several days be suspended, and that the same take effect from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>February 16, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XIX.</head>
<opener>
<salute>An Act making a special appropriation for the sup<pc force="weak">-</pc><lb break="no" />port of the Supreme Court at Galveston, Tyler and Austin.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the following sums of money, or so much thereof as may be neces<pc force="weak">-</pc><lb break="no" />sary, be and the same are hereby appropriated, out of any money in the treasury not otherwise appropriated, for the support of the Supreme Court at Galveston, Tyler and Austin for the year ending February 28th,<pb n="317" ed="gammelslawsoftexas" /><pb ed="unknown" n="11" /><fw type="header" place="top">Laws of the State of Texas.</fw>1883. For fire-proof safe $300. For furniture, repairing, carpeting and furnishing court rooms and judges rooms $1000. For postage and contin<pc force="weak">-</pc><lb break="no" />gent expenses $500. For purchase of law books for library $1000. Which amounts, or so much thereof as may be required, shall be expended un<pc force="weak">-</pc><lb break="no" />der the direction and with the approval of the Chief Justice of the Su<pc force="weak">-</pc><lb break="no" />preme Court.</p>
<p>Sec. 2. Whereas, there is no appropriation for the purposes enumer<pc force="weak">-</pc><lb break="no" />ated in this bill and the same being necessary immediately, therefore an imperative public necessity and an emergency exists that the constitu<pc force="weak">-</pc><lb break="no" />tional rule requiring this bill to be read on three several days, be sus<pc force="weak">-</pc><lb break="no" />pended and that this act take effect and be in force from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>February 16, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XX.</head>
<opener>
<salute>An Act to amend Article 1083 of the Code of Criminal Procedure of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 1083 of the Code of Criminal Procedure of the State of Texas, be so amended as to hereafter read as follows:</p>
<p>Article 1083. Grand jurors shall each receive two dollars per day for each day and for each fraction of a day that they may serve as such.</p>
<p>Sec. 2. Whereas, grand juries are now in session in many counties of this State, who are justly entitled to the benefits of this law, therefore an emergency exists that this law shall take effect and be in force from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>February 16, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXI.</head>
<opener>
<salute>An Act to Provide for the Improvement and Repair of the Lunatic Asylum and the Enlargement of the Asylum Grounds, and to make an Appropriation therefor.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That there shall be appropriated out of the general revenues of the State, not otherwise appropriated, the sum of seventy-five thousand dollars, or so much thereof as may be necessary, for the purpose of purchasing land, stock, furniture, putting in heating apparatus, supplying gas, erecting an addition to the old asylum building, kitchen and laundry buildings and furnishing same, repairing old buildings and water closets, drainage, re<pc force="weak">-</pc><lb break="no" />placing wooden with iron stairways in new building, erecting offices, cot<pc force="weak">-</pc><lb break="no" />tages and four temporary buildings, the same to be expended under the direction of the Board of Managers of the State Lunatic Asylum.</p>
<p>Sec. 2. Whereas there are a number of insane persons in the State who are confined in the jails and as it is the duty of the Legislature to make immediate provision for their relief, therefore an imperative pub<pc force="weak">-</pc><lb break="no" />lic necessity exists that the rule requiring this bill to be read on three<pb n="318" ed="gammelslawsoftexas" /><pb ed="unknown" n="12" /><fw type="header" place="top">Laws of the State of Texas.</fw>several days in each House should be suspended, and an emergency that this act should take effect and be in force from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>February 16, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXII.</head>
<opener>
<salute>An Act to amend Article 1000, of Chapter 1, Title 13, of the second section of An Act to adopt and establish a renal Code and Code of Criminal Procedure for the State of Texas,&#8221; passed February 21st, 1879.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 1000, of Chapter 1, Title 13, of the second section of &#8220;An Act to Adopt and establish a Penal Code and a Code of Criminal Pro<pc force="weak">-</pc><lb break="no" />cedure for the State of Texas,&#8221; passed February 21st, 1879, be so amended as to read as follows:</p>
<p>Article 1000. If other persons than the justice, jurors, counsel for the State, and the accused and his counsel are present at the inquest, they shall not interfere with the proceedings, and no question shall be asked a witness except by the justice, the accused or his counsel, counsel for the State or jurors, and the justice may fine any person violating this article for contempt of court, in any sum not to exceed twenty dol<pc force="weak">-</pc><lb break="no" />lars, and may cause such person to be placed in the custody of a peace officer and removed from the presence of the inquest.</p>
<closer>
<dateline>Approved <date>February 16, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXIII.</head>
<opener>
<salute>An Act to amend Articles 314 and 315, Chapter 3, Title 9, of the Penal Code of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Articles 314 and 315, Chapter 3, Title 9 of the Penal Code, be and they are hereby amended so as to hereafter read as follows:</p>
<p>Article 314. If any person shall go into, or near any public place, or into or near any private house and shall use loud and vociferous or obscene, vulgar or indecent language, or swear or curse, or yell or shriek or expose his person, or rudely display any pistol or other deadly weapon, in a manner calculated to disturb the inhabitants of such public place or private house, he shall be fined in any sum not exceeding one hundred dollars.</p>
<p>Article 315. A public place within the meaning of the two preced<pc force="weak">-</pc><lb break="no" />ing articles, is any public road, street or alley, of a town or city, or any inn, tavern, store, grocery or workshop, or place at which people are assembled or to which people commonly resort for purposes of business, amusement, recreation or other lawful purpose.</p>
<closer>
<dateline>Approved <date>February 19, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<pb n="319" ed="gammelslawsoftexas" /><pb ed="unknown" n="13" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XXIV.</head>
<opener>
<salute>An Act amendatory of an Act to amend section eleven of an Act entitled &#8220;An Act to protect the Wool Growing In<pc force="weak">-</pc><lb break="no" />terest of the State of Texas,&#8221; approved March 25th, 1879, and of an Act amendatory thereof, approved March 9, 1881.</salute>
</opener>
<p>Section 1. &#8220;Be it enacted, by the Legislature of the State of Texas: &#8220;That Section 11 of an act of the Legislature of the State of Texas, en<pc force="weak">-</pc><lb break="no" />titled &#8220;An act to protect the wool growing interest of the State of &#8220;Texas,&#8221; approved March 25 A. D. 1879,&#8221; shall be amended so as to &#8220;read as follows:</p>
<p>&#8220;Sec. 11. The following counties shall be exempted from the pro<pc force="weak">-</pc><lb break="no" />"visions of this act: viz: Anderson, Angelina, Bowie, Cass, Chambers, &#8220;Cherokee, Collin, Dallas, Delta, Denton, Ellis, Fannin, Fayette, Fort &#8220;Bend, Franklin, Freestone, Grimes, Gregg, Hardin, Hill, Harris, Harri<pc force="weak">-</pc><lb break="no" />&#8220;son, Hunt, Henderson, Hopkins, Houston, Jasper, Jefferson, Johnson, &#8220;Kaufman, Lamar, Lee, Liberty, Leon, Madison, Marion, Montgomery, &#8220;Morris, Nacogdoches, Newton, Orange, Panola, Polk, Rains, Red River, &#8220;Rusk, Sabine, San Augustine, San Jacinto, Smith, Shelby, Titus, Trin<pc force="weak">-</pc><lb break="no" />&#8220;ity, Tyler, Van Zandt, Wood, Walker, Waller, Colorado and Upshur.&#8221;</p>
<p>Sec. 2. Whereas there are large flocks of sheep, many of which are diseased with scab, now being held in counties heretofore exempted from the provisions of said act, and which are not so exempted in this amend<pc force="weak">-</pc><lb break="no" />ment, whereby the interest of the wool growers, of such counties is greatly impaired, there is therefore an imperative public necessity for the immediate passage of this act, and that it take effect from and after its passage.</p>
<closer>
<dateline>Passed <date>February 1, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
<p>The foregoing act was presented to the Governor of Texas for his ap<pc force="weak">-</pc><lb break="no" />proval on the first day of February, 1883, and was not signed by him, nor returned to the House in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.</p>
<closer>
<signed>JOS. W. BAINES, Secretary of State.</signed>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXV.</head>
<opener>
<salute>An Act to repeal &#8220;An Act to persons who have been Permanently Disabled by Wounds received while in the service of this State or of the Confederate States, a Land Certificate for 1280 Acres of Land.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That an act entitled &#8220;An act granting to persons who have been perma<pc force="weak">-</pc><lb break="no" />nently disabled by wounds received while in the service of this State or of the Confederate States, a land certificate for 1280 acres of land,&#8221; ap<pc force="weak">-</pc><lb break="no" />proved April 9th, 1881, be and the same is hereby repealed.</p>
<p>Sec. 2. The fact that the vacant public domain is exhausted, creates an emergency which requires that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Passed <date>February 2, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
<pb n="320" ed="gammelslawsoftexas" /><pb ed="unknown" n="14" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>The foregoing act was presented to the Governor of Texas for his ap<pc force="weak">-</pc><lb break="no" />proval on second of February, 1883, and was not signed by him, nor re<pc force="weak">-</pc><lb break="no" />turned to the House in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.</p>
<closer>
<signed>JOS. W. BAINES, Secretary of State.</signed>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXVI.</head>
<opener>
<salute>An Act to restore the Jurisdiction of the County Courts of the Counties of Parker, Uvalde, Red River and Starr, and to restore Criminal Jurisdiction to the County Court of Henderson County, and to repeal all laws in conflict therewith.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That all the civil and criminal jurisdiction which the county court of Parker, Starr and Uvalde counties had, and that all the criminal jurisdic<pc force="weak">-</pc><lb break="no" />tion which the county court of Henderson county had, under the Consti<pc force="weak">-</pc><lb break="no" />fution and laws of the State of Texas prior to the twenty-fifth day of February 1881, be and the same is hereby fully restored, and that so much of the act approved February 25th 1881, entitled &#8220;An act to dimin<pc force="weak">-</pc><lb break="no" />ish the civil and criminal jurisdiction of the county courts of Henderson, Parker, Uvalde, Lampasas, Blanco, Bexar, Kimble, Nueces, Gillespie,<pc force="weak">-</pc><lb break="no" />Kendall, Wheeler, Oldham, Bandera, Wharton, McMullen, Medina, Frio, Dimmit, LaSalle, Hidalgo, Starr, Zapata, Duval and Burnet counties, and to conform the jurisdiction of the district and justices&#8217; courts of said counties to such change,&#8221; as relates to Parker, Uvalde and Starr counties, and as relates to the criminal jurisdiction of the county court of Henderson county be and the same is hereby repealed.</p>
<p>Sec. 2. That all the civil and criminal jurisdiction which the county court of Red River county had under the Constitution and laws of Texas prior to the 8th day of July 1879, be and the same is hereby fully re<pc force="weak">-</pc><lb break="no" />stored, and that so much of the act entitled &#8220;An Act to diminish the civil and criminal jurisdiction of the county courts of Erath, Comanche, Eastland, Red River, Palo Pinto, Stephens, Throckmorton, Taylor, Calla<pc force="weak">-</pc><lb break="no" />han, Panola, Cass, and Bowie counties, and conform the jurisdiction of the district courts of said counties to such change,&#8221; approved July 8th, 1879, as relates to Red River county, be and the same is hereby repealed.</p>
<p>Sec. 3. That all causes now pending in the district courts of the counties of Parker, Uvalde, Red River and Starr, and all criminal causes now pending in the district court of Henderson county, over which the county courts of said counties have exclusive jurisdiction under the pro<pc force="weak">-</pc><lb break="no" />visions of this act, and the laws giving jurisdiction to county courts, shall be transferred to the county courts of said counties.</p>
<p>Sec. 4. That the clerks of the district courts of the said counties of Parker, Uvalde, Red River, Starr and Henderson, shall within thirty days from the date that this act takes effect, transfer to the clerks of the county courts of said counties all the original papers in causes transferred under this act, together with a certified transcript of all the entries made on the docket of the district court in such causes, and a certified bill of all costs accrued in such causes, and for making out such transcript of the docket, the clerks of the district court shall be allowed such fees as<pb n="321" ed="gammelslawsoftexas" /><pb ed="unknown" n="15" /><fw type="header" place="top">Laws of the State of Texas.</fw>are now allowed for making out transcripts in cases of appeal, such fees to be taxed as costs in such suits.</p>
<closer>
<dateline>Passed <date>February 3, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
<p>The foregoing act was presented to the Governor of Texas for his ap<pc force="weak">-</pc><lb break="no" />proval on the third day of February, 1883, and was not signed by him, nor returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.</p>
<closer>
<signed>JOS. W. BAINES, Secretary of State.</signed>
</closer>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXVII.</head>
<opener>
<salute>An Act to provide for the payment of certain debts of the State, out of that half of the proceeds of the sale of the Public Lauds, not belonging to the Common School Fund.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That one-half of the proceeds of the sale of public lands is declared to consti<pc force="weak">-</pc><lb break="no" />tute a part of the common school fund and not subject to appropriations herein made.</p>
<p>Sec. 2. The bonds for the sum of one hundred and thirty-four thou<pc force="weak">-</pc><lb break="no" />sand four hundred and seventy-two dollars and twenty-six cents, dated the first day of January 1867, due twelve years after date and hearing interest at the rate of five per cent per annum from date, executed by the State to the University fund, under the Act of November 12th 1866, and also the certificate of indebtedness for the amount of ten thousand three hundred dollars and forty-one cents, issued by W. L. Robards, Comp<pc force="weak">-</pc><lb break="no" />troller of Public Accounts on the eighth day of June 1865, are declared to be valid debts due from the State to the University of Texas, and the sum of two hundred and fifty-six thousand two hundred and seventy-two. dollars and fifty-seven cents ($256,272.57) of that half of the proceeds of the sale of public lands not belonging to the common school fund, shall be transferred to the University fund in payment of said certificate and bonds and the accrued interest on said bonds to the first day of August 1883, forty-five thousand one hundred and four dollars and twenty-two cents of which belongs to the available University fund, after which said certificate and bonds shall be fully discharged.</p>
<p>Sec. 3. The bonds for the sum of eighty-two thousand one hundred and sixty-eight dollars and eighty-two cents dated the first, day of Jan<pc force="weak">-</pc><lb break="no" />uary 1867, due twelve years after date, bearing interest at the rate of five per cent per annum from date, executed by the State to the common school fund under the Act of November 12th 1866, are declared to be valid debts from the State to the common school fund: and the sum of one hundred and fifty thousand, two hundred and ninety-two dollars and forty-six cents ($150,292.46), out of that half of the proceeds of the sale of public land not already belonging to the common school fund shall be transferred to the common school fund in payment of said bonds and the accrued interest thereon up to August 1st 1883, after which said bonds shall be fully discharged.</p>
<p>Sec. 4. The bonds for the sum of three hundred and twenty thousand three hundred and sixty-seven dollars and thirteen cents, dated the thir<pc force="weak">-</pc><lb break="no" />teenth day of May 1865 bearing interest at the rate of six per cent<pb n="322" ed="gammelslawsoftexas" /><pb ed="unknown" n="16" /><fw type="header" place="top">Laws of the State of Texas.</fw>per annum from date and executed by the State to the common school fund under the Act of November 15th 1864 are declared to be valid debts<pc force="weak">-</pc><lb break="no" />from the State to the common school fund and the sum of four hundred and thirty-one thousand seven hundred and eighty-one dollars and fifty<pc force="weak">-</pc><lb break="no" />eight cents ($431,781.58) out of said half of the proceeds of sales of pub<pc force="weak">-</pc><lb break="no" />lic lands, shall be transferred to the common school fund in full satisfac<pc force="weak">-</pc><lb break="no" />tion of said bonds: the above sum being the amount of the principal and the interest of said bonds, up to August 1st 1883, less the interest and sinking fund paid by the Houston and Texas Central Railway Company, the Buffalo Bayou, Brazos and Colorado Railway Company and the Washington County Railway Company under protest on the amounts paid by them during the civil war, in State Treasury warrants on their respec<pc force="weak">-</pc><lb break="no" />tive bonds to the special school fund given under the Act of August 13th, 1856, provided, only the principal of the amount due the common school fund as shown by Sections 3 and 4 of this Act, shall be the permanent common school fund and the interest thereon, shall be the available school fund.</p>
<p>Sec. 5. By the payment of said bonds as aforesaid the State does not recognize the validity of said attempted payments in said Treasury war<pc force="weak">-</pc><lb break="no" />rants: and the interest and sinking fund hereafter collected on the amounts so attempted to be discharged in said warrants shall constitute a part of the general revenue of the State, and the State shall save the public school fund harmless from the assumed right of said railway com<pc force="weak">-</pc><lb break="no" />panies, or their successors, to apply the interest and sinking fund hereto<pc force="weak">-</pc><lb break="no" />fore or hereafter paid in treasury warrants to the principal or the interest of the bonds due from them to the school fund.</p>
<p>Sec. 6. The importance of this bill and the amount of business now before the Legislature creates an emergency for the suspension of the constitutional rule requiring bills to be read on three several days and the same is hereby suspended.</p>
<closer>
<dateline>Approved <date>February 23, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXVIII.</head>
<opener>
<salute>An Act amend Title 11, Chapter 3 of an act en<pc force="weak">-</pc><lb break="no" />titled An Act to adopt and establish the Revised Civil Statutes of the State of Texas," passed February 21st, 1879.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Title 11, Chapter 3 of an act entitled &#8220;An Act to adopt and establish the Revised Civil Statutes of the State of Texas,&#8221; passed February 21, 1879, be amended by adding an additionan article, to be numbered Arti<pc force="weak">-</pc><lb break="no" />cle 257a, to-wit:</p>
<p>Article 257a. The district or county attorney shall be entitled to ten per cent commissions on the first thousand dollars collected by him in any one case for the State or county from any individual or company: and five per cent on all sums over one thousand dollars, to be retained out of the money when collected, and he shall also be entitled to retain the same commissions on all collections made for the State or for any county: Provided that ten per cent shall be allowed on all such sums heretofore collected since the adoption of the Revised Statutes. This<pb n="323" ed="gammelslawsoftexas" /><pb ed="unknown" n="17" /><fw type="header" place="top">Laws of the State of Texas.</fw>section shall also apply to money realized for the State under the escheat law.</p>
<closer>
<dateline>Approved <date>February 27, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXIX.</head>
<opener>
<salute>An Act to amend Article 180, Chapter 1, Title 7, of the Penal Code of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 180, Chapter 1, Title 7, of tire Penal Code, be and it is hereby, amended so that it shall hereafter read as follows.</p>
<p>Article 180. Any person who by loud or vociferous talking or swear<pc force="weak">-</pc><lb break="no" />ing, or by any other noise, or in any other manner wilfully disturbs any congregation or part of a congregation assembled for religious worship and conducting themselves in a lawful manner or who wilfully disturbs in any manner any congregation assembled for the purpose of conduct<pc force="weak">-</pc><lb break="no" />ing or participating in a Sunday school, or to transact any business re<pc force="weak">-</pc><lb break="no" />lating to or in the interest of religious worship, or a Sunday school and conducting themselves in a lawful manner, shall be fined in any sum not less than twenty-five nor more than one hundred dollars, and may be im<pc force="weak">-</pc><lb break="no" />prisoned in the county jail not exceeding thirty days, at the discretion of the jury.</p>
<closer>
<dateline>Approved <date>February 28, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXX.</head>
<opener>
<salute>An Act amendatory of Title 83 and of the supple<pc force="weak">-</pc><lb break="no" />ment thereto, of the Revised Civil Statutes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Title 83 and the supplement thereto of the Revised Civil Statutes shall be so amended as hereafter to read as follows.</p>
<p>Article 4090. The Governor is empowered to issue his proclamation declaring quarantine on the coast, or elsewhere within this State, when<pc force="weak">-</pc><lb break="no" />ever in his judgment quarantine may become necessary, and such quar<pc force="weak">-</pc><lb break="no" />antine may continue for such length of time as the health of the State may require: Provided, Houston, in Harris county, shall be considered a coast town within the meaning of this act.</p>
<p>Article 4090a. It shall be the duty of the Governor of the State of Texas, and he is hereby authorized and empowered to select and appoint, by and with the advice and consent of the Senate, from the most skillful regular physicians of the State of Texas, one physician who shall be known as Health Officer of the State, and shall from previous and active practice be familiar with yellow fever and pledged to the importance of both quarantine and sanitation.</p>
<p>Article 4090b. Such Health Officer shall during the time he is actively engaged in public duty, receive for his services ten dollars per day and all necessary traveling expenses, a bill of which must be made out in<pb n="324" ed="gammelslawsoftexas" /><pb ed="unknown" n="18" /><fw type="header" place="top">Laws of the State of Texas.</fw>detail, then approved by the Governor, on which approved account the Comptroller shall issue his warrant on the Treasurer, for the amount of such approved account.</p>
<p>Article 4090c. When the Governor is informed, or has reason to be<pc force="weak">-</pc><lb break="no" />lieve that the State of Texas is threatened at any point on the coast, or elsewhere within this State, with the introduction of yellow fever, or any other infectious or contagious disease, he shall immediately order such Health Officer to the point or points so threatened, with instructions to carefully examine into such information or alarm, and if satisfied that the report or information is true, and that there is danger to the State at such place or places, from the introduction of any of such diseases, the Governor shall immediately declare quarantine at such place or places, against the locality where any of such diseases point or are said to exist, or until such time as the same can be examined into or determined, hav<pc force="weak">-</pc><lb break="no" />ing power to order State, county or municipal authorities to aid him in establishing and maintaining the same; Provided, that the Health officer of the State, may in cases of emergency, when from any cause the Gov<pc force="weak">-</pc><lb break="no" />ernor cannot act, have power and authority to establish, maintain and enforce a temporary quarantine anywhere within this State, whenever in his judgment such emergency exists; the facts in reference to which temporary quarantine shall be immediately reported to the Governor, who shall take such action, and issue such proclamations as he may deem proper, either continuing or discontinuing the same.</p>
<p>Article 4090d. The laws in regard to State quarantine shall remain and be in full force and operation on the coast or elsewhere in the State, as the Governor or Health Officer may direct, and be enforced as here<pc force="weak">-</pc><lb break="no" />tofore, with such additional changes as the provisions of this act pre<pc force="weak">-</pc><lb break="no" />scribe, and with such additional changes in station and general manage<pc force="weak">-</pc><lb break="no" />ment as the Governor may think proper.</p>
<p>Article 4090e. The law in regard to local quarantine by the inhab<pc force="weak">-</pc><lb break="no" />itants of any point or points on the coast, or elsewhere in this State shall remain in full force: Provided that in all differences and disputes be<pc force="weak">-</pc><lb break="no" />tween any such points contiguous or remote within this State, such dif<pc force="weak">-</pc><lb break="no" />ferences and disputes shall be immediately by the local health authori<pc force="weak">-</pc><lb break="no" />ties, if any, and if none, by the inhabitants themselves, reported and sub<pc force="weak">-</pc><lb break="no" />mitted to the Governor and on the receipt of such report he shall forth<pc force="weak">-</pc><lb break="no" />with order the State Health, Officer to such points with instructions to investigate the same and report, the exact condition of things, and upon investigation of such report, shall issue his proclamation declaring the determination of the issue and by said proclamation the aforesaid differ<pc force="weak">-</pc><lb break="no" />ences shall be governed and determined.</p>
<p>Article 4090f. Said Health Officer shall give a bond with two good and sufficient sureties in the sum of ten thousand dollars, made payable to the Governor, to be approved by him, and conditioned for the honest and impartial performance of his duties, and such Health Officer shall hold his position for the term of two years, subject however, to removal at any time by the Governor whenever in his judgment the public, good demands such removal.</p>
<p>Article 4090g. Whenever quarantine is declared by the Governor, or by any county or corporate authorities in this State, it shall be the duty of such authorities to establish a quarantine station or stations where any person may be detained for such length of time as, in the dis<pc force="weak">-</pc><lb break="no" />cretion of the quarantine officers, the public safety may demand: Pro<pc force="weak">-</pc><lb break="no" />vided that all county and municipal quarantine shall be subordinate,<pb n="325" ed="gammelslawsoftexas" /><pb ed="unknown" n="19" /><fw type="header" place="top">Laws of the State of Texas.</fw>subject to and regulated by such, rules and regulations as may be pre<pc force="weak">-</pc><lb break="no" />scribed by the Governor or State Health Officer.</p>
<p>Article 4090h. It shall be the duty of the Health Officer of this State, county or city authorities as the case may be, to furnish persons detained by them at quarantine stations with necessary clothing, subsistence and shelter, not including crews or vessels except such as are removed by the quarantine officers from such vessels, and all accounts for necessary clothing, subsistence and shelter and all contracts for the construction of quarantine stations and wharves, and hire or purchase of boats or vessels, shall be approved and accepted by the State Health Officer and the Governor, and received by them after completion, if in accordance with contract specifications, and all accounts for the same and for all other expenses shall be approved by the Governor and when so approved, the Comptroller shall draw his warrant upon the Treasurer in favor of the same for the amount specified.</p>
<p>Article 4090i. All the costs and expenses of enforcing and maintain<pc force="weak">-</pc><lb break="no" />ing the general quarantine or such as are ordered by the Governor or State Health officer, shall be paid out of the fund appropriated for quar<pc force="weak">-</pc><lb break="no" />antine purposes. All quarantine officers appointed by the Governor shall be selected and commissioned by the Governor of the State and shall be paid by the State, and all health authorities of the State, or of any county or city thereof shall obey the rules and regulations prescribed by the Governor or State Health Officer. The regular officer in charge of reg<pc force="weak">-</pc><lb break="no" />ular established quarantine stations on the coast shall be allowed ten dollars per day while on duty; temporary officers, or those commissioned by the Governor to guard against threatened epidemics, or those tem<pc force="weak">-</pc><lb break="no" />porarily assigned to duty by the Health Officer of the State, under the provisions of Article 4090c of this title shall be allowed and paid five dollars per day and such other pay for extra expenses actually incurred as may be deemed just by the Governor and State Health Officer. All quarantine officers, whether of towns, cities, counties or State, shall be authorized to administer oaths to any person or persons suspected of violating any quarantine regulations; and any person or persons swear<pc force="weak">-</pc><lb break="no" />ing falsely shall be punished according to the provisions of the Penal Code.</p>
<p>Article 4091. It is hereby made the duty of any county, town or city authority upon the coast or elsewhere in Texas, at as early a day as prac<pc force="weak">-</pc><lb break="no" />ticable, after the promulgation of the Governor&#8217;s proclamation declaring quarantine, to provide suitable stations, where, they are not now provided at sufficient distance from the usual places of landing of vessels or the depots of railroads coming into their respective counties, towns, or cities, and to select, appoint and employ a competent physician as health officer, subject to the approval of the Governor, at such stations, and to furnish said officer with such guards, employees and other things as may be nec<pc force="weak">-</pc><lb break="no" />essary to render such quarantine effective: and said county, town or city authorities may provide for the establishment and maintenance of quar<pc force="weak">-</pc><lb break="no" />antine, subordinate, subjected to and regulated by such rules and regula<pc force="weak">-</pc><lb break="no" />tions as the Governor and State Health Officer may prescribe.</p>
<p>Article 4092. Whenever on the coast of Texas or elsewhere in this State the authorities of any county, town or city fail, refuse or neglect to establish quarantine as provided for in the preceding article, then and in that event, the Governor shall have the power, and it shall be his duty to appoint a health officer and to prescribe such regulations for the gov<pc force="weak">-</pc><lb break="no" />ernment of the same as he may deem necessary.</p>
<pb n="326" ed="gammelslawsoftexas" /><pb ed="unknown" n="20" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Article 4093. It shall be the duty of all health officers and all quar<pc force="weak">-</pc><lb break="no" />antine authorities to stop each and every vessel from any infected port or district, notwithstanding the said vessel may have a clean bill of health, if deemed necessary (and such health officers or quarantine auth<pc force="weak">-</pc><lb break="no" />orities shall have power so to do) to take the affidavit of the master of said vessel as to the health of himself and crew from the time of sailing from said infected port or district; and such officers and authorities shall de<pc force="weak">-</pc><lb break="no" />tain said vessel at quarantine for such length of time as may be prescribed by the Governor and State Health officer, in their rules and regulations governing quarantine; and all such officers and authorities may use force if necessary in order to discharge the duties imposed upon them by the provisions of this title and the rules and regulations of the Governor and State Health Officer.</p>
<p>Article 4094. Any vessel arriving at any of the quarantine stations of this State, designated by the proper authorities from any infected port or district without a clean bill of health from the proper officers, from said port or district shall be taken possession of by the Health Officer, or other quarantine authority at the station at which said vessel arrives, and be held by the same until all fines that may have been assessed against the master of said vessel for a violation of the quarantine laws, rules and regulations shall have been paid, or until said vessel shall have been replevied in accordance with law.</p>
<p>Article 4095. The payment of the fine which may be assessed against the master of such vessel shall not operate as a release or discharge of the vessel from quarantine, but the same rules shall apply as in case of other vessels placed in quarantine.</p>
<p>Article 4095a. It shall be the duty of all health officers and quaran<pc force="weak">-</pc><lb break="no" />tine authorities to establish stations where they do not now exist, whereat railway trains or any other public or private conveyance coming from any infected port or district and entering within any county, town or city in this State may be stopped, the passengers examined and sworn in accordance with the provisions of this title, and such further action had and taken under such rules as may be prescribed by the Governor and State Health Officer.</p>
<p>Article 4097. It shall be the duty of the county, town or city authori<pc force="weak">-</pc><lb break="no" />ties aforesaid, as soon as quarantine, ceases to exist, to forward to the Comptroller of the State an itemized account of all receipts and expendi<pc force="weak">-</pc><lb break="no" />tures made by them and when approved by the Governor and State Health Officer, said Comptroller shall draw his warrant upon the Treas<pc force="weak">-</pc><lb break="no" />urer for the payment of any balance that may be due said authorities or either of them, and pay into the treasury any excess of receipts over ex<pc force="weak">-</pc><lb break="no" />penditures as a credit to the quarantine fund.</p>
<p>Article 4098. Nothing contained in this title shall be construed to pre<pc force="weak">-</pc><lb break="no" />vent any town, city or county from establishing any quarantine which they may think necessary for the preservation of the health of the same; Provided that the rules and regulations of such quarantine be not in<pc force="weak">-</pc><lb break="no" />consistent with the provisions of this title, and be consistent with and subordinate to said provisions and the rules and regulations prescribed by the Governor and State Health Officer.</p>
<div3 type="section">
<head type="main">Supplement.</head>
<p>Section 1. It is hereby made the duty of the several county commis<pc force="weak">-</pc><lb break="no" />sioners&#8217; courts of the counties of this State when required so to do by the proclamation of the Governor, or when under the provisions of this title where there is no corporation or city within such county to<pb n="327" ed="gammelslawsoftexas" /><pb ed="unknown" n="21" /><fw type="header" place="top">Laws of the State of Texas.</fw>appoint competent health officers, which officers shall appoint guards and other employees and to prescribe their duties in accordance with the pro<pc force="weak">-</pc><lb break="no" />visions of this title and the rules and regulations of the Governor and State Health Officer, and such county to pay the same for their services such prices as may be deemed right, not exceeding the amount prescribed in Article 4090i.</p>
<p>Sec. 2. Whenever the Governor and State Health Officer under any of the provisions of this title establishes quarantine and shall appoint health officers, guards and employees thereabout, their compensation shall be what is right; not exceeding that fixed in Article 4090i of this title.</p>
<p>Sec. 3. That the Governor be and is hereby authorized and empow<pc force="weak">-</pc><lb break="no" />ered to buy a steam tug for service upon the coast of this State, when<pc force="weak">-</pc><lb break="no" />ever in his judgment such tug becomes necessary for the better enforce<pc force="weak">-</pc><lb break="no" />ment of the quarantine laws, rules or regulations. Said tug, when bought shall be placed in charge of the health officer at Galveston Texas, who shall have full control of the same, together with all quarantine stores, supplies and apparatus and responsible for the preservation of the same at all times, except when by order of the Governor or State Health Officer said tug is upon service elsewhere upon the coast; Provided the said steam tug shall be new, made to order upon plans and specifications ap<pc force="weak">-</pc><lb break="no" />proved by the Governor and State Health Officer and suited to its pro<pc force="weak">-</pc><lb break="no" />posed use for quarantine purposes, and constructed with necessary ap<pc force="weak">-</pc><lb break="no" />pliances for disinfection fumigation and purification of vessels and car<pc force="weak">-</pc><lb break="no" />goes; and provided further that the entire cost of said steam tug, en<pc force="weak">-</pc><lb break="no" />gines, boilers, tackle and furniture, apparel and quarantine appliances shall not exceed fifteen thousand dollars.</p>
<p>Sec. 4. The quarantine or health officer at Galveston, Texas shall give bond with two or more good and sufficient sureties payable to the Governor in the sum of ten thousand dollars, conditioned for the care and preservation of said steam tug, and for the faithful performance of his duty.</p>
<p>Sec. 5. It is hereby made the duty of the Governor and State Health Officer, upon completion of the disinfecting warehouse at Galveston, Texas to prescribe such rules and regulations as may be necessary for the disinfection, or fumigation, or both, of all vessels and their cargoes and passengers arriving at Galveston from any infected port or district. The object of such rules and regulations being, to provide safety for the public health of the State, without unnecessary or arbitrary restrictions upon commerce and travel.</p>
<p>Sec. 6. All laws and parts of laws in conflict herewith are hereby re<pc force="weak">-</pc><lb break="no" />pealed.</p>
<p>Sec. 7. There being no law upon the subject of quarantine, adequate to the protection of public health, and the near approach of the season of the year when quarantine will have to be declared, a public necessity and emergency exists requiring the suspension of the constitutional rule requiring bills to be read on three several days, and that this Act take effect and be in force from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>February 28, 1883</date>.</dateline>
</closer>
</div3>
<div3 type="addendum">
<p>Takes effect after passage.</p>
</div3>
</div2>
<pb n="328" ed="gammelslawsoftexas" /><pb ed="unknown" n="22" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XXXI.</head>
<opener>
<salute>An Act to provide for the payment of fees to county judges and justices of the peace, sheriffs, constables, district and county attorneys and district clerks for services rendered in certain, felony cases.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That county judges, justices of the peace, sheriffs, constables, district and county attorneys and district clerks shall be allowed the following fees.</p>
<p>Sec. 2. In all cases where county judges and justices of the peace shall sit as examining courts in felony cases, they shall be entitled to the same fees allowed by law for similar services in misdemeanor cases to justices of the peace, and ten cents for each one hundred words for writ<pc force="weak">-</pc><lb break="no" />ing down testimony, to be paid by the State, not to exceed three dollars for all his services in any one case.</p>
<p>Sec. 3. Sheriffs and constables serving process and attending any ex<pc force="weak">-</pc><lb break="no" />amining court in the examination of any felony case shall be entitled to such, fees as are fixed by law for similar services, in misdemeanor cases, to be paid by the State, not to exceed four dollars in any one case.</p>
<p>Sec. 4. District and county attorneys, for attending and prosecuting any felony case before an examining court, shall be entitled to a fee of five dollars to be paid by the State, for each case prosecuted by him be<pc force="weak">-</pc><lb break="no" />fore such court.</p>
<p>Sec. 5. The fees mentioned in sections 2, 3, and 4 of this act shall be<pc force="weak">-</pc><lb break="no" />come due and payable only after the indictment of the defendant for the offense with which he was charged in the examining court, and upon an itemized account sworn to by the officers claiming such fees, and ap<pc force="weak">-</pc><lb break="no" />proved by the judge of the district court.</p>
<p>Sec. 6. Only one fee shall be allowed for an examining trial though more than one defendant is joined in the complaint, and when defend<pc force="weak">-</pc><lb break="no" />ants are proceeded against separately, who could have been proceeded against jointly, but one fee shall be allowed in all the cases that could have been so joined, and the account of the officer and the approval of the judge must show that the provisions of this article are complied with.</p>
<p>Sec. 7. In habeas corpus proceedings in felony cases, the clerks of the district courts shall be paid by the State, upon the certificate of the judge, the following fees, not to exceed ten dollars in any one case: For taking down the evidence, ten cents for every one hundred words: for entering the judgment of the court, one dollar: for making out transcript in case of appeal, ten cents for every one hundred words.</p>
<closer>
<dateline>Approved <date>March 3, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXII.</head>
<opener>
<salute>An Act to amend Article 4411 of the Revised Civil Statutes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 4411 of the Revised Civil Statutes be so amended, that it shall hereafter read as follows:</p>
<pb n="329" ed="gammelslawsoftexas" /><pb ed="unknown" n="23" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Article 4411. No person shall be compelled to work on any public road or roads, more than five days in each year.</p>
<closer>
<dateline>Approved <date>March 5, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXIII.</head>
<opener>
<salute>An Act to reorganize the Twenty-fifth Judicial District of the State of Texas, and to provide the times for holding the district court therein.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the Twenty-fifth Judicial District of the State of Texas shall be composed of the following counties: Cameron, Hidalgo, Starr, Zapata, Webb, Encinal, Duval and Nueces.</p>
<p>Sec. 2. Be it further enacted: That the said district court of said district shall be holden at the time hereinafter specified, to-wit: In the county of Cameron on the first Monday of September and February, and may continue in session four weeks: In the county of Hidalgo on the fourth Monday after the first Monday of September and February, and may continue in session one week: In the county of Starr on the fifth Monday after the first Monday of September and February, and may continue in session two weeks: In the county of Webb on the seventh Monday after the first Mondays of September and February, and may continue in session five weeks: In the county of Duval on the twelfth Monday after the first Mondays of September and February, and may continue in session two weeks: In the county of Nueces on the four<pc force="weak">-</pc><lb break="no" />teenth Monday after the first Mondays in September and February, and may continue in session until the business is disposed of, not to exceed six weeks.</p>
<p>Sec. 3. Be it further enacted: That the counties of Zapata, and Enci<pc force="weak">-</pc><lb break="no" />nal be and they are hereby attached to the county of Webb for judicial purposes.</p>
<p>Sec. 4. Be it further enacted: That all writs and process, civil and criminal heretofore issued by or from the district courts in the several counties of said district, and made returnable to the former terms of said courts as said terms are now fixed by law, shall be returnable to the next ensuing terms of said district courts, in each county, as they are pre<pc force="weak">-</pc><lb break="no" />scribed in this act,&#8212;and all such writs or process that may be issued by or from said courts, at any time within five days next before the holding of the next ensuing terms of said courts, as prescribed herein are hereby made returnable to said terms respectively, and all such writs and pro<pc force="weak">-</pc><lb break="no" />cess hereinbefore mentioned, are hereby legalized and validated to all intents and purposes, as if the same had been made returnable to the term or terms of said courts, as the terms thereof are herein prescribed; Provided, that if any business should remain on the dockets of any county in said judicial district unfinished, the Judge of said district is hereby authorized and required, on application of a majority of the mem<pc force="weak">-</pc><lb break="no" />bers of the bar of said county, to designate a time for holding a special term of said district court in any of said counties where such unfinished business may occur, by an order entered on the minutes of the district court of said county, said order to be published in a newspaper published in said judicial district for a period of thirty days before the<pb n="330" ed="gammelslawsoftexas" /><pb ed="unknown" n="24" /><fw type="header" place="top">Laws of the State of Texas.</fw>day for holding the said special term, stating the time and place where said court can be held; the expense of said publication to be paid by the county where such unfinished business is required to be transacted.</p>
<p>Sec. 5. Be it further enacted; That all laws and parts of laws in conflict herewith, be and the same are hereby repealed.</p>
<p>Sec. 6. Be it further enacted; That the crowded condition of the civil and criminal dockets in the county of Webb, resulting almost in a denial of trial to litigants, creates an imperative public necessity and emergency for the suspension of the constitutional rule which requires that all bills shall be read on three several days, and the said rule is ac<pc force="weak">-</pc><lb break="no" />cordingly suspended: and that this act take effect and be in force from and after the 9th (ninth) day of April A. D. 1883.</p>
<closer>
<dateline>Approved <date>March 5th 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXIV.</head>
<opener>
<salute>An Act to amend Chapter 16 of an act to adopt and establish the Revised Penal Code of the State of Texas, by insert<pc force="weak">-</pc><lb break="no" />ing therein Article 789a.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the Revised Penal Code of the State of Texas be amended by in<pc force="weak">-</pc><lb break="no" />serting Article 789a, as follows:</p>
<p>Article 789a. If any person shall fraudulently receive or conceal any property which has been acquired by another in such manner as that the acquisition comes within the meaning of embezzlement, knowing the same to have been so acquired, he shall be punished in the same manner as the person embezzling the same, would be liable to be punished.</p>
<closer>
<dateline>Approved <date>March 16, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXV.</head>
<opener>
<salute>An Act to diminish the civil and crimina jurisdic<pc force="weak">-</pc><lb break="no" />tion of the County Courts of Matagorda, Camp, Houston, Kerr, Mason, San Patricio, Live Oak, Donley, Young, Comal, Wilson and Atascosa.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the County Courts of the Counties of Matagorda, Camp, Houston, Kerr, Mason, San Patricio, Live Oak, Donley, Young, Comal, Wilson, and Atascosa, shall have and exercise the general jurisdiction of probate courts; shall probate wills, appoint guardians of minors, idiots, lunatics, persons non-compos mentis and common drunkards; grant letters testa<pc force="weak">-</pc><lb break="no" />mentary; settle accounts of executors, administrators, and guardians; transact all business appertaining to the estates of deceased persons, mi<pc force="weak">-</pc><lb break="no" />nors, idiots, lunatics, persons non compos mentis and common drunkards, including the petition, settlement and distribution of estates of deceased persons, and to apprentice minors as prescribed by law; and to issue all writs necessary to the enforcement of its jurisdiction, and to punish con<pc force="weak">-</pc><lb break="no" />tempts under such provisions as are, or may be provided by general law governing county courts throughout the State, and to have and to exercise<pb n="331" ed="gammelslawsoftexas" /><pb ed="unknown" n="25" /><fw type="header" place="top">Laws of the State of Texas.</fw>general jurisdiction over questions of eminent domain, as prescribed by law, but said county courts shall have no other jurisdiction civil or crim<pc force="weak">-</pc><lb break="no" />inal.</p>
<p>Sec. 2. It shall be the duty of the county clerks of Matagorda, Camp, Houston, Mason, Kerr, San Patricio, Live Oak, Donley, Young, Comal, Wilson, and Atascosa counties, within twenty days after the passage of this act, to make a full and complete transcript of all orders, on their respective dockets in cases now pending in the county courts of said counties respectively, of which cases, by the terms of this act exclusive jurisdiction is given to the district courts, and to deliver said transcript together with the original papers, and a certified bill of costs in each case, to the clerks of the district courts in their respective counties, and said district clerks shall enter said casts on their respective dockets for trial by said district courts, and all process now issued and returnable to the county court of said counties respectively of which the district courts of said counties has been given jurisdiction by this act, shall be return<pc force="weak">-</pc><lb break="no" />able to the district court of said county by the officer executing the same, and all cases transferred by this act shall stand as appearance cases in said district courts, and shall be tried by said district courts as other cases. And the district court shall have and exercise all the civil and criminal jurisdiction heretofore vested in said county courts by the Con<pc force="weak">-</pc><lb break="no" />stitution and laws, and not divested by this act.</p>
<p>Sec. 3. That all laws in coflict with the provisions of this act be and the same are hereby repealed.</p>
<p>Sec. 4. That in order to save much, unnecessary expense to the citi<pc force="weak">-</pc><lb break="no" />zens of Matagorda, Camp, Houston, Mason, Kerr, San Patricio, Live Oak, Donley, Young, Comal, Wilson and Atascosa, an imperative public necessity exists, that the constitutional rule requiring hills to be read on three several days should be suspended, and it is so suspended, and the same shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>March 16, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXVI.</head>
<opener>
<salute>An Act to amend an act entitled &#8220;An Act to amend an act to create a Commission of Arbitration and Award and define the powers and duties thereof and to make appropriation to pay the salaries of the Judges thereof, approved Feby 9th, 1881.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That an act to amend an act entitled An Act to create a commission of arbitration and award and to define the powers and duties thereof and to make appropriation to pay the salaries of the judges thereof approved Feby 9th 1881, shall hereafter read as follows.</p>
<p>Section 1. A Commission of arbitration and award, to consist of three persons learned in the law to be appointed by the Governor by and with the advice and consent of the Senate if in session, or without such advice and consent, if not in session, who shall hold their offices for two years from Oct. 1st 1883, and receive for their services the same salaries as judges of the Supreme Court of the State of Texas, be and the same is hereby created to be styled the Commission of Appeals of the State of Texas. In case of a vacancy on said commission by death or resignation of any member thereof during the vacation of the Legislature, it shall be the<pb n="332" ed="gammelslawsoftexas" /><pb ed="unknown" n="26" /><fw type="header" place="top">Laws of the State of Texas.</fw>duty of the Governor to fill the same by appointment and the person so appointed shall continue in office until the next session of the Legisla<pc force="weak">-</pc><lb break="no" />ture after the appointment.</p>
<p>Sec. 2. That in addition to the powers and duties now conferred by said act the Supreme Court and Court of Appeals of this State are hereby authorized and empowered to refer to the Commissioners of Appeals of the State of Texas, any civil case or cases now or hereafter pending be<pc force="weak">-</pc><lb break="no" />fore said Courts for examination and report thereon: And it shall be the duty of said Supreme Court and Court of Appeals in order to relieve the dockets of said Courts of the great number of cases now encumbering them from time to time do refer to said Commissioners of Appeals, so many of said cases now or hereafter pending in said courts as may be rea<pc force="weak">-</pc><lb break="no" />sonably considered and acted upon bjr the same, at the several sessions thereof, having respect in such reference to the length of time such cases may have been pending as well as to promote an early disposition of the cases on the docket.</p>
<p>Sec. 3. When said commissioners of appeals have considered and de<pc force="weak">-</pc><lb break="no" />termined upon the proper disposition of any case referred to the same according to section 2 of this act, their opinion shall be submitted to<pc force="weak">-</pc><lb break="no" />gether with a brief synopsis of the case, to the court from which the case was referred, and the record shall be returned therewith. The re<pc force="weak">-</pc><lb break="no" />ports so made may be used by the respective courts to facilitate them in reaching a conclusion upon the law and the facts in the case.</p>
<p>Sec. 4. The opinions of said commissioners of appeals in cases referred to them by the supreme court, when adopted by said court, shall be pub<pc force="weak">-</pc><lb break="no" />lished as the opinions thereof as in other cases.</p>
<p>Sec. 5. That in cases referred to the commissioners of appeals under this act the papers thereof shall not be refiled in said commission and only such additional costs as may be essential to carry into effect the provisions hereof shall be incurred by the parties to such cases by reason of the reference thereof.</p>
<p>Sec. 6. That section one of this act which provides for a continuance of the Commission of Appeals for two years from October 1st 1883 shall not take effect until October 1st 1883 and it shall become inoperative at said time in case an amendment to the judiciary article of the Constitu<pc force="weak">-</pc><lb break="no" />tion of the State shall before then be submitted by the Legislature to the electors of the State and adopted by the people providing for an increase of the judges of the Supreme Court.</p>
<p>Sec. 7. The accumulation of business on the dockets of the Supreme Court and Court of Appeals is so great as to improperly retard the admin<pc force="weak">-</pc><lb break="no" />istration of justice, and this with the fact that the great number of bills awaiting consideration by the Legislature, may jeopardize, for want of time, the passage of this act, creates an imperative public emergency for the immediate passage of this act and that the rule requiring bills to be read on three several days be suspended as a public necessity requires&#8217; this act to take effect and be in force from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>March 20, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
</div2>
<pb n="333" ed="gammelslawsoftexas" /><pb ed="unknown" n="27" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XXXVII.</head>
<opener>
<salute>An Act to amend Art. 838, Revised Statutes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 838, Revised Statutes of the State of Texas, be and the same is hereby amended to read as follows:</p>
<div3 type="section">
<head type="main">Lee County.</head>
<p>Article 838. Beginning in Washington County at the north corner of the most northwestern De Witt survey; thence in a direct line to the junction of Alligator and Turkey creeks; thence down Turkey creek to its junction with Cedar creek; thence down Cedar creek to its confluence with the Yeuga; thence up the Yeuga to the mouth, of East Yeuga; thence up East Yeuga to the point where said stream is crossed by the Milam and Burleson County line; thence with said line to where it in<pc force="weak">-</pc><lb break="no" />tersects the northeast boundary of the Richard Ross survey; thence in a direct line to the southeast corner of Williamson county; thence with the southeast line of Williamson county, south 71 degrees west to a point in the northeast line of the Isaac Corner league on the line of Bastrop county; thence with the Bastrop county line to a point in said line nearest the east corner of the Elias Marshall survey; thence in a direct line to the southwest corner of the David G. Green survey in Fayette county; thence in a direct line to the west corner of the A. J. Thompson survey; thence with the northwest boundary line of the same, and with the northwest boundary line of the Wood Taylor and the most northwestern DeWitt survey, to the place of beginning.</p>
<p>Sec. 2. The near approach of the close of this session, and the best interests of said county, creates an imperative public necessity that the constitutional rule requiring this bill to be read on three successive days be suspended and this act take effect from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>March 20, 1883</date>.</dateline>
</closer>
</div3>
<div3 type="addendum">
<p>Takes effect after its passage.</p>
</div3>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXVIII.</head>
<opener>
<salute>An Act to amend Chapter 2, Title 8 of the Penal Code by adding thereto Article 198a.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That chapter 2, title 8 of the Penal Code of this State be amended by adding thereto another article to be styled 198a which shall read as follows:</p>
<p>Article 198a. Any person suspected of violating any quarantine law or regulation, and who, upon being sworn by any one authorized to admin<pc force="weak">-</pc><lb break="no" />ister an oath by the provisions of any law of this State, shall knowingly swear falsely about any matter concerning which the quarantine laws and regulations permit examination, shall be deemed guilty of false swearing, and shall on conviction in a court of competent jurisdiction, be punished by imprisonment in the penitentiary not less than two nor more than five years.</p>
<p>Sec. 2. There being no provisions of the Penal Code providing ade<pc force="weak">-</pc><lb break="no" />quate punishment for violations of the quarantine laws, rules or regula<pc force="weak">-</pc><lb break="no" /><pb n="334" ed="gammelslawsoftexas" /><pb ed="unknown" n="28" /><fw type="header" place="top">Laws of the State of Texas.</fw>tions, therefore an imperative public necessity and an emergency exist for the suspension of the constitutional rule requiring bills to be read on three several days and that this act should take effect from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>March 21, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XXXIX.</head>
<opener>
<salute>An Act to amend Article 4232 of the Revised Civil Statutes of the State of Texas, adopted by the regular session of the Sixteenth Legislature.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That article 4232 of the Revised Civil Statutes of the State of Texas, adopted by the regular session of the Sixteenth Legislature, be and the same is hereby so amended that it shall hereafter read as follows, to-wit:</p>
<p>&#8220;Article 4232. A bell of at least thirty pounds weight, or a steam &#8220;whistle, shall be placed on each locomotive engine, and the whistle &#8220;shall be blown, or the bell rung, at the distance of at least eighty rods &#8220;from the place where the railroad shall cross any public road or street, &#8220;and that such bell shall be kept ringing until it shall have crossed such &#8220;public road or stopped, and each locomotive engine approaching a &#8220;place where two lines of railway cross each other, shall, before reaching &#8220;such railroad crossing, be brought to a full stop; and any engineer &#8220;having charge of such engine, and neglecting to comply with any of &#8220;the provisions of this act, shall be fined in any sum not less than five &#8220;nor more than one hundred dollars for such neglect, and the corpora<pc force="weak">-</pc><lb break="no" />tion operating such railroad shall be liable for all damages which shall &#8220;be sustained by any person by reason of any such neglect.&#8221;</p>
<p>Sec. 2. The near approach of the close of the session and the fact that there is no law in force to compel engineers in charge of trains, to comply with the necessary regulations in reference to railroad crossings, creates an emergency and an imperative public necessity authorizing the suspen<pc force="weak">-</pc><lb break="no" />sion of the constitutional rule requiring bills to be read on three several days, and demanding that this act take effect and be in force from and after its passage; and it is accordingly so enacted.</p>
<closer>
<dateline>Approved <date>March 21, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XL.</head>
<opener>
<salute>An Act to validate certain surveys heretofore inform<pc force="weak">-</pc><lb break="no" />ally or defectively made, in locating the county school lands of this State.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the surveys of all county school lands heretofore made, either ac<pc force="weak">-</pc><lb break="no" />tually on the ground or by protraction, and returned into the General Land Office, according to law, and upon which patents have issued, are hereby declared valid surveys, and the title to the lands included within the lines of said surveys, as returned to the General Land Office, is hereby vested in the counties for which the same were made; and in all such sur<pc force="weak">-</pc><lb break="no" /><pb n="335" ed="gammelslawsoftexas" /><pb ed="unknown" n="29" /><fw type="header" place="top">Laws of the State of Texas.</fw>veys the call for distance shall have precedence and control calls for rivers or natural objects, when the calls for distance will give the quan<pc force="weak">-</pc><lb break="no" />tity of land intended to be included in the survey, and the calls for nat<pc force="weak">-</pc><lb break="no" />ural objects or rivers will not; provided, this act shall not divest any vested right.</p>
<p>Sec. 2. That whereas, great loss may occur from any delay in the final passage of this bill, creates an imperative public necessity that the con<pc force="weak">-</pc><lb break="no" />stitutional rule requiring a bill to be read on three several days be sus<pc force="weak">-</pc><lb break="no" />pended, and an emergency that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>March 21, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLI.</head>
<opener>
<salute>An Act to reorganize the twelfth, sixteenth, seven<pc force="weak">-</pc><lb break="no" />teenth, twenty-ninth, thirty-fourth and thirty-fifth judicial districts, and to fix the times of holding the courts therein; to change times for holding the district courts in the seventh and fourteenth judicial dis<pc force="weak">-</pc><lb break="no" />tricts, and in the counties of Kaufman, Sabine, San Augustine and Nacogdoches, and to provide for a district attorney in the sixteenth judicial district.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That from and after the first day of July, 1883, the counties of Stephens, Shackelford, Jones, Callahan, Taylor, Nolan, Mitchell, Howard, Runnells, Eastland and the unorganized Counties of Stonewall, Fisher, Scurry, Kent, Garza, Borden, Martin, Dawson, Lynn, Terry, Yoakum, Gaines and Andrews, be and the same are hereby constituted the twelfth Judicial District. That the district courts in the said district shall be held as fol<pc force="weak">-</pc><lb break="no" />lows: In the county of Stephens on the first Mondays in Feb. and Sept and may continue in session two weeks; in the county of Shackelford on the third Mondays, in Feb. and September, and may continue in session two weeks; in the county of Jones on the fourth Mondays after the first Monday in Feb. and September, and may continue in session one week; in the county of Howard on the fifth Monday after the first Mondays in Feb. and September, and may continue in session one week; in the county of Mitchell on the sixth Monday after the first Mondays in Feb. and Sep<pc force="weak">-</pc><lb break="no" />tember, and may continue in session three weeks; in the county of No<pc force="weak">-</pc><lb break="no" />lan on the ninth Monday after the first Mondays in Feb. and Sept, and may continue in session two weeks; in the county of Taylor on the elev<pc force="weak">-</pc><lb break="no" />enth Monday after the first Monday in Feb. and Sept, and may continue in session two weeks; in the county of Runnels on the thirteenth Mon<pc force="weak">-</pc><lb break="no" />day after the first Mondays in Feb. and Sept, and may continue in session one week; in the county of Callahan on the fourteenth Monday after the first Mondays in Feb. and Sept, and may continue in session two weeks; in the county of Eastland on the seventeenth Monday after the first Mon<pc force="weak">-</pc><lb break="no" />days in Feb. and Sept, and may continue in session until the business before it is disposed of; that the unorganized county of Stonewall shall be attached to the county of Jones; the county of Fisher to the county of Nolan; and the counties of Garza, Kent and Scurry to the county of Mitchell; the counties of Yoakum, Terry, Lynn, Borden, Dawson, Mar<pc force="weak">-</pc><lb break="no" />tin, Gaines and Andrews to the county of Howard for judicial purposes.</p>
<p>Sec. 2. The district courts in the fourteenth judicial district shall be<pb n="336" ed="gammelslawsoftexas" /><pb ed="unknown" n="30" /><fw type="header" place="top">Laws of the State of Texas.</fw>hereafter as follows: In the county of Falls, on the third Mondays in February and August and may continue in session five weeks; in the county of Bell on the fifth Mondays after the third Mondays in February and August and may continue in session seven weeks; in the county of McLennan on the twelfth Mondays after the third Mondays in February and August, and may continue in session eight weeks; provided, that this act shall not take effect as to Bell and Falls counties until the first day of April, 1883, and the next term of court for Bell county shall begin on the first Monday in April, 1883, and continue in session five weeks.</p>
<p>Sec. 3. That the district court in and for Kaufman county be begun and holden on the twentieth Mondays after the first Mondays in January and July in each year, and may continue in session five weeks.</p>
<p>Sec. 4. That the counties of Wheeler, Oldham, Donley, Collings<pc force="weak">-</pc><lb break="no" />worth, Greer, Childress, Hall, Briscoe, Floyd, Parmer, Castro, Swisher, Armstrong, Randle, Deaf Smith, Potter, Carson, Gray, Hemphill, Rob<pc force="weak">-</pc><lb break="no" />erts, Hutchinson, Moore, Hartley, Dallam, Sherman, Hansford, Ochiltree and Lipscomb, be and the same are hereby constituted the thirty-fifth judicial district, and the district court shall be held in the counties com<pc force="weak">-</pc><lb break="no" />posing said district as follows: In the county of Oldham on the first Mondays in April and October, and may continue<sup> </sup>in session four weeks; in the county of Donley on the first Mondays in January and July, and may continue in session four weeks; in the county of Wheeler on the eighth Mondays after the first Mondays in April and October, and may continue in session four weeks; the counties of Sherman, Moore, Potter, Castro, Parmer, Deaf Smith, Hartley and Dallam, are hereby attached to the county of Oldham for judicial purposes; the counties of Carson, Randle, Armstrong, Swisher, Floyd, Briscoe, Hall and Childress are hereby attached to thecounty of Donley for judicial purposes; the coun<pc force="weak">-</pc><lb break="no" />ties of Greer, Collingsworth, Gray, Hutchinson, Hansford, Ochiltree, Roberts, Hemphill and Lipscomb are hereby attached to the county of Wheeler for judicial purposes.</p>
<p>Sec. 5. The twenty-ninth judicial district shall be composed of the counties of Parker and Tarrant, and from and after the first day of July 1883, the district court shall be held therein as follows: In the county of Parker on the first Mondays in February and August, and may con<pc force="weak">-</pc><lb break="no" />tinue in session six weeks; in the county of Tarrant, on the sixth Mon<pc force="weak">-</pc><lb break="no" />days after the first Mondays in February and August, and may continue in session until the business is disposed of.</p>
<p>Sec. 6. That the counties of Coleman, Burnet, Lampasas, Comanche and Brown, be and the same are hereby constituted the seventeenth ju<pc force="weak">-</pc><lb break="no" />dicial district: That district court shall be held in the seventeenth judi<pc force="weak">-</pc><lb break="no" />cial district as follows: In the county of Comanche on the first Mondays in March and September, and may continue in session three weeks; in the county of Brown on the fourth Mondays in March and September, and may continue in session three weeks; in the county of Coleman on the third Mondays in April and October, and may continue in session two weeks; in the county of Burnet on the second Mondays in May and No<pc force="weak">-</pc><lb break="no" />vember, and may continue in session three weeks; and in the county of Lampasas on the third Mondays after the second Mondays in May and November and may continue in session until the business is disposed of.</p>
<p>Sec. 7. The seventh judicial district shall be composed of the counties of Smith, Henderson, Van Zandt, Wood, Upshur and Gregg. That from and after the fifteenth day of July A. D. 1883, the term of the district<pb n="337" ed="gammelslawsoftexas" /><pb ed="unknown" n="31" /><fw type="header" place="top">Laws of the State of Texas.</fw>court of the seventh judicial district shall be held annually at the follow<pc force="weak">-</pc><lb break="no" />ing specified times: In the county of Henderson on the last Monday in February and the third Monday in August, and may continue in session three weeks; in the County of Van Zandt on the third Monday after the last Monday in February and third Monday in August, and may continue in session four weeks; in the county of Wood on the seventh Monday after the last Monday in February and third Monday in August and may continue in session four weeks; in the County of Upshur on the eleventh Monday after the last Monday in February and third Monday in August, and may continue in session two weeks; in the county of Gregg on the thirteenth Monday after the last Monday in February and the third Mon<pc force="weak">-</pc><lb break="no" />day in August, and may continue in session three weeks; in the county of Smith on the sixteenth Monday after the last Monday in February and the third Monday in August, and may continue in session until the busi<pc force="weak">-</pc><lb break="no" />ness is disposed of.</p>
<p>Sec. 8. The thirty-fourth judicial district shall be composed of the counties of Jack, Young, Archer, Clay, Wichita, Wilbarger, Baylor, Throckmorton, Haskell, Knox, Hardeman, King, Cottle, Dickens, Motley, Crosby, Lubbock, Hale, Hockley, Lamb, Bailey, and Cochran, and the district court shall be held therein as follows: In the county of Jack, on the second Mondays in January and July, and may continue in session three weeks; in the county of Clay on the third Mondays after the second Mondays in January and July, and may continue in session three weeks; in the County of Wichita, on the sixth Mondays after the second Mon<pc force="weak">-</pc><lb break="no" />days in January and July, and may continue in session two weeks; in the county of Wilbarger, on the eighth Mondays after the second Mondays in January and July, and may continue in session two weeks; in the county of Archer, on the tenth Mondays after the second Mondays in January and July, and may continue in session one week; in the county of Baylor, on the eleventh Mondays after the second Mondays in January and July, and may continue in session three weeks; in the County of Throckmorton, on the fourteenth Mondays after the second Mondays in January and July, and may continue in session one week; in the county of Young, on the fifteenth Mondays after the second Mondays in Janu<pc force="weak">-</pc><lb break="no" />ary and July, and may continue in session three weeks. The counties of Hardeman and Cottle are hereby attached for judicial purposes to the county of Wilbarger, the county of Haskell to the county of Throck<pc force="weak">-</pc><lb break="no" />morton, and the counties of Knox, King, Dickens, Motley, Crosby, Lub<pc force="weak">-</pc><lb break="no" />bock, Hale, Hockley, Lamb, Bailey and Cochran to the county of Baylor.</p>
<p>Sec. 9. From and after July 15th 1883, the district courts in the counties of Sabine, San Augustine and Nacogdoches, in the third judicial district, shall be held as follows: In the county of Sabine on the last Mondays in January and August, and may continue in session two weeks; in the county of San Augustine on the second Mondays after the last Mondays in January and August and may continue in session two weeks; in the county of Nacogdoches, on the fourth Mondays after the last Mondays in January and August, and may continue in session four weeks. The courts in the other counties of said third district shall be held as provided by law.</p>
<p>Sec. 10. The sixteenth judicial district shall be composed of the counties of Williamson and Travis, and district courts shall be held therein as follows: In the county of Williamson, on the second Mon<pc force="weak">-</pc><lb break="no" />days in May and November and may continue in session six weeks; in<pb n="338" ed="gammelslawsoftexas" /><pb ed="unknown" n="32" /><fw type="header" place="top">Laws of the State of Texas.</fw>the county of Travis on the first Mondays in January and July, and may continue in session until the business disposed of.</p>
<p>Sec. 11. There shall be a district attorney for the sixteenth judicial district, who shall be appointed by the Governor, after this act takes effect as to said district, and shall hold his office until the next general election, at which time his successor shall be elected.</p>
<p>Sec. 12. This act shall take effect and be in force as to the sixteenth and seventeenth judicial districts, from and after the first Monday in August A. D. 1883.</p>
<p>Sec. 13. Be it further enacted: That all writs and process return<pc force="weak">-</pc><lb break="no" />able to the district courts of the several counties mentioned in this act, shall be returnable to the first terms of said courts, respectively begun and held under the provisions of this act, except as in this act is other<pc force="weak">-</pc><lb break="no" />wise provided, and shall be as valid as if no change had been made in the times of holding said courts.</p>
<p>Sec. 14. That all laws and parts of laws in conflict with this act, be and they are hereby repealed.</p>
<p>Sec. 15. The fact that the district courts of many counties in this State have more business than can be disposed of within the time now allowed them by law, and this act extends the time and affords the neces<pc force="weak">-</pc><lb break="no" />sary relief, and that the session of the Legislature is drawing to a close, and this act cannot probably be reached in regular order in time to secure its passage, creates an emergency and imperative public necessity that the constitutional rule requiring this bill to be read on three several days be suspended and it is suspended, and that this act take effect from and after its passage, except as in this act is otherwise provided, and it is so enacted.</p>
<closer>
<dateline>Approved <date>March 27, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLII.</head>
<opener>
<salute>An Act to amend Article 951, Title 24, of the Re<pc force="weak">-</pc><lb break="no" />vised Statutes of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 951, Title 24, of the Revised Statutes, be so amended as to hereafter read as follows:</p>
<p>&#8220;Article 951. The Clerk of the District Court, Clerk of the County &#8220;Court, and Justices of the Peace, shall each make a full and complete &#8220;report under oath in writing, to the Commissioners Court at each reg<pc force="weak">-</pc><lb break="no" />ular term thereof, of all fines imposed and judgments rendered, and &#8220;jury fees collected in their respective courts in favor of or for the use &#8220;of the county, which reports shall be filed in the office of the clerk of &#8216;The county court of the county for which the same are made.&#8221;</p>
<p>Sec. 2. And that all laws and parts of laws in conflict with the pro<pc force="weak">-</pc><lb break="no" />visions of this act, be and the same are hereby repealed.</p>
<closer>
<dateline>Approved <date>March 27, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<pb n="339" ed="gammelslawsoftexas" /><pb ed="unknown" n="33" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XLIII.</head>
<opener>
<salute>An Act to authorize the Secretary of State to sell copies of the General and Special Laws of the State.</salute>
</opener>
<p>Section 1. Be enacted by the Legislature of the State of Texas; That the Secretary of State be, and is hereby authorized to sell copies of the General and Special laws of the State of Texas, that have been or may hereafter be published, at a price not to exceed twenty-five per cent above cost of publishing; provided, that a sufficient number of all laws published be reserved from sale for the use of the State; and provided further, that any money realized in excess of the costs attending such sale, shall be placed to the account of the general revenue in the State treasury.</p>
<p>Sec. 2. The near approach of the end of the present session of the Legislature endangering the passage of this bill, creates an imperative necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and it is so suspended, and the pressing demand for these laws creates an emergency that this act should take ef<pc force="weak">-</pc><lb break="no" />fect from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>March 27, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLIV.</head>
<opener>
<salute>An act to provide for an organization of a board to direct, supervise and control the work of obtaining and presenting statements, accounts and abstracts showing the amount and character of the claims of the State of Texas against the government of the United States for moneys expended by said State in protecting her frontiers; to prepare proper vouchers, and to obtain and present neces<pc force="weak">-</pc><lb break="no" />sary proof in support of said claim as required by an act of Congress entitled &#8220;An Act to authorize the Secretary of the Treasury to examine and report to Congress the amount of all claims of the States of Texas, Colorado, Oregon, Nebraska, California, Kansas and Nevada, and the Territories of Washington and Idaho for moneys expended, and in<pc force="weak">-</pc><lb break="no" />debtedness assumed by said States and Territories, in repelling in<pc force="weak">-</pc><lb break="no" />vasion, and suppressing Indian hostilities and for other purposes;&#8221; ap<pc force="weak">-</pc><lb break="no" />proved June 27th 1882: to provide means and to employ the necessary clerical force to enable said board to discharge its duties, and to make an appropriation to pay the expenses of the same.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the Governor, Comptroller of Public Accounts and Adjutant Gen<pc force="weak">-</pc><lb break="no" />eral be and they are hereby constituted a board to arrange and present to the Secretary of the Treasury of the United States all statements, ac<pc force="weak">-</pc><lb break="no" />counts and abstracts, or other necessary data as evidence of the claims of the State of Texas against the Government of the United States for moneys expended in defence of her frontiers, in accordance with an act of Congress authorizing the presentation of such claims, approved June 27th 1882.</p>
<p>Sec. 2. That said board shall have power to employ such clerical force as may be necessary, at prices to be fixed by the board; to send for persons and papers, and to administer oaths; to call on all State and county officers for official statements that may he required; to inspect and copy records, and to do all things necessary and requisite to enable them to arrange, state, and abstract such accounts and claims named in<pb n="340" ed="gammelslawsoftexas" /><pb ed="unknown" n="34" /><fw type="header" place="top">Laws of the State of Texas.</fw>the first section of this act, in the manner required by the Secretary of the Treasury of the United States under authority of said act of Con<pc force="weak">-</pc><lb break="no" />gress; and to obtain and submit proof of the correctness and justice of said claims.</p>
<p>Sec. 3. That said board, if they deem it advisable and proper, may delegate any and all such authority as is herein granted to them, except the power of approving accounts for expenses incurred by virtue of this act to any person or persons they may employ or select to carry out any of the purposes of this act; provided, that this delegation of power to any person or persons so selected by the board, shall be in writing signed by the president of the board and attested by the Adjutant General with his official signature and seal of office.</p>
<p>Sec. 4. That said board are hereby empowered to expend any and all sums of money under the appropriation hereinafter made in this act, necessary in searching for, arranging and presenting statistics, accounts, vouchers, or other proof requisite to make out and sustain the said claims.</p>
<p>Sec. 5. That said board when they shall have prepared the abstracts and accounts of the said claim of Texas, shall file the same with the Sec<pc force="weak">-</pc><lb break="no" />retary of the Treasury of the United States, accompanied with such vouchers or other evidence in support thereof as they may have obtained.</p>
<p>Sec. 6. The Comptroller shall draw his warrant upon the State Treas<pc force="weak">-</pc><lb break="no" />urer for such sums as may be required under the provisions of this act, upon the certificate of their correctness by the president of said board, attested by the Adjutant General, whether the same shall be for salaries to clerks or other help, or for ordinary or extraordinary expenses made necessary in carrying out the provisions of this act.</p>
<p>Sec. 7. That the Governor shall be president of the board herein pro<pc force="weak">-</pc><lb break="no" />vided for.</p>
<p>Sec. 8. That the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treas<pc force="weak">-</pc><lb break="no" />ury not otherwise appropriated, to pay for clerical or other labor and all necessary expenses of every character incurred in carrying out the pro<pc force="weak">-</pc><lb break="no" />visions of this act.</p>
<p>Sec. 9. Whereas the present financial needs of the State of Texas re<pc force="weak">-</pc><lb break="no" />quire that she shall collect all moneys due her as soon as possible, and the time within which the duties to be performed under this act is limited and said duties and the work and labor to be performed, in order to properly present the claims and demands of the State of Texas to the Government of the United States are very great and arduous, therefore an emergency exists and an imperative public necessity demands that the onstitutional rule requiring all bills to be read on three several days, be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>March 28, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
</div2>
<pb n="341" ed="gammelslawsoftexas" /><pb ed="unknown" n="35" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XLV.</head>
<opener>
<salute>An Act to amend Article 4724, Chapter 3, Title 95 of the Revised Statutes, to fix and equalize the compensation of asses<pc force="weak">-</pc><lb break="no" />sors of taxes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That article 4724, chapter 3, title 95 shall hereafter read as follows.</p>
<p>Article 4724. Each assessor of taxes shall receive the following com<pc force="weak">-</pc><lb break="no" />pensation for his services which shall be estimated upon the total values of the property assessed, as follows: For assessing the State and county tax, on all sums of two millions of dollars or less, five cents for each one hundred dollars of property assessed, and all sums over two millions and less than five millions of dollars, two and one half cents on each one hun<pc force="weak">-</pc><lb break="no" />dred dollars, and all sums over five millions of dollars, two cents on each one hundred dollars. Two-thirds of the above fees shall be paid by the State, and one-third by the county, and for assessing the poll tax, five cents for each poll which shall be paid by the State.</p>
<p>Sec. 2. The near approach of the close of the session creates an emer<pc force="weak">-</pc><lb break="no" />gency requiring the suspension of the constitutional rule requiring bills to he read on three several days, and said rule is hereby suspended.</p>
<closer>
<dateline>Approved <date>March 28, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLVI.</head>
<opener>
<salute>An Act to permit the State Fireman&#8217;s Association to erect a monument in the Capitol grounds in the city of Austin.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the State Fireman&#8217;s Association of Texas be and they are hereby permitted to erect a monument in the Capitol grounds in the city of Austin, at such a place therein as may be agreed upon between the Cap<pc force="weak">-</pc><lb break="no" />itol Board and the proper authorities of said association.</p>
<p>Sec. 2. That said monument shall cost said association not less than five thousand dollars, and that the names of only those firemen who have lost their lives in discharge of their duty as firemen shall have their names engraved on said monument.</p>
<p>Sec. 3. Whereas the patriotic firemen of the State of Texas are anx<pc force="weak">-</pc><lb break="no" />ious to begin at once the work upon a monument to their heroic dead, and whereas the days of this session of the Legislature are numbered, therefore an imperative public necessity and an emergency exist for the suspension of the rules and that this act take effect from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>March 28, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after its passage.</p>
</div2>
<pb n="342" ed="gammelslawsoftexas" /><pb ed="unknown" n="36" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XLVII.</head>
<opener>
<salute>An Act to regulate, the condemnation of property in cities and towns for the purpose of opening, widening or changing public streets, avenues or alleys, or for water mains, or sewers.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That whenever the city council of any incorporated city or town shall deem it necessary to take any private property in order to open, change or widen any public street, avenue or alley, or for the construction of water mains, or sewers within or without the limits of such city or town, such property may be taken for such purpose by making just compensa<pc force="weak">-</pc><lb break="no" />tion to the owner thereof. If the amount of such compensation cannot be agreed upon it shall be the duty of such city council to cause to be stated in writing the real estate or property sought to be taken, the name of the owner thereof and his residence if known, and file such statement with the county judge of the county in which said property is situated.</p>
<p>Sec. 2. Upon the filing of such statement it shall be the duty of said judge in term time or vacation to appoint three disinterested free-hold<pc force="weak">-</pc><lb break="no" />ers and qualified voters of the county as special commissioners to assess the damages to accrue to the owner by reason of such proposed condem<pc force="weak">-</pc><lb break="no" />nation.</p>
<p>Sec. 3. The commissioners so appointed shall in their proceedings be governed and controlled by the laws in force in reference to the con<pc force="weak">-</pc><lb break="no" />demnation of the right of way for railroad companies and the assessment of the damages therefor, the city or town occupying the position of the railroad company and all laws in reference to applications for the condem<pc force="weak">-</pc><lb break="no" />nation of the right-of-way for railroad companies including the measure of damages, the right of appeal and the like shall apply to an application by a city or town tinder this act for the condemnation of property for the purpose of opening, changing, or widening streets, avenues or alleys, or for the construction of water mains or sewers, the city or town to occupy the position of the railroad company.</p>
<p>Sec. 4. Article 478 of the Revised Statutes be and the same are hereby repealed.</p>
<p>Sec. 5. The crowded condition of the business on hand and the near approach of the close of the session creates an imperative public necessity authorizing the suspension of the constitutional rule requiring hills to be read on, three several days and said rule is hereby suspended.</p>
<closer>
<dateline>Approved <date>March 28, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLVIII.</head>
<opener>
<salute>An Act to provide annual pensions for the surviv<pc force="weak">-</pc><lb break="no" />ing soldiers or volunteers of the Texas devolution, and the surviving signers of the Declaration of Independence of Texas, and the surviv<pc force="weak">-</pc><lb break="no" />ing widows of such soldiers or volunteers and signers.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That to every surviving soldier or volunteer who served in the war be<pc force="weak">-</pc><lb break="no" />tween Texas and Mexico, in the army of Texas, at any time between the commencement of the Revolution at Gonzales in 1835, and the first day<pb n="343" ed="gammelslawsoftexas" /><pb ed="unknown" n="37" /><fw type="header" place="top">Laws of the State of Texas.</fw>of January 1837, and to every surviving signer of the Declaration of the Independence of Texas, and to every surviving widow of any such soldier or volunteer, or signer, who is and who has always been unmarried since the death of such soldier or volunteer, or signer, and so long as such widow may remain unmarried, there shall be and is hereby granted an annual pension of one hundred and fifty dollars as hereinafter provided; provided, however, that this act shall only apply to resident citizens of this State.</p>
<p>Sec. 2. Each applicant for a pension under this act shall make appli<pc force="weak">-</pc><lb break="no" />cation in writing for the same to the county judge of the county of his or her residence, and such application shall state the name, age and resi<pc force="weak">-</pc><lb break="no" />dence of the applicant; whether or not the applicant received any pen<pc force="weak">-</pc><lb break="no" />sion or veteran donation land certificate under any previous law; a list of the real and personal property owned by the applicant, and the present value of the same; and what property, and the value thereof, that such applicant may have sold or conveyed within twelve months prior to the date of such application. And in addition to the foregoing, each male applicant shall further state the time he rendered such service, and the command he served in; and each female applicant shall further state the name of her deceased husband, the date of his death, that she is unmar<pc force="weak">-</pc><lb break="no" />ried, and has so remained ever since the death of her husband, and shall further state, as accurately as she can, the time her said deceased husband rendered such service, and the command he served in. Should the applicant be a signer of such Declaration of Independence, or a widow of such signer, he or she shall state all that is hereinbefore, required, ex<pc force="weak">-</pc><lb break="no" />cept as to the military service, and in lieu of which, it shall state that the applicant was a signer of such Declaration of Independence, or is the widow of such signer, which application shall be subscribed and sworn to by the applicant, and the same shall be supported by the affidavits of at least two credible witnesses who reside in this State, and shall show that the facts stated by the applicant are true, and that the applicant is known and regarded in his or her neighborhood as a Texas veteran, or signer of the Declaration of Texas Independence, or the widow of a Texas veteran or signer of the Declaration of Texas Independence.</p>
<p>Sec. 3. Such application so signed by the applicant and two credible witnesses, shall be presented to the county judge, who shall hear evidence as to the property and the value of the same as stated in such application, and he shall then make his certificate under the seal of his office, attested by the clerk, stating his conclusions as to the value of the property owned by the applicant, and also the value of the property sold or conveyed by the applicant within twelve months previous to the date of his certificate; the county judge shall further state whether or not he believes the appli<pc force="weak">-</pc><lb break="no" />cant&#8217;s claim for a pension is a valid and just one, and that said person, veteran or widow, is in indigent circumstances, provided, that no appli<pc force="weak">-</pc><lb break="no" />cant shall be deemed to be in indigent circumstances who owns property exceeding one thousand dollars in value. Upon the hearing of such ap<pc force="weak">-</pc><lb break="no" />plication, the State shall be represented by the county attorney, or some other attorney appointed by the court, and it shall be the duty of the county or other attorney, to summon witnesses to testify in behalf of the State, and to secure such other testimony, oral or written, as may be necessary to protect the interests of the State.</p>
<p>Sec. 4. Such application so prepared and certified to, shall be filed with the Comptroller of Public Accounts, whose duty it shall be to sat<pc force="weak">-</pc><lb break="no" />isfy himself that the applicant is entitled to the pension herein provided,<pb n="344" ed="gammelslawsoftexas" /><pb ed="unknown" n="38" /><fw type="header" place="top">Laws of the State of Texas.</fw>and he may require further and additional proof of the identity of the applicant, the service rendered, or of any other fact, by affidavit or rec<pc force="weak">-</pc><lb break="no" />ord evidence, provided, no pension shall be granted any one under this act, whose claim has been rejected by the Veteran Board of this State as fraudulent.</p>
<p>Sec. 5. No person shall be entitled to a pension under this act unless it shall be made to appear to the Comptroller from the evidence as re<pc force="weak">-</pc><lb break="no" />quired in sections 2 and 3 of this act, that said person or veteran is in in<pc force="weak">-</pc><lb break="no" />digent circumstances, and is unable to provide a necessary support for himself or herself.</p>
<p>Sec. 6. The pension herein provided for shall begin on the first day of January 1883, and shall be paid quarterly in advance; that is to say thirty-seven dollars and fifty cents on the first day of January, April, July and October of each year, and the Comptroller shall draw his war<pc force="weak">-</pc><lb break="no" />rant for the same on the Treasurer, and upon presentation the Treasurer shall pay the same out, of any moneys in the Treasury which may be ap<pc force="weak">-</pc><lb break="no" />propriated for this purpose.</p>
<p>Sec. 7. On or after the first of each quarter the pensioner shall make his affidavit, stating the county of his residence, and that he is the iden<pc force="weak">-</pc><lb break="no" />tical person to whom a pension has been granted under this act which affidavit shall be supported by the affidavit of some other credible per<pc force="weak">-</pc><lb break="no" />son to the same fact, and which affidavit may be made before any one authorized to administer oaths, which affidavit shall be filed with the<pc force="weak">-</pc><lb break="no" />Comptroller, and upon the filing of the same the Comptroller shall draw his warrant for the quarter found to be due.</p>
<p>Sec. 8. The necessities of those herein provided for, creates such an emergency, that an imperative public necessity exists that the constitu<pc force="weak">-</pc><lb break="no" />tional rule requiring bills to be read on three several days be suspended, and that this bill take effect from and after its passage, and it is so en<pc force="weak">-</pc><lb break="no" />acted.</p>
<closer>
<dateline>Approved <date>March 28, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XLIX.</head>
<opener>
<salute>An Act confirming patents and surveys by virtue of headright and bounty warrants issued under special laws enacted after March 31st 1870 and prior to April 17th 1876.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That all surveys and patents by virtue of headright or bounty warrants issued under special laws enacted after March the 31st 1870 and prior to April the 11th 1876 to which there is no valid legal objection other than that such special laws are supposed to be in conflict with the Constitution then in force, are hereby validated and confirmed and declared to be as binding upon the State as they otherwise would be if such special laws had been permitted by the Constitution; provided that, if such headright or bounty certificates have been forfeited under existing laws by location and survey on appropriated land, this act shall not be construed to revive the same; provided further, this act shall only apply to soldiers and heirs and actual settlers of Texas, and their vendees, to whom lands have been granted.</p>
<pb n="345" ed="gammelslawsoftexas" /><pb ed="unknown" n="39" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 2. The confusion and uncertainty respecting this class of titles creates an emergency that this act take effect and be in force from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>March 31, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER L.</head>
<opener>
<salute>An Act to amend Article 1077 of Chapter 3 Title 15 of the Code of Criminal Procedure relating to fees paid for holding inquests.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That article 1077 of chapter 3, title 15 of the Code of Criminal Pro<pc force="weak">-</pc><lb break="no" />cedure be amended so as to hereafter read as follows:</p>
<p>Article 1077. A justice of the peace shall be entitled for issuing a summons for a jury and all other business connected with an inquest on a dead body including certifying and returning the proceeding to the proper court, the sum of five dollars, to be paid by the county; provided, that when an inquest is held over the dead body of a State penitentiary convict, the State shall pay the inquest fees allowed by law, of all offi<pc force="weak">-</pc><lb break="no" />cers, upon the approval of the account therefor by the county commis<pc force="weak">-</pc><lb break="no" />sioners&#8217; court of the county in which the inquest may be held, and the superintendent of penitentiaries; and provided further, that no inquest shall be held on the dead body of a State penitentiary convict if said con<pc force="weak">-</pc><lb break="no" />vict died from disease and was attended by a regular physician, and a certificate by said physician showing said facts, be filed in the office of the county judge of the county in which said convict died, and in the office of the Superintendent of Penitentiaries.</p>
<p>Sec. 2. The fact that this bill may not be reached in the regular or<pc force="weak">-</pc><lb break="no" />der, creates a necessity for suspending the rule requiring this bill to be read on three several days and it is hereby suspended.</p>
<closer>
<dateline>Approved <date>March 31, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LI.</head>
<opener>
<salute>An Act to amend Articles 1667 and 1693 of the Re<pc force="weak">-</pc><lb break="no" />vised Statutes.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That article 1667 of the Revised Statutes be so amended as to read as fol<pc force="weak">-</pc><lb break="no" />lows :</p>
<p>&#8220;Article 1667. At the first regular or called session of the commis<pc force="weak">-</pc><lb break="no" />sioners&#8217; court in each county in each year, or as soon thereafter as &#8220;practicable, said court shall select and appoint some suitable and &#8220;competent person in each election precinct, to serve as presiding &#8220;officer of elections in said precinct, and said appointment shall be &#8220;noted upon the minutes of the court; provided, that the commissioners&#8217; &#8220;court of any county may have the power when they deem advisable, to &#8220;appoint two presiding officers for each election precinct, one of whom<pb n="346" ed="gammelslawsoftexas" /><pb ed="unknown" n="40" /><fw type="header" place="top">Laws of the State of Texas.</fw>&#8220;shall be the presiding officer at the ballot box used for the deposit of &#8220;ballots cast for electors for President and Vice-President of the United &#8220;States, and members of Congress of the United States, and the other &#8220;presiding officer at the ballot box used for the deposit of ballots cast &#8220;for State, district and county officers.</p>
<p>Sec. 2. That article 1693 of the Revised Statutes be so amended as to read as follows:</p>
<p>&#8220;Article 1693. In all elections by the people, the vote shall be by &#8220;ballot, which ballot may be either written or printed, or written in part, &#8220;or printed in part, which ballot shall be deposited in the ballot box &#8220;as hereinafter provided; provided, however, that whenever the commis<pc force="weak">-</pc><lb break="no" />sioners&#8217; court of any county shall have made an order appointing two &#8220;presiding officers in each election precinct, as provided in article 1667, &#8220;then one of said presiding officers shall be designated as the presiding &#8220;officer to receive and count, and return, as provided by law, the ballots &#8220;for electors for President and Vice-President of the United States, and &#8220;members of Congress of the United States, and the other of said pre<pc force="weak">-</pc><lb break="no" />siding officers shall be designated as the officer to receive, count and re<pc force="weak">-</pc><lb break="no" />&#8220;turn the ballots cast for State, district and county officers; each to be &#8220;provided with a metallic or wooden box, to be used for said purpose: &#8220;and all laws in force pertaining to the holding of elections and making &#8220;returns thereof shall apply alike to the managers of the election at &#8220;each of said ballot boxes.</p>
<p>Sec. 3. The near approach of the close of the present session of the Legislature, and the probability that this bill will not become a law, cre<pc force="weak">-</pc><lb break="no" />ates an imperative public necessity for dispensing with the constitutional rule requiring this bill to be read on three several days in each house of the Legislature; and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 2, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LII.</head>
<opener>
<salute>An Act to create the land districts of Mitchell and Howard.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the counties of Mitchell, Scurry, Kent, Garza, Dickens, Crosby and Lubbock be and the same are hereby made and constituted the Mitchell Land District, and the county surveyor of Mitchell county shall be the surveyor of said district. He shall keep his office in the town of Colorado City, and the records of all files and surveys of land in said district shall be kept in said office.</p>
<p>Sec. 2. That the counties of Howard, Borden, Lynn, Hockley, Cock<pc force="weak">-</pc><lb break="no" />ran, Terry, Yoakum, Dawson, Gaines, Andrews and Martin be and the same are hereby made and constituted the Howard Land District, and the county surveyor of Howard county shall be the surveyor of said district. He shall keep his office in the town of Big Springs, and the records of all files and surveys of land in said district shall be kept in said office.</p>
<p>Sec. 3. It shall be the duty of the Commissioner of the General Land Office immediately after the taking effect of this act to furnish each of the surveyors named in this act, with a certified copy of the maps and field notes of all surveys in their said districts, which shall be filed in<pb n="347" ed="gammelslawsoftexas" /><pb ed="unknown" n="41" /><fw type="header" place="top">Laws of the State of Texas.</fw>their said offices and shall be public archives thereof, and it shall not be lawful for said surveyors to make any surveys within their said districts until said certified maps and field notes are received by them.</p>
<p>Sec. 4. That all laws and parts of laws in conflict with this act, in so far, as the same may effect the land districts hereby created, be and the same are hereby repealed.</p>
<closer>
<dateline>Approved <date>April 2, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LIII.</head>
<opener>
<salute>An Act to authorize and require the County Com<pc force="weak">-</pc><lb break="no" />missioner&#8217;s Courts of the several counties of this State to provide for the payment of all claims due teachers of public free schools audited as valid claims under acts of the Legislature of Texas approved August 7th 1876, or April 22nd A. D. 1879, and to audit and pay such claims as should have been presented to, and audited by the auditorial board provided by said acts.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the County Commissioners&#8217; Courts of the several counties in this State are hereby authorized and required in cases where any part of claims audited as valid under an act of the Legislature of Texas approved August 7th 1876, entitled &#8220;An Act to ascertain the amounts due teachers for services rendered in public schools from September 1st 1873 to Jan<pc force="weak">-</pc><lb break="no" />uary 1st 1876, and to provide for the payment of the same, or under the act approved April 22nd 1879 entitled &#8220;An Act to ascertain the amount due teachers for services rendered in public schools from September 1st 1873, to August 1st 1876, and to provide for the payment of the same&#8221; remains unpaid, to cause to be issued in favor of the holder of such claim, a warrant upon the county treasury against the school district owing such claim, for the amount due upon each claim.</p>
<p>Sec. 2. That where the auditorial boards provided under said acts of 1876 and 1879 failed to act in any county, or where from any other cause, a just claim was not presented to, and audited by such boards in any county then the holder of such claim may present the same to the Commissioners&#8217; Court of such county, who shall audit the same and issue a warrant therefor as is provided in section 1 of this act, and make pro<pc force="weak">-</pc><lb break="no" />vision for the payment thereof as indicated in section 3 of this act.</p>
<p>Sec. 3. That if there should not be money enough in the treasury of such county belonging to such school district to pay off the warrants pro<pc force="weak">-</pc><lb break="no" />vided for in sections 1 and 2 of this act then said Commissioners&#8217; Courts are hereby authorized and required to levy a special tax upon the tax<pc force="weak">-</pc><lb break="no" />able property within such district, to be collected as other taxes, suffi<pc force="weak">-</pc><lb break="no" />cient to pay off said claims; provided that when in any county in which the boundaries of the several school districts were never defined nor the amount of such claims is found to be so small as not to justify the levy<pc force="weak">-</pc><lb break="no" />ing of a separate tax against such district, then the commissioners may in their discretion order such amount to be paid out of the general fund; provided further, that in counties in which school districts were never defined, the same shall be paid out of the general fund; and provided further, that where the tax to be levied on the district would be less than one tenth of one per cent on the one hundred dollars, then it shall be paid out of the general fund.</p>
<pb n="348" ed="gammelslawsoftexas" /><pb ed="unknown" n="42" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 4. That all claims such as are mentioned in sections 1 and 2 of this act, which are not presented to the several Commissioners&#8217; Courts within six months after this act Shoes into effect, shall be forever barred.</p>
<p>Sec. 5. The crowded condition of the business on hand, and the near approach of the close of the session creates an imperative public necessity authorizing the suspension of the constitutional rule requiring bills to be read on three several days, and such rule is hereby suspended.</p>
<closer>
<dateline>Approved <date>April 2, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LIV.</head>
<opener>
<salute>An Act for the protection of the wool growing inter<pc force="weak">-</pc><lb break="no" />ests of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That whenever it appears from the assessor&#8217;s rolls, that there are as many as five hundred sheep owned and assessed for taxes in any county of this State, it shall be the duty of the commissioners&#8217; court, of said county upon the application of one or more resident owners of sheep of said county, to appoint an inspector of sheep, who shall be a resident citizen of the county, and well versed in the scab and other diseases which usu<pc force="weak">-</pc><lb break="no" />ally affect sheep; and said inspector shall hold his office for two years, or until his successor is qualified. Said inspector may appoint one or more deputies who shall take the oath of office prescribed by the Constitution, and may lawfully perform the same acts as the inspector of sheep, who may require of his deputies bonds for the faithful performance of duty.</p>
<p>Sec. 2. Said inspector of sheep shall, within twenty days after re<pc force="weak">-</pc><lb break="no" />ceiving notice of said appointment, and before entering upon the duties of his office, execute a bond with two or more good and sufficient sure<pc force="weak">-</pc><lb break="no" />ties, in a sum to be fixed by the commissioners&#8217; court, not less than one thousand, nor more than five thousand dollars, payable to the county judge and his successors in office, conditioned that he will faithfully and impartially discharge, and perform all the duties incumbent upon him as inspector of sheep. Said bond shall be approved by the commissioners&#8217; court, and recorded in the office of the county clerk of said county.</p>
<p>Sec. 3. It shall be the duty of the inspector of sheep, or his deputy, to carefully and minutely examine and inspect, at any time, sheep in his county, or which may be driven into or through his county, and which he has reason to believe, or is informed in writing by one or more sheep owners of the county, is affected with scab, or any other infectious or contagious disease.</p>
<p>Sec. 4. The inspector shall be entitled to receive the sum of two cents per head, unless otherwise provided in this act, for all sheep inspected under the provisions of this act, provided, the inspector shall be entitled to only one cent per head for any number he may inspect for any one person in excess of two thousand head; in no one case shall his fees ex<pc force="weak">-</pc><lb break="no" />ceed fifty dollars. Such fees to be paid by the owner or person in charge of the sheep inspected; provided, that when an inspector shall inspect any sheep and find no scab to exist in the flock of sheep so inspected, then the fees for such services shall be paid by the party at whose instance such services were performed; and provided further, that the inspector shall have a lien for his fee, upon all sheep inspected by him and found<pb n="349" ed="gammelslawsoftexas" /><pb ed="unknown" n="43" /><fw type="header" place="top">Laws of the State of Texas.</fw>to be diseased with scab; also provided, that if any owner or person in charge of sheep affected with scab, report in writing to the county in<pc force="weak">-</pc><lb break="no" />spector or his deputy, that his sheep are so affected, amid that he proposes to take means forthwith to cure the same; it shall not be lawful for the inspector to inspect such flock, or receive any fees for the same within twenty days after said report, provided, the inspector in such cases shall prescribe limits for said flock. Provided, that if after the expiration of the twenty clays aforesaid, the inspector has received no notice in writing as hereinafter provided, from the party in charge of said flock, that he has thoroughly dipped his flock to cure the same as proposed, then the inspector shall be entitled to- receive from such parties in charge of such sheep, the same fee as though he had inspected said flock and found the same&#8217; diseased; provided further, that no person shall be required to dip his ewe sheep if pregnant with lamb, at any time within twenty days be<pc force="weak">-</pc><lb break="no" />fore or after lambing, but such person shall, nevertheless be required to hold such sheep within the portion of country prescribed by the county inspector for such sheep to be held in, during the time they are so affected with scab.</p>
<p>Sec. 5. Whenever any flock of sheep, in any county of this State, has been inspected and found to be afflicted with scab, it shall be the duty of the owner or person in charge of such flock, to thoroughly dip the same within twenty days from such inspection, and report such fact in writ<pc force="weak">-</pc><lb break="no" />ing to the inspector; and if no such report be made by the said owner, or person in charge of said flock, then it shall be the duty of the inspec<pc force="weak">-</pc><lb break="no" />tor to again inspect said flock, and may receive his fees as hereinbefore provided.</p>
<p>Sec. 6. It shall be the duty of the inspector, or his deputy, after the expiration of ninety clays from the date of notification in writing, that any flock that is diseased, as provided in section 4, or from date of in<pc force="weak">-</pc><lb break="no" />spection of any diseased flock, or at any time they have reason to suspect said flock is afflicted with scab, to again carefully and minutely examine and inspect such flock or flocks, and if scab is still found to exist in said sheep, then the owner or person in charge of such sheep shall be required to again dip such sheep, as is required in the preceding section of this act.</p>
<p>Sec. 7. Whenever, by examination, inspection or otherwise, scab is found to exist in any flock of sheep in any county, the inspector shall at once notify the owner or person in charge thereof, of said fact, and shall prescribe certain limits within which said flock shall be herded until cured, provided, no person shall be so limited as to prevent him from herding or keeping his sheep on his own lands, or lands lawfully controlled by him, if the tracts of said land be so contiguous to each other, that in herding or driving the sheep, that the same will not go or he upon any tract or tracts of land of some other person; also provided, that the liberty given any person to hold diseased sheep anywhere upon lands lawfully controlled" by him, shall not in any way be construed to exempt him from the provisions of sections 5 and 6 of this act.</p>
<p>Sec. 8. It shall be the duty of any owner or person in charge of sheep in which scab is found to exist, to immediately notify all persons in charge of sheep in vicinity of said flock. And until he shall have ob<pc force="weak">-</pc><lb break="no" />tained a certificate from the inspector of his county, that his flock is cured, he shall not remove the same from the limits prescribed by said inspector.</p>
<p>Sec. 9. Any sheep being driven into or through any county in this<pb n="350" ed="gammelslawsoftexas" /><pb ed="unknown" n="44" /><fw type="header" place="top">Laws of the State of Texas.</fw>State shall be accompanied by a certificate from some inspector to the effect; that such sheep are free from scab; it shall state the date of in<pc force="weak">-</pc><lb break="no" />spection, and shall not be older than sixty days, and any person through whose range such sheep are being driven, or about to be driven, shall have the right to see said certificate upon request, and upon refusal to produce the same upon request, the party so refusing shall be guilty of a misde<pc force="weak">-</pc><lb break="no" />meanor, and upon conviction thereof, shall be fined in any sum not ex<pc force="weak">-</pc><lb break="no" />ceeding one hundred dollars, provided however, that said certificate shall not exempt said sheep from inspection at airy time.</p>
<p>Sec. 10. For inspections made under the provisions of the preceding section, the inspector shall be entitled to receive the sum of one cent for each head of sheep covered by the certificate.</p>
<p>Sec. 11. Any sheep Drought into Texas by rail, or other means of trans<pc force="weak">-</pc><lb break="no" />portation, shall be disinfected by dipping or otherwise, before being re<pc force="weak">-</pc><lb break="no" />moved from within a limit which shall be prescribed by the county in<pc force="weak">-</pc><lb break="no" />spector at point of disembarkation, if infected with scab.</p>
<p>Sec. 12. Any inspector of sheep, who shall fail to comply with any of the provisions of this act, or who shall wilfully and knowingly give a false certificate in any case where he is required to give a certificate, or who shall wilfully, and with intent to harrass, or put to expense any owner or person in charge of sheep notify said owner or person in charge, that his flock is diseased, or who shall wilfully demand or receive any fee or compensation where none is allowed by law, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not less than one hundred nor more than two hundred dollars, and thereupon the office shall be deemed vacant, and the commissioners&#8217; court may appoint another inspector for such county.</p>
<p>Sec. 13. Any owner or person in charge of sheep, who shall wilfully and knowingly violate any of the provisions of this act, where the pen<pc force="weak">-</pc><lb break="no" />alty is not otherwise provided by this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than one hundred, nor more than two hundred dollars.</p>
<p>Sec. 14. That all laws and parts of laws in conflict with this act, be and the same are hereby repealed.</p>
<p>Sec. 15. The present law upon the disease of scab being wholly in<pc force="weak">-</pc><lb break="no" />sufficient for the protection of the wool growers of this State, and the ne<pc force="weak">-</pc><lb break="no" />cessity for a more efficient law upon the subject, creates an imperative public necessity and an emergency that the constitutional rule requiring this bill to be read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<p>Sec. 16. The counties of Grayson, Freestone, Gonzales, Cooke, Bell, Coryell, Hamilton, Lampasas, Morris, Titus, Cass, Marion and Bowie, are hereby exempted from the operation of this law.</p>
<closer>
<dateline>Approved <date>April 4, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<pb n="351" ed="gammelslawsoftexas" /><pb ed="unknown" n="45" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LV.</head>
<opener>
<salute>An Act to reserve and set apart three hundred and twenty-five leagues of land heretofore surveyed, for the benefit of the unorganized counties of the State and such organized counties as may have located their four leagues of school land; or any part thereof in conflict with valid prior locations or surveys, or which may from any cause fail to get title to the four leagues of land they are entitled to under the law.</salute>
</opener>
<p>Whereas, the commissioner and the contractor under an act entitled &#8220;An Act to provide for designating and setting apart three hundred leagues of land out of the unappropriated public domain for the benefit of the unorganized counties, and to provide for the survey and location of the same,&#8221; approved March 26th 1881 have surveyed three hundred and twenty-five leagues. And whereas, some of the four leagues of land surveyed for some of the organized counties of this State, have been lo<pc force="weak">-</pc><lb break="no" />cated in conflict with other older surveys; and whereas, other instances of this kind may arise, therefore,</p>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the three hundred and twenty-five leagues of land heretofore sur<pc force="weak">-</pc><lb break="no" />veyed under the provisions of an act entitled, &#8220;An Act to provide for designating and setting apart three hundred leagues of land out of the unappropriated public domain, for the benefit of the unorganized coun<pc force="weak">-</pc><lb break="no" />ties of the State, and to provide for the survey and location of the same, approved March 16th A. D. 1882, be and the same is hereby set apart and shall constitute a reservation out of which each of the unorganized coun<pc force="weak">-</pc><lb break="no" />ties of this State, as it may be organized, shall be entitled to receive four leagues of land for free school purposes, and out of which such or<pc force="weak">-</pc><lb break="no" />ganized counties of this State, as may have located their certificate for four leagues of school land in conflict with or upon land already appro<pc force="weak">-</pc><lb break="no" />priated by valid prior location and survey, or which from any cause have failed to get title to their four leagues of school land, shall be entitled to receive so much of said land as may be necessary to secure to any such county the number of acres it may be entitled to from any cause, or that may be declared to be in conflict by the Commissioner of the General Land Office.</p>
<p>Sec. 2. Each of said leagues of land shall be numbered by the Com<pc force="weak">-</pc><lb break="no" />missioner of the General Land Office, in the order in which it was sur<pc force="weak">-</pc><lb break="no" />veyed, by the contractor or contractors, beginning at number one and ex<pc force="weak">-</pc><lb break="no" />tending to three hundred and twenty-five, and as each of the unorganized counties in this State shall be organized, such county shall be entitled to the first four leagues out of the reservation authorized by this act, which shall not have been patented to other counties for free school pur<pc force="weak">-</pc><lb break="no" />poses. Upon the payment to the Treasurer of the State the actual costs of surveying fees and legal interest thereon from time of payment by the State and upon the payment of such costs and interest, the Commissioner of the General Land Office is hereby required to issue patents to said county for four leagues of land as above provided, but said counties shall not be required to pay patent fees for said patents.</p>
<p>Sec. 3. Any organized county in this State, shall in like manner as provided in the preceding section of this act, be entitled to receive so much of said land, not exceeding four leagues, as shall be necessary to se<pc force="weak">-</pc><lb break="no" />cure to any such county, the number of acres of land heretofore located by such county, and which shall be declared to be in conflict with prior loca<pc force="weak">-</pc><lb break="no" /><pb n="352" ed="gammelslawsoftexas" /><pb ed="unknown" n="46" /><fw type="header" place="top">Laws of the State of Texas.</fw>tions, and surveys by the Commissioner of the General Land Office or by the decree or judgment of any court having jurisdiction of the subject matter. And it shall be the duty of the Commissioner of the General Land Office, upon the written application of the county judge and any two of the county commissioners, accompanied by the decision of the Commissioner of the Land Office, or a certified copy of such decree or judgment, to issue patents to such county upon the same conditions and in like manner, as is provided for unorganized counties. Provided, if any such county should be entitled to receive a quantity less than one league, such land shall be surveyed at the expense of such county, in a square figure with at least two lines thereof (where more than one line is run) commencing on lines of original survey as may be selected by the county judge of the county that is entitled to the survey.</p>
<p>Sec. 4. The sum of two hundred dollars or so much thereof as may be necessary, is hereby appropriated to pay the contractor at the contract price, for surveying said additional twenty-five leagues.</p>
<p>Sec. 5. That all laws and parts of laws in conflict with this act, be and the same are hereby repealed.</p>
<closer>
<dateline>Approved <date>April 7, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LVI.</head>
<opener>
<salute>Ant Act to amend Sections three (3), six (6), and ten (10) of an act in relation to assignments for the benefit of creditors, and to regulate the same and the proceedings thereunder, approved March 24th, A. D. 1879.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That section three (3) of an act of the Legislature of the State of Texas, en<pc force="weak">-</pc><lb break="no" />titled &#8220;An Act in relation to assignments for the benefit of creditors, and be regulate the same and the proceedings thereunder,&#8221; approved March 24th A. D. 1879, be and the same is hereby amended so that it shall hereafter read as follows, to-wit:</p>
<p>&#8220;Section 3. Any debtor desiring so to do, may make an assignment for the benefit of such of his creditors only as will consent to accept their proportional share of his estate, and discharge him from their re<pc force="weak">-</pc><lb break="no" />spective claims, and in such case the benefits of the assignment shall be limited and restricted to the creditors consenting thereto, and such debtor shall thereupon be and stand discharged from all further liabili<pc force="weak">-</pc><lb break="no" />ties to such consenting creditors on account of their respective claims, and when paid they shall execute and deliver to the assignee for the debtor a release therefrom; provided, that such debtor shall not be dis<pc force="weak">-</pc><lb break="no" />charged from liabilities to a creditor who does not receive as much as one-third of the amount due and allowed in his favor as a valid claim against the estate of such debtor.&#8221;</p>
<p>Sec. 2. That section six (6) of said act be and the same is, hereby amended so that it shall hereafter read as follows, to-wit:</p>
<p>&#8220;Section 6. Every such assignee shall be a resident of this State and of the county in which the assignor resides, or in which his principal busi<pc force="weak">-</pc><lb break="no" />ness was conducted, and he shall forthwith after the execution and deliv<pc force="weak">-</pc><lb break="no" />ery of the deed of assignment, cause the same to be recorded as herein provided, in the county of such assignee&#8217;s residence, and also in every<pb n="353" ed="gammelslawsoftexas" /><pb ed="unknown" n="47" /><fw type="header" place="top">Laws of the State of Texas.</fw>county in which there is any real property conveyed to him by such deed of assignment, and shall execute a bond, with sureties, to be approved by the judge of the county court of the county in which the assignee re<pc force="weak">-</pc><lb break="no" />sides, or by the judge of the district court of the judicial district in which such county is situated, conditioned that he will faithfully discharge his duties as such assignee, and that he will make proportional distribution of the net proceeds of the assigned estate among the creditors entitled there<pc force="weak">-</pc><lb break="no" />to, which bond shall be payable to the State of Texas, and shall be filed with the county clerk of the county in which such assignee resides, and shall inure to the benefit of the assignor, and the creditor, or creditors, who may maintain an action thereon against such assignee and sureties, in his or their own name, jointly or severally, for any breach thereof, or violation of this law, by reason of which such assignor or creditor shall sustain damage, and upon the filing of said bond the assignee shall take possession of the assigned property, and proceed to execute the assign<pc force="weak">-</pc><lb break="no" />ment, and if such assignee shall not, within five days after the delivery of the deed of assignment, execute an approved bond and file the same with the county clerk, as herein provided, such assignment shall, never<pc force="weak">-</pc><lb break="no" />theless, take effect as against the assignor and his creditors, and it shall be the duty of the county judge, or judge of the district court, as afore<pc force="weak">-</pc><lb break="no" />said, upon the application of the assignor, or any creditor, and being satisfied that such bond has not been given, approved and filed, to ap<pc force="weak">-</pc><lb break="no" />point in writing another competent assignee, who shall, upon the exe<pc force="weak">-</pc><lb break="no" />cution of such bond, approved and filed as herein provided, take posses<pc force="weak">-</pc><lb break="no" />sion of the assigned property, and proceed to execute the assignment. And it is further enacted, that no fraudulent act, intent or purpose of the assignor or assignee shall have the effect to defeat the assignment or to deprive the creditor&#8217;s consenting thereto from the benefits thereof, but any such fraudulent act, intent or purpose on the part of the aesign.ee shall be sufficient cause for his removal, as being an unsuitable person to perform the trust, and any consenting creditor may be or become a party to prosecute or defend in any suit or proceeding necessary or proper for the enforcement of his rights under such assignments, or for the protec<pc force="weak">-</pc><lb break="no" />tion of his interests in the assigned property.&#8221;</p>
<p>Sec. 3. T-hat section ten (10) of said act be, and the same is, hereby amended so that it shall hereafter read as follows, to-wit:</p>
<p>&#8220;Sec. 10. No assignment shall be declared fraudulent or void for want of any inventory or list, as provided herein, but the absence of the same shall be deemed prima facie evidence that the assignor or debtor has concealed or secreted some of his estate from his assignee or creditors, and whether the said list and inventory be prepared and filed or not, the judge of the district or county court, in whose court the proceedings shall have been filed, and having jurisdiction of the estate assigned, may, on the application of the assignee, or of any creditor of the assignor or debtor, or without such application, if the judge see fit, at all times require, upon such reasonable notice as the judge may direct, the as<pc force="weak">-</pc><lb break="no" />signor or debtor, or any other person, to attend and submit to an exam<pc force="weak">-</pc><lb break="no" />ination, on oath, upon all matters relating to the disposition made, or status of the property of the estate assigned, including all transactions in the past hearing upon the rights of the assignee or creditors with respect to the estate in assignment, as contemplated in law. The judge may enforce attendance and obedience to the orders made by a writ or order directed to the sheriff, or any constable, commanding the arrest of the persons referred to in the writ or order, to be brought be<pc force="weak">-</pc><lb break="no" /><pb n="354" ed="gammelslawsoftexas" /><pb ed="unknown" n="48" /><fw type="header" place="top">Laws of the State of Texas.</fw>fore the judge at a time named for the purpose of examination, as pro<pc force="weak">-</pc><lb break="no" />vided herein, and such examination shall be in writing, and shall be signed by the persons examined, and shall be filed and attested or sworn to with the clerk of the court, wherein the proceedings are pending, for the use of those interested in the estate; provided, nevertheless, that no assignor or debtor shall be prosecuted or punished for any matter or thing disclosed by him on such examination as had above. The costs of such proceedings to be paid out of the estate assigned, or by the applicant for the examination, as the judge in each case may deem right and proper to order.</p>
<p>Sec. 4. The near approach of the close of the session creates an im<pc force="weak">-</pc><lb break="no" />perative public necessity authorizing the suspension of the rule requiring bills to be read on three several days, and such rule is hereby suspended.</p>
<closer>
<dateline>Approved <date>April 7, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LVII.</head>
<opener>
<salute>An Act authorizing cities on the coast of Texas, to appropriate money and to issue bonds for improvement of their har<pc force="weak">-</pc><lb break="no" />bors, and of the bars at the entrance thereof, and to levy a tax to pay for the same.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the boards of aldermen or other constituted municipal authorities of cities bordering on the coast of the Gulf of Mexico, are hereby author<pc force="weak">-</pc><lb break="no" />ized and empowered to appropriate money to improve, and to aid in the improvement of their harbors and of the bars at the entrance thereof; provided, that they shall not thereby increase their aggregate debt be<pc force="weak">-</pc><lb break="no" />yond the amount of indebtedness limited by their charters respectively; such appropriations to be made out of any surplus funds which may at any time be on hand, and by the use or sale of any bonds heretofore au<pc force="weak">-</pc><lb break="no" />thorized to be issued; provided, such bonds are not needed for the pur<pc force="weak">-</pc><lb break="no" />poses for which they were specially authorized; and also if necessary therefor, to issue and dispose of bonds with interest coupons attached, in such amounts as may be necessary, not to exceed the limit of indebtedness fixed by their charters.</p>
<p>Sec. 2. The city council or other constituted municipal authorities, as the case may be, shall levy an annual ad valorem tax on the property in said city, sufficient to pay the interest and create a sinking fund for the redemption of said bonds, as required by the Constitution.</p>
<p>Sec. 3. The interest on said bonds shall be paid semi-annually, and it shall not exceed five per cent.</p>
<p>Sec. 4. Said bonds shall not be sold at less than par.</p>
<p>Sec. 5. Whereas, the great demand for harbor improvements on the coast of Texas, and the near approach of the close of this session, creates an imperative public necessity and emergency for the suspension of the rule requiring this bill to be read on three several days, and it is so sus<pc force="weak">-</pc><lb break="no" />pended, and that the same take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 7, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<pb n="355" ed="gammelslawsoftexas" /><pb ed="unknown" n="49" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LVIII.</head>
<opener>
<salute>An Act to amend Article 4462 of the Revised Civil Statutes of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 4462 of the Revised Civil Statutes of the State of Texas shall hereafter read as follows:</p>
<p>Article 4462. The chief clerk of the Comptroller&#8217;s Office, the chief clerk and receiving clerk of the General Land Office, the chief clerk of the State Department, the chief clerk of the Treasurer&#8217;s Office, and each librarian of the Supreme Court, shall receive such salaries as may be pre<pc force="weak">-</pc><lb break="no" />scribed by law.</p>
<p>Sec. 2. The early adjournment of the Legislature, and the fact that appropriations must be made for the support of these officers, creates an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 7, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LIX.</head>
<opener>
<salute>An Act to amend Article 2403, Chapter 3, Title 42, of the Revised Civil Statutes of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 2403, Chapter 3, Title 42, of the Revised Civil Statutes of the State of Texas be so amended as to hereafter read as follows:</p>
<p>&#8220;Article 2403. The county treasurer shall receive commissions on the moneys received and paid out by him, said commissions to he fixed by or<pc force="weak">-</pc><lb break="no" />der of the commissioners&#8217; courts as follows: For receiving and paying out moneys belonging to the school fund, not exceeding one per cent; for receiving any other moneys for the county not exceeding two and one-half per cent, and not exceeding two and one-half per cent for paying out the same; provided, in counties where the treasurer&#8217;s fees under this article amount to less than four hundred dollars, the commissioners&#8217; court may increase the per cent to such a rate as will secure the said county treas<pc force="weak">-</pc><lb break="no" />urer&#8217;s fees not more than four hundred dollars per annum; provided, that such increased compensation shall be paid out of the general reve<pc force="weak">-</pc><lb break="no" />nues of the county; and provided further, that this act shall apply only to counties in which, the bond required of the treasurer shall be as much as twenty thousand dollars.&#8221;</p>
<p>Sec. 2. The fact that in many counties of the State the compensation of the county treasurers is so grossly inadequate as to induce the fear that the office will be vacant, creates an emergency and an imperative public necessity that the constitutional rule requiring hills to W read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is accordingly so enacted.</p>
<closer>
<dateline>Approved <date>April 7, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Taxes effect after passage.</p>
</div2>
<pb n="356" ed="gammelslawsoftexas" /><pb ed="unknown" n="50" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LX.</head>
<opener>
<salute>An Act to amend Article 1134 of the Revised Civil Statutes of the State of Texas, and to add Article 1134a, requiring county judges now in office to give official bonds.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That article 1134 of the Revised Statutes of the State of Texas, be so amended as to read as follows:</p>
<p>Article 1134. The county judge shall, before entering on the duties of his office, execute a bond with two or more good and sufficient sure<pc force="weak">-</pc><lb break="no" />ties, to be approved by the commissioners&#8217; court of his county in a sum of not less than one thousand dollars nor more than five thousand dollars, the amount of said bond to be determined and fixed by the county com<pc force="weak">-</pc><lb break="no" />missioners&#8217; court, payable to the treasurer of his county conditioned that he will pay over to the person or officer entitled to receive it, all moneys that may come into his hands as county judge, within thirty days after he shall have received the same, and take the oath of office prescribed in the Constitution, and the further oath required of the several members of the commissioners&#8217; court.</p>
<p>Sec. 2. That an additional article shall be inserted in the Revised Civil Statutes, to read as follows, viz;</p>
<p>Article 1134a. That the county judges now in office in this State, shall within thirty clays after this act takes effect, execute bonds in ac<pc force="weak">-</pc><lb break="no" />cordance with the provisions of the first section of this act, and upon the failure of the county judge of any county to execute such bond within thirty days or before the next regular term of the commissioners&#8217; court of such county, after the expiration of said thirty days, it shall be the duty of such court to declare the office of county judge vacant, and pro<pc force="weak">-</pc><lb break="no" />ceed at once to fill such vacancy in the manner prescribed by law.</p>
<p>Sec. 3. Whereas, under the laws now in force a large amount of the county funds are collected by the county judge from those hiring county convicts; and whereas, a large amount of the school fund belonging to the counties pass through his hands; and whereas; there is no adequate protection for such funds under the laws now in force in this State; therefore an imperative public necessity and emergency exists for the immediate passage of this act: It is therefore enacted that the constitu<pc force="weak">-</pc><lb break="no" />tional rule requiring bills to be read on three several days be suspended, and that this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXI.</head>
<opener>
<salute>An Act to amend Articles 1678, 1698, 1699, 1700, 1705, 1707, 1708 and 1709 of the Revised Civil Statutes of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That articles 1678, 1698, 1699, 1700, 1705, 1707, 1708 and 1709 of the Revised Civil Statutes of the State of Texas be so amended as to here<pc force="weak">-</pc><lb break="no" />after read as follows:</p>
<p>Article 1678. The presiding officer, judges and clerks of election<pb n="357" ed="gammelslawsoftexas" /><pb ed="unknown" n="51" /><fw type="header" place="top">Laws of the State of Texas.</fw>shall be entitled to receive, as compensation for their services, the sum of two dollars each, for each day, and two dollars for each night, for each and every day and night, necessarily employed by them in the discharge of their duties; the same to be paid by the county treasurer of the county where such services are rendered, upon the order of the commissioners&#8217; court of such county; provided, they shall receive compensation for not more than one day and one night.</p>
<p>Article 1698. When the ballots have all been counted, the managers of the election in person shall make out triplicate returns of the same, certified to be correct, and signed by them officially, showing, first, the total number of votes polled at such box; second, the number polled for each candidate, one of which returns, together with poll lists and tally lists, shall be sealed up in an envelope and delivered by one of the mana<pc force="weak">-</pc><lb break="no" />gers of election to the county judge of the county; another of said re<pc force="weak">-</pc><lb break="no" />turns, together with poll lists and tally lists, shall be delivered by one of the managers of election to the clerk of the county court of the county, to be kept by him in his office open to inspection by the public for twelve months from the day of election; and the other of said returns, poll and tally lists shall be kept by the presiding officer of the election for twelve months from the day of election.</p>
<p>Article 1699. In case of vacancy in the office of county judge, or the absence, failure or inability of that officer to act, the election returns shall be delivered to the clerk of the county court of the county, who shall safely keep the same in his office, and he, or the county judge, as the case may be, shall deliver the same to the county commissioners &#8216;court on the day appointed by law to open and compare the polls.</p>
<p>Article 1700. The election returns shall be delivered as provided in the two preceding articles, on or before the Monday next following the day of election.</p>
<p>Article 1705. On the Monday next following the day of election, and not before, the county commissioners&#8217; court shall open the election re<pc force="weak">-</pc><lb break="no" />turns, and estimate the result, recording- the state of the polls in each, precinct in a book to be kept for that purpose; provided that, in the event of failure, from any cause, of the commissioners&#8217; court to convene on the Monday following the election to compute the votes, then said court shall be convened for that purpose upon the earliest day practicable thereafter.</p>
<p>Article 1707. Alter an estimate of the result of an election has been made, as provided for in this act, the county judge shall deliver to the can<pc force="weak">-</pc><lb break="no" />didate, or candidates, for whom the greatest number of votes have been polled for county and precinct officers, a certificate of election, naming therein the office to which such candidate has been elected, the number of votes polled for him, and the day on which such election was held; and shall sign the same, and cause the seal of the county court to be thereon impressed.</p>
<p>Article 1708. If the county constitutes a senatorial or representative district of itself, the county commissioners&#8217; court shall, at the same time, make an estimate of the votes polled for members of the Legislature; and the county judge shall give a like certificate of election, as provided in the preceding article, to the person receiving the highest number of votes for Senator or Representative, and shall, also, transmit a duplicate of such certificate to the Secretary of State.</p>
<p>Article 1709. In all elections for Comptroller of Public Accounts, Treasurer of the State, Commissioner of the General Land Office, Attor<pc force="weak">-</pc><lb break="no" /><pb n="358" ed="gammelslawsoftexas" /><pb ed="unknown" n="52" /><fw type="header" place="top">Laws of the State of Texas.</fw>ney General, Judges of the Supreme Court, Court of Appeals and dis<pc force="weak">-</pc><lb break="no" />trict courts, district attorneys, and for Representatives in the Congress of the United States, the county judge shall, on the Monday next follow<pc force="weak">-</pc><lb break="no" />ing the day of election, and not before, make out duplicate returns of the election; one of which he shall immediately transmit to the seat of gov<pc force="weak">-</pc><lb break="no" />ernment in this State, sealed in an envelope, directed to the Secretary of State, and endorsed, &#8220;Election returns for...... county for...... filling the first blank with the name of the county, and the other blank with the office for which the election was held;] and the other of such returns shall be deposited in the office of the clerk of the county court of the county where such election was held.</p>
<closer>
<dateline>Approved <date>April 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXII.</head>
<opener>
<salute>An Act to create the land districts of Wheeler, Old<pc force="weak">-</pc><lb break="no" />ham, Donley and Wilbarger.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of tire State of Texas: That the counties of Wheeler, G-reer, Collingsworth, Gray, Hutchinson, Hansford, Ochiltree, Roberts, Hemphill and Lipscomb, are hereby made and constituted the Wheeler Land District, and the county surveyor of Wheeler county shall be the surveyor of said district: he shall keep his office at the county seat of said Wheeler county, and the records of all files and surveys of land in said district shall be kept in said office.</p>
<p>Sec. 2. That the counties of Oldham, Sherman, Moore, Potter, Cas<pc force="weak">-</pc><lb break="no" />tro, Parmer, Deaf Smith, Hartley and Dallam are hereby made and con<pc force="weak">-</pc><lb break="no" />stituted the Oldham Land District, and the county surveyor of Oldham county shall be the surveyor of said district : he shall keep his office at the the county seat of Oldham county, and the records of all files and sur<pc force="weak">-</pc><lb break="no" />veys of land in said district shall be kept in said office.</p>
<p>Sec. 3. That the counties of Donley, Carson, Armstrong, Swisher, Randall, Floyd, Briscoe, Hall and Childress are hereby made and consti<pc force="weak">-</pc><lb break="no" />tuted the Donley Land District, and the county surveyor of Donley county shall be the surveyor of said district : he shall keep his office at county seat of said Donley county, and the records of all files and sur<pc force="weak">-</pc><lb break="no" />veys of land in said district shall be kept in said office.</p>
<p>Sec. 4. That the counties of Wilbarger and Hardeman are hereby constituted the Wilbarger Land District, and the county surveyor of Wil<pc force="weak">-</pc><lb break="no" />barger shall be the surveyor of said district: he shall keep his office at the county seat of Wilbarger county, and the records of all files and sur<pc force="weak">-</pc><lb break="no" />veys of land in said district shall be kept in said office.</p>
<p>Sec. 5. It shall be the duty of the Commissioner of the General Land Office, immediately after this act takes effect, to furnish each of the said district surveyors named in this act, with a certified copy of alt maps, field notes and sketches of all surveys in their said districts, which shall be filed in their said offices, and shall be public archives thereof: and it shall not be lawful for said surveyors to make any surveys, within their said districts, until said certified copies are received by them.</p>
<p>Sec. 6. That all laws and parts of laws in conflict with this act, in so far as the same may affect the land districts hereby created, be and the same are hereby repealed.</p>
<pb n="359" ed="gammelslawsoftexas" /><pb ed="unknown" n="53" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 7. The near approach of the close of the session and the great amount of important matters to be disposed of by this Legislature, creates an imperative public necessity and an emergency exists, requiring the constitutional rule requiring this bill to be read on three several days, be suspended; and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXIII.</head>
<opener>
<salute>An Act to amend Articles 1006, 1007, and 1008 of the Revised Civil Statutes of the State of Texas, approved February 21st 1879.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Articles 1006, 1007, and 1008 of the Revised Civil Statutes of the State of Texas shall hereafter read as follows:</p>
<p>Article 1006. Appeals and writs of error from the counties of An<pc force="weak">-</pc><lb break="no" />derson, Bowie, Camp, Cass, Cherokee, Delta, Franklin, Gregg, Harrison, Henderson, Hopkins, Hunt, Kaufman, Marion, Morris, Nacogdoches, Na<pc force="weak">-</pc><lb break="no" />varro, Panola, Rains, Red River, Rockwall, Rusk, Sabine, San Augustine, Shelby, Smith, Titus, Upshur, Van Zandt and Wood shall be returnable to the term of said court held at Tyler; provided, that all cases from the county of Navarro pending in the Supreme Court and Court of Appeals at Austin, and undetermined at the adjournment of the term of said court, commencing on the first Monday in April, 1883, shall be trans<pc force="weak">-</pc><lb break="no" />ferred to Tyler, and shall be entered upon the dockets of said courts at Tyler, and shall be tried and determined in the same manner as if said cases had originally been made returnable to the term of said courts held at Tyler.</p>
<p>Art. 1007. Appeals and writs of error from the counties of Aransas, Angelina, Austin, Bee, Brazoria, Burleson, Calhoun, Cameron, Cham<pc force="weak">-</pc><lb break="no" />bers, Colorado, De Witt, Duval, Encinal, Fayette, Fort Bend, Freestone, Galveston, Goliad, Gonzales, Grimes, Hardin, Harris, Hidalgo, Houston, Jackson, Jasper, Jefferson, Lavacca, Leon, Liberty, Madison, Matagorda, Montgomery, Newton, Nueces, Orange, Polk, Refugio, San Jacinto, San Patricio, Starr, Trinity, Tyler, Victoria, Walker, Waller, Washington, Webb, Wharton and Zapata shall be returnable to the terms of said court at Galveston; provided, that all cases from the counties of Burleson and Washington pending in the Supreme Court, and Court of Appeals at Austin, and undetermined at the adjournment of the term of said court commencing on the first Monday in April 1883, shall be transferred to Galveston and shall be entered upon the docket of said courts at Galves<pc force="weak">-</pc><lb break="no" />ton, and shall be tried and determined in the same manner as if said cases had originally been made returnable to the term of said courts held at Galveston.</p>
<p>Art. 1008. Appeals and writs of error from, the counties of Ander<pc force="weak">-</pc><lb break="no" />son, Archer, Armstrong, Atascosa, Bailey, Bandera, Bastrop, Baylor, Bell, Bexar, Blanco, Borden, Bosque, Brazos, Briscoe, Brown, Burnet, Caldwell, Callahan, Carson, Castro, Childress, Clay, Coekran, Coleman, Collin, Collingsworth, Comal, Comanche, Concho, Cooke, Coryell, Cot<pc force="weak">-</pc><lb break="no" />tle, Crockett, Crosby, Dallam, Dallas, Dawson, Deaf Smith, Denton, Dickens, Dimmit, Donley, Eastland, Edwards, Ellis, El Paso, Erath,<pb n="360" ed="gammelslawsoftexas" /><pb ed="unknown" n="54" /><fw type="header" place="top">Laws of the State of Texas.</fw>Palls, Fannin, Fisher, Floyd, Frio, Gaines, Garza, Gillespie, Gray, Gray<pc force="weak">-</pc><lb break="no" />son, Greer, Gandalupe, Hale, Hall, Hamilton, Hansford, Hardeman, Hartley, Haskell, Hays, Hemphill, Hill, Hockley, Hood, Howard, Hutch<pc force="weak">-</pc><lb break="no" />inson, Jack, Johnson, Jones, Karnes, Kendall, Kent, Kerr, Kimble, King, Kinney, Knox, Lamar, Lamb, Lampasas, La Salle, Lee, Limestone, Lipscomb, Live Oak, Llano, Lubbock, Lynn, Martin, Mason, Maverick, McCulloch, McLennan, McMullen, Medina, Menard, Milam, Mitchell, Montague, Moore, Motley, Nolan, Ochiltree, Oldham, Palmer, Palo Pinto, Parker, Pecos, Potter, Presidio, Randall, Roberts, Robertson, Rockwall, Runnells, San Saba, Scurry, Shackelford, Sherman, Somervell, Stephens, Stonewall, Swisher, Tarrant, Taylor, Terry, Throckmorton, Tom Green, Travis, Uvalde, Wheeler, Wichita, Wilbarger, Williamson, Wilson, Wise, Yoakum, Young, and Zavala shall be returnable to the term of said court held at Austin.</p>
<p>Sec. 2. The near approach of the close of the session, and the great press of business, rendering it improbable that this bill will be reached in its regular order, and the importance of this bill creates an imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and such rule is hereby suspended.</p>
<closer>
<dateline>Approved <date>April 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXIV.</head>
<opener>
<salute>An Act to amend Section 1 of an Act entitled &#8220;An Act to provide for the traveling and other contingent expenses of the Quartermaster and Commissary of the Frontier Battalion,&#8221; approved May 4th 1874.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That section 1 of the above entitled act be so amended as to hereafter read as follows, to-wit: That the quartermaster and commissary of the Frontier Battalion be and is hereby allowed the sum of three hundred dollars per annum for his traveling and other contingent expenses.</p>
<p>Sec. 2. That the near approach of the close of this session of the Leg<pc force="weak">-</pc><lb break="no" />islature and the desire for economy in the management of this frontier force, creates an emergency, and an imperative public necessity author<pc force="weak">-</pc><lb break="no" />izing the suspension of the constitutional rule requiring bills to be read on three several days, and said rule is accordingly suspended, and this act shall be in force and take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>April 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXV.</head>
<opener>
<salute>An Act to repeal an act entitled &#8220;An Act prescrib<pc force="weak">-</pc><lb break="no" />ing the place for the sale of property under legal process, and deeds of trust, in Marion county,&#8221; approved January 25th, 1875.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the act entitled &#8220;An Act prescribing the place for the sale of prop<pc force="weak">-</pc><lb break="no" /><pb n="361" ed="gammelslawsoftexas" /><pb ed="unknown" n="55" /><fw type="header" place="top">Laws of the State of Texas.</fw>erty under legal process and deeds of trust in Marion county,&#8221; approved January 25th 1875, be and the same is hereby repealed.</p>
<p>Sec. 2. Whereas this session of the Legislature is rapidly drawing to a close, and whereas the court-house door of Marion county as defined in the above act is different from the court-house door proper; therefore in order to prevent confusion and to facilitate the sale under legal pro<pc force="weak">-</pc><lb break="no" />cess; therefore an imperative public necessity exists requiring the consti<pc force="weak">-</pc><lb break="no" />tutional rule which requires bills to be read on three several days in each house be suspended, and that this act take effect and be in force from and after the 8th day of April 1883.</p>
<closer>
<dateline>Approved <date>April 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXVI.</head>
<opener>
<salute>An Act to restore to and confer upon the county courts of Comanche, El Paso, Presidio, Pecos, Tom Green, and Hidalgo counties, the civil and criminal jurisdiction heretofore belonging to said courts, under the Constitution and general statutes of the State, to conform the jurisdiction of the district courts to such change, and to repeal all laws in conflict with the provisions of this act.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the county courts of the counties of Comanche, El Paso, Presidio, Pecos, Tom Green, and Hidalgo shall hereafter have exclusive original jurisdiction in civil cases when the matter in controversy shall exceed in value two hundred dollars, and shall not exceed five hundred dollars, ex<pc force="weak">-</pc><lb break="no" />clusive of interest and shall have concurrent jurisdiction with the district courts of said counties when the matter in controversy shall exceed five hundred dollars, and not exceed one thousand dollars.</p>
<p>Sec. 2. Said county courts shall have appellate jurisdiction in civil cases over which the justices courts have original jurisdiction, when the judgment of the court appealed from, or the amount in controversy, shall exceedt wenty dollars: and said county courts shall have power to hear and determine cases brought up from the justices courts by certiorari, under the provisions of the title of the Revised Civil Statutes relating thereto.</p>
<p>Sec. 3. The county judges of said counties shall have authority, either in term time or vacation, to grant writs of mandamus, injunction, se<pc force="weak">-</pc><lb break="no" />questration, attachment, garnishment, certiorari and supersedeas and all other writs necessary to the enforcement of the jurisdiction of said courts, and shall also have power to issue writs of habeas corpus in all cases in which the Constitution has not conferred the power on the dis<pc force="weak">-</pc><lb break="no" />trict courts or judges thereof.</p>
<p>Sec. 4. Said county courts shall have jurisdiction in the forfeiture and judgment of all bonds and recognizances taken in criminal cases, of which criminal cases said courts have jurisdiction.</p>
<p>Sec. 5. Said county courts shall have exclusive original jurisdiction of all misdemeanors except misdemeanors involving official misconduct, and except cases in which the highest penalty of fine that may be im<pc force="weak">-</pc><lb break="no" />posed under the law, may not exceed two hundred dollars: and said courts shall also have appellate jurisdiction in criminal cases of which justices of the peace and other inferior tribunals of said counties have original jurisdiction.</p>
<pb n="362" ed="gammelslawsoftexas" /><pb ed="unknown" n="56" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 6. The district courts of said counties of Comanche, El Paso, Presidio, Pecos, Tom Green, and Hidalgo, shall no longer have jurisdic<pc force="weak">-</pc><lb break="no" />tion of cases of which the county courts of said counties, by the provis<pc force="weak">-</pc><lb break="no" />ions of this act, have exclusive original or appellate jurisdiction; and it shall be the duty of the district clerks of said counties, within thirty days after the passage of this act, to make a full and complete transcript of all orders on their respective dockets, in cases now pending before said district courts, of which cases by the terms of this act, exclusive jurisdiction is given the county court, and to deliver said transcript, to<pc force="weak">-</pc><lb break="no" />gether with the original papers, and a certified bill of costs in each case to the clerics of said county courts herein named, and said county clerks shall enter said cases on their respective dockets for trial by said county courts.</p>
<p>Sec. 7. The county courts of said counties shall hereafter hold their regular terms for civil and criminal business, as provided in the Consti<pc force="weak">-</pc><lb break="no" />tution and general laws of the State, and all process heretofore issued from the district courts of said counties, in cases to be transferred under this act to the county courts, shall be returnable to the first term of the proper county court, and all civil cases so transferred shall be entered as appearance causes upon the dockets of said county court.</p>
<p>Sec. 8. All laws in conflict with the provisions of this act are hereby repealed.</p>
<p>Sec. 9. The crowded condition, of the dockets of the district courts of the counties herein named, creates an emergency and an imperative public necessity that the rule requiring bills to be read on three several days be suspended, and that this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXVII.</head>
<opener>
<salute>An Act to re-district the State into judicial dis<pc force="weak">-</pc><lb break="no" />tricts and fix the tames for holding court therein, and to provide for the election of judges and district attorneys in said districts at the next general election to be held on the first Tuesday after the first Monday in November 1884.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That said State shall be re-districted into the following judicial districts, and district judges and district attorneys be elected in said districts as hereinafter provided: The first judicial district shall be composed of the counties of Jasper, Newton, Orange, Jefferson and Tyler: and the dis<pc force="weak">-</pc><lb break="no" />trict courts therein shall be held as follows: In the county of Jasper on the first Mondays in March and September, and may continue in session three weeks. In the county of Newton, on the third Monday after the first Mondays in March and September and may continue in session three weeks. In the county of Orange on the sixth Monday after the first Mondays in March and September, and may continue in session four weeks. In the county of Jefferson on the tenth Monday after the first Mondays in March and September, and may continue in session four weeks. In the county of Tyler on the fourteenth Monday after the first<pb n="363" ed="gammelslawsoftexas" /><pb ed="unknown" n="57" /><fw type="header" place="top">Laws of the State of Texas.</fw>Mondays in March and September and may continue in session until the business is disposed of.</p>
<p>Sec. 2. The second judicial district shall be composed of the counties of Sabine, San Augustine, Nacogdoches and Cherokee, and the district courts shall be held therein as follows: In the county of Sabine on the first Mondays in February and September, and may continue in session two weeks. In the county of San Augustine on the second Mondays after the first Mondays in February and September, and may continue in session four weeks. In the county of Nacogdoches on the sixth Monday after the first Mondays in February and September, and may continue in session six weeks. In the county of Cherokee on the twelfth Monday after the first Mondays in February and September, and may continue in session until the business is disposed of.</p>
<p>Sec. 3. The third judicial district shall be composed of the counties of Henderson, Houston and Anderson, and the district courts shall be held therein as follows: In the county of Henderson on the first Mon<pc force="weak">-</pc><lb break="no" />days in February and September, and may continue in session four weeks. In the county of Houston on the fourth Monday after the first Mondays in February and September, and may continue in session seven weeks. In the county of Anderson on the eleventh Monday after the first Mondays in February and September, and may continue in session until the business is disposed of.</p>
<p>Sec. 4. The fourth judicial district shall be composed of the counties of Rusk, Panola, Shelby, and Harrison, and the district courts shall be held therein as follows: In the county of Rusk on the first Mondays in January and July, and may continue in session six weeks. In the county of Panola on the sixth Monday after the first Mondays in January and July, and may continue in session four weeks. In the county of Shelby on the tenth Monday after the first Mondays in January and July, and may continue in session three weeks. In the county of Harrison on the sixteenth Monday after the first Mondays in January and July, and may continue in session until the business is disposed of.</p>
<p>Sec. 5. The fifth judicial district shall be composed of the counties of Bowie, Cass, Marion, Morris, Titus, Franklin and Camp, and the dis<pc force="weak">-</pc><lb break="no" />trict courts therein shall be held as follows: In the county of Cass on the first Mondays in February and September, and may continue in ses<pc force="weak">-</pc><lb break="no" />sion three weeks. In the county of Bowie on the third Monday after the first Mondays in February and September, and may continue in session three weeks. In the county of Morris on the sixth Monday after the first Mondays in February and September, and may continue in session two weeks. In the county of Titus; on the eighth Monday after the first Mondays in February and September, and may continue in session two weeks. In the county of Franklin on the tenth Monday after the first Mondays in February and September, and may continue in session two weeks. In the county of Camp on the twelfth Monday after the first Mondays in February and September, and may continue in session two weeks. In the county of Marion on the fourteenth Monday after the first Mondays in February and September and may continue in session six weeks: Provided, that no jury shall be empannelled in Marion county after the fourth weeks of said terms, unless the judge in term time shall make an order, to be entered on the minutes of the district court, direct<pc force="weak">-</pc><lb break="no" />ing that juries be drawn for a longer time at the succeeding term.</p>
<p>Sec. 6. The sixth judicial district shall be composed of the counties of Fannin, Lamar and Red River and the district court therein shall be<pb n="364" ed="gammelslawsoftexas" /><pb ed="unknown" n="58" /><fw type="header" place="top">Laws of the State of Texas.</fw>held as follows: In the county of Fannin on the third Mondays in Feb<pc force="weak">-</pc><lb break="no" />ruary and August and may continue in session six weeks. In the county of Lamar on the sixth Monday after the third Mondays in February and August and may continue in session seven weeks. In the county of Red River on the thirteenth Monday after the third Mondays in February and August and may continue in session five weeks.</p>
<p>Sec. 7. The seventh judicial district shall be composed of the coun<pc force="weak">-</pc><lb break="no" />ties of Smithy Van Zandt, Raines, Wood, Upshur and Gregg and the dis<pc force="weak">-</pc><lb break="no" />trict courts shall be held therein as follows: In the county of Upshur on the first Monday in February and the last Monday in August and may continue in session two weeks. In the county of Gregg on the second Monday after the first Monday in February and last Monday in August and may continue in session three weeks. In Smith county on the fifth Monday after the first Monday in February and last Monday in August and may continue in session eight weeks. In the county of Van Zandt on the thirteenth Monday after the first Monday in February and last Mon<pc force="weak">-</pc><lb break="no" />day in August and may continue in session four weeks. In the county of Raines on the seventeenth Monday after the first Monday in February and last Monday in August and may continue in session two weeks. In the county of Wood on the nineteenth Monday after the first Monday in February and last Monday in August and may continue in session for two weeks.</p>
<p>Sec. 8. The eighth judicial district shall be composed of the counties of Kaufman, Hunt, Hopkins, Delta and Rockwall and the district courts shall be held therein as follows; In the county of Hunt on the first Mon<pc force="weak">-</pc><lb break="no" />days in January and July and may continue in session six weeks. In the county of Delta on the sixth Monday after the first Mondays in Jan<pc force="weak">-</pc><lb break="no" />uary and July, and may continue in session three weeks. In the county of Hopkins on the ninth Monday after the first Mondays in January and July and may continue in session five weeks. In the county of Rockwall on the eighteenth Monday after the first Mondays in January and July and may continue in session two weeks. In the county of Kaufman on the twentieth Monday after the first Mondays in January and July and may continue in session fire weeks.</p>
<p>Sec. 9. The ninth judicial district shall be composed of the counties of Chambers, Liberty, Hardin, San Jacinto, Polk and Angelina and the district court therein shall be held as follows: In the county of Chambers on the first Mondays in March and September and may continue in ses<pc force="weak">-</pc><lb break="no" />sion two weeks. In the county of Liberty on the second Mondays after the first Mondays in March and September and may continue in session four weeks. In the county of Hardin on the sixth Mondays after the first Mondays in March and September and may continue in session two weeks. In the county of San Jacinto on the eighth Mondays after the first Mondays in March and September and may continue in session five weeks. In the county of Polk on the forteenth Mondays after the first Mondays in March and September and may continue in session five weeks. In the county of Angelina on the nineteenth Mondays after the first Mon<pc force="weak">-</pc><lb break="no" />days in March and September and may continue in session three weeks, or until the business is disposed of.</p>
<p>Sec. 10. The county of Galveston shall constitute the tenth judicial district and the district court shall be begun and held therein as follows: On the first Mondays in February, April, June, August, and December and may continue in session until the business is disposed of.</p>
<p>Sec. 11. The eleventh judicial district shall be composed of the<pb n="365" ed="gammelslawsoftexas" /><pb ed="unknown" n="59" /><fw type="header" place="top">Laws of the State of Texas.</fw>counties of Harris and Montgomery and the district courts shall be held therein as follows: In the county of Montgomery on the first Mondays in February and September may continue in session four weeks. In the county of Harris on the second Mondays in March and. October and may continue in session until the business is disposed of.</p>
<p>Sec. 12. The twelfth judicial district shall be composed of the coun<pc force="weak">-</pc><lb break="no" />ties of Grimes, Walker, Madison, Trinity and Leon and the district courts shall be held therein as follows: In the county of Trinity on the second Mondays in February and August and may continue in session three weeks. In the county of Walker on the first Mondays in March and September and may continue in session four weeks. In the county of Grimes on the fourth Monday after the first Mondays in March and September and may continue in session five weeks. In the county of Madison on the ninth Monday after the first Mondays in March and Sep<pc force="weak">-</pc><lb break="no" />tember and may continue in session three weeks. In the county of Leon on the twelfth Monday after the first Mondays in March and September and may continue in session until the business is disposed of.</p>
<p>Sec. 13. The thirteenth, judicial district shall be composed of the counties of Limestone, Freestone and Navarro and the district courts shall be held therein as follows: In the county of Freestone on the first Mondays in February and September and may continue in session four weeks. In the county of Navarro on the first Mondays in June and De<pc force="weak">-</pc><lb break="no" />cember and may continue in session eight weeks. In the county of Lime<pc force="weak">-</pc><lb break="no" />stone on the fourth Monday after the first Mondays in February and Sep<pc force="weak">-</pc><lb break="no" />tember and may continue in session eight weeks.</p>
<p>Sec. 14. The fourteenth judicial district shall be composed of the counties of Dallas and Ellis and the district courts shall be held therein as follows: In the county of Ellis on the first Mondays in February and September and may continue in session five weeks. In the county of Dallas on the second Mondays in March, May, October and December and may continue in session until the business is disposed of.</p>
<p>Sec. 15. The fifteenth judicial district shall be composed of the coun<pc force="weak">-</pc><lb break="no" />ties of Grayson and Collin and the district courts shall be held therein as follows: In the county of Collin on the first Mondays in January and June and may continue in session eight weeks. In the county of Gray<pc force="weak">-</pc><lb break="no" />son on the second Mondays in March and September and may continue in session until the business is disposed of.</p>
<p>Sec. 16. The sixteenth judicial district shall be composed of the counties of Cooke, Denton, Wise and Montague and the district courts shall be held therein as follows: In the county of Cooke on the first Mondays in January and July and may continue in session seven weeks. In the county of Denton on the seventh Monday after the first Mondays in January and July and may continue in session seven weeks. In the county of Wise on the fourteenth Monday after the first Mondays in January and July and may continue in session six weeks. In the county of Montague on the twentieth Monday after the first Mondays in January and July and may continue in session until the business is disposed of.</p>
<p>Sec. 17. The seventeenth judicial district shall be composed of the counties of Parker and Tarrant and the district courts therein shall be held as follows: The county of Parker on the first Mondays in Feb<pc force="weak">-</pc><lb break="no" />ruary and August and may continue in session six weeks. In the county of Tarrant on the sixth Monday after the first Mondays in February and August and may continue in session until the business is disposed of.</p>
<p>Sec. 18. The eighteenth, judicial district shall be composed of the<pb n="366" ed="gammelslawsoftexas" /><pb ed="unknown" n="60" /><fw type="header" place="top">Laws of the State of Texas.</fw>counties of Johnson, Hill and Bosque and the district courts therein shall be held as follows: In the county of Bosque on the third Mondays in January and August and may continue in session six weeks. In the county of Hill on the sixth Monday after the third Mondays in January and August and may continue in session five weeks. In the county of Johnson on the eleventh Monday after the third Mondays in January and August and may continue in session until the business is disposed of, also in the county of Hill on the first Monday in July and may continue in session until the business is disposed of.</p>
<p>Sec. 19. The nineteenth judicial district shall be composed of the counties of McLennan and Falls and the district courts shall be held therein as follows: In the county of Falls on the first Mondays in Jan<pc force="weak">-</pc><lb break="no" />uary and July and may continue in session eight weeks. In the county of McLennan on the first Mondays in March and October and may con<pc force="weak">-</pc><lb break="no" />tinue in session until the business is disposed of.</p>
<p>Sec. 20. The twentieth judicial district shall be composed of the counties of Milam, Robertson and Brazos and the district courts shall be held therein as follows: In the county of Robertson on the first Monday in January and second Monday in June and may continue in session eight weeks. In the county of Brazos on the first Mondays in March and September and may continue in session six weeks. In the county of Milam on the third Mondays in April and October and may continue in session seven weeks.</p>
<p>Sec. 21. The counties of Washington, Burleson and Lee shall compose the twenty first judicial district and the district court shall be held therein as follows: In the county of Washington on the first Mondays in March and September and may continue in session eight weeks. In the county of Lee on the eighth Monday after the first Mondays in March and September and may continue in session three weeks. In the county of Burleson on the eleventh Monday after the first Mondays in March and September and may continue in session three weeks.</p>
<p>Sec. 22. The twenty second judicial district shall be composed of the counties of Austin, Fayette, Bastrop, Caldwell and Hays and the district courts shall be held therein as follows: In the county of Hays on the first Mondays in March and September and may continue, in session three weeks. In the county of Caldwell on the fourth Mondays in March and September and may continue in session three weeks. In the county of Bastrop on the sixth Monday after the first Mondays in March and Sep<pc force="weak">-</pc><lb break="no" />tember and may continue in session four weeks. In the county of Fay<pc force="weak">-</pc><lb break="no" />ette on the tenth Monday after the first Mondays in March and Septem<pc force="weak">-</pc><lb break="no" />ber and may continue in session six weeks. In the county of Austin on the seventeenth Monday after the first Mondays in March and September and may continue in session four weeks.</p>
<p>Sec. 23. The twenty-third judicial district shall be composed of the counties of Brazoria. Jackson, Port Bend, Matagorda, Waller and Whar<pc force="weak">-</pc><lb break="no" />ton and the district court shall be held therein as follows: In the county of Waller on the first Mondays in March and September and may continue in session three weeks. In the county of Fort Bend on the third Mon<pc force="weak">-</pc><lb break="no" />day after the first Mondays in March and September and may continue in session four weeks. In the county of Wharton on the seventh Mon<pc force="weak">-</pc><lb break="no" />day after the first Mondays in March and September and may con<pc force="weak">-</pc><lb break="no" />tinue in session three weeks. In the county of Jackson on the tenth Monday after the first Mondays in March and September and may con<pc force="weak">-</pc><lb break="no" />tinue in session two weeks. In the county of Matagorda, on the thir<pc force="weak">-</pc><lb break="no" /><pb n="367" ed="gammelslawsoftexas" /><pb ed="unknown" n="61" /><fw type="header" place="top">Laws of the State of Texas.</fw>teenth Monday after the first Mondays in March and September and may continue in session two weeks. In the county of Brazoria on the fif<pc force="weak">-</pc><lb break="no" />teenth Monday after the first Mondays in March and September and may continue in session until the business is disposed of.</p>
<p>Sec. 24. The twenty fourth judicial district shall be composed of the counties of DeWitt, Karnes, Victoria, Bee, Goliad, Refugio, Calhoun, and Aransas and the district courts shall be held therein as follows: In the county of DeWitt on the thirteenth Monday after the first Mondays in March and September and may continue in session until the business is disposed of. In the county of Victoria on the tenth Monday after the first Mondays in March and September and may continue in session three weeks. In the county of Calhoun on the ninth Monday after the first Mondays in March and September and may continue in session one week. In the county of Refugio on the first Mondays in March and September and may continue in session two weeks. In the county of Aransas on the second Monday after the first Mondays in March and September and may continue in session one week. In the county of Bee on the third Monday after the first Mondays in March and September and may continue in session two weeks. In the county of Karnes on the fifth Monday after the first Mondays in March and September and may continue in session two weeks. In the county of Goliad on the seventh Monday after the first Mondays in March and September and may continue in session two weeks.</p>
<p>Sec. 25. The twenty fifth judicial district shall be composed of the counties of Lavaca, Gonzales, Guadalupe, Wilson and Colorado and the district courts shall be held therein as follows: In the county of Lavaca on the first Mondays in February and August and may continue in ses<pc force="weak">-</pc><lb break="no" />sion four weeks. In the county of Colorado on the fourth Monday after the first Mondays in February and August and may continue: in session four weeks. In the county of Gonzales on the eighth Monday after the first Mondays in February and August and may continue in session four weeks, or until the business is disposed of. In the county of Guadalupe on the thirteenth Monday after the first Mondays in February and Au<pc force="weak">-</pc><lb break="no" />gust and may continue in session four weeks. In the county of Wilson on the seventeenth Monday after the first Mondays in February and Au<pc force="weak">-</pc><lb break="no" />gust and may continue in session two weeks.</p>
<p>Sec. 26. The twenty sixth judicial district shall be composed of the counties of Williamson and Travis and the district court shall be held therein as follows: In the county of Williamson on the second Mon<pc force="weak">-</pc><lb break="no" />days in May and November and may continue in session six weeks. In the county of Travis on the first Mondays in January and July and may continue in session until the business is disposed of.</p>
<p>Sec. 27. The twenty seventh judicial district shall be composed of the counties of Bell, Lampasas and Burnett and the district courts shall be held therein as follows: In the county of Burnett on the first Mon<pc force="weak">-</pc><lb break="no" />days in April and October in each year and may continue in session four weeks. In the county of Lampasas on the first Mondays in May and November in each year and may continue in session four weeks. In the county of Bell on the first Mondays in June and December in each year and may continue in session until the business is disposed of.</p>
<p>Sec. 28. The twenty eighth judicial district shall be composed of the counties of Webb, Encinal, Duval, Nueces, Zapata, Starr, Hidalgo and Cameron and the district courts therein shall be held as follows: In the county of Cameron on the first Mondays in February and September and<pb n="368" ed="gammelslawsoftexas" /><pb ed="unknown" n="62" /><fw type="header" place="top">Laws of the State of Texas.</fw>may continue in session four weeks. In the county of Hidalgo on the fourth Monday after the first Mondays in February and September and may continue in session two weeks. In the county of Starr on the sixth Monday after the first Mondays in February and September and may continue in session two weeks. In the county of Zapata on the eighth Monday after the first Mondays in February and September and may continue in session one week. In the county of Webb on the ninth Mon<pc force="weak">-</pc><lb break="no" />day after the first Mondays in February and September and may con<pc force="weak">-</pc><lb break="no" />tinue in session five weeks. In the county of Duval on the fourteenth Monday after the first Mondays in February and September and may continue in session two weeks. In the county of Nueces on the six<pc force="weak">-</pc><lb break="no" />teenth Monday after the first Mondays in February and September and may continue in session until the business is disposed of, not to exceed six weeks. The unorganized county of Encinal is hereby attached to the county of Webb for judicial purposes.</p>
<p>Sec. 29. The twentyninth judicial district shall be composed of the counties of Palo Pinto, Hood, Somervell, Erath, Hamilton and Coryell and the district court shall be held therein as follows: In Palo Pinto county on the first Mondays in March and September and may continue in session two weeks. In the county of Hood on the third Mondays in March and September and may continue in session two weeks. In the county of Somervell on the fourth Monday after the first Mondays in March and September and may continue in session one week. In the county of Erath on the fifth Monday after the first Mondays in March and September and may continue in session five weeks. In the county of Hamilton on the tenth Monday after the first Mondays in March and September and may continue in session three weeks. In the county of Coryell on the thirteenth Monday after the first Mondays in March and September and may continue in session until the business is disposed of.</p>
<p>Sec. 30. The thirtieth judicial district shall be composed of the counties of Jack, Clay, Wichita, Archer, Young, Throckmorton, Baylor, Wilbarger and the unorganized counties of Hardeman, Knox, Haskell, King, Lamb, Bailey, Dickens, Crosby, Lubbock, Hockley, Cochran, and Dottle and the district courts shall be held therein as follows: In the county of Jack on the second Mondays in January and July and may continue in session three weeks. In the county of Young on the third Monday after the second Mondays in January and July and may con<pc force="weak">-</pc><lb break="no" />tinue in session three weeks. In the county of Throckmorton on the sixth Monday after the second Mondays in January and July and may continue in session two weeks. In the county of Baylor on the eighth Monday after the second Mondays in January and July and may con<pc force="weak">-</pc><lb break="no" />tinue in session two weeks. In the county of Archer on the tenth Mon<pc force="weak">-</pc><lb break="no" />day after the second Mondays in January and July and may continue in session two weeks. In the county of Clay on the twelfth Monday after the second Mondays in January and July and may continue in session four weeks. In the county of Wilbarger on the eighteenth Monday after the second Mondays in January and July and may continue in session two weeks. The county of Haskell be and the same is hereby attached for judicial purposes to the county of Throckmorton; the counties of King, Lamb, Bailey, Dickens, Crosby, Lubbock, Hockley, Cochran and Knox to the county of Baylor; and the counties of Hardeman and Cottle to the county of Wilbarger, and when the county of Knox shall be organized, the county of King shall be attached to it for judicial<pb n="369" ed="gammelslawsoftexas" /><pb ed="unknown" n="63" /><fw type="header" place="top">Laws of the State of Texas.</fw>purposes; and the county of Cottle to the county of Hardeman whenever the latter shall be organized.</p>
<p>Sec. 31. The thirty first judicial district shall be composed of the counties of Wheeler, Oldham, Donley and the unorganized counties of Greer, Collingsworth, Childress, Hall, Motley, Floyd, Briscoe, Swisher, Hale, Castro, Parmer, Deaf Smith, Randel, Armstrong, Gray, Carson, Potter, Hartley, Moore, Hutchins, Roberts, Hemphill, Lipscomb, Ochil<pc force="weak">-</pc><lb break="no" />tree, Hansford, Sherman and Dallam and the district courts shall be held therein as follows: In the county of Oldham on the first Mondays in April and October and may continue in session four weeks. In the county of Donley on the first Mondays in January and July and may continue in session four weeks. In the county of Wheeler on the eighth Monday after the first Mondays in April and October and may continue in session four weeks. The unorganized counties of Sherman, Moore, Potter, Castro, Parmer, Deaf Smith, Hartley and Dallam shall be and they are hereby attached to the county of Oldham for judicial purposes. The counties of Carson, Randall, Armstrong, Swisher, Hale, Floyd, Bris<pc force="weak">-</pc><lb break="no" />coe, Hall, Motley and Childress are attached to the county of Donley for judicial purposes; and the counties of Greer, Collingsworth, Gray, Hutchinson, Hansford, Ochiltree, Roberts, Hemphill and Lipscomb are attached to the county of Wheeler for judicial purposes.</p>
<p>Sec. 32. The thirty-second judicial district shall be composed of the counties of Stonewall, Kent, Garza, Lynn, Terry, Yoakum, Gaines, Daw<pc force="weak">-</pc><lb break="no" />son, Borden, Scurry, Fisher, Jones, Taylor, Nolan, Mitchell, Howard, Martin, Andrews, Tom Green, Runnels and Concho and the district courts shall be held therein as follows: In the county of Jones on the first Mondays in February and September and may continue in session two weeks. In the county of Taylor on the third Mondays in February and September and may continue in session three weeks. In the county of Runnels on the fifth Monday after the first Mondays in February and September and may continue in session two weeks. In the county of Concho on the seventh Monday after the first Mondays in February and September and may continue in session two weeks. In the county of Tom Green on the ninth Monday after the first Mondays in February and September and may continue in session four weeks. In the county of Howard on the thirteenth Monday after the first Mondays in February and September and may continue in session two weeks. In the county of Mitchell on the fifteenth Monday after the first Mondays in February and September and may continue in session five weeks. In the county of Nolan on the twentieth Monday after the first Mondays in February and September and may continue in session until the business is disposed of. The unorganized county of Stonewall is hereby attached for judi<pc force="weak">-</pc><lb break="no" />cial purposes to the county of Jones; the county of Fisher to the county of Nolan; the counzies of Kent, Garza, Lynn and Scurry to the county of Mitchell and the counties of Borden, Dawson, Perry, Yoakum, Gaines, Andrews and Martin to the county of Howard.</p>
<p>Sec. 33. The thirtythird judicial district shall be composed of the counties of Blanco, Gillespie, Llano, Mason, Kimble, Menard, San Saba and McCulloch and the district courts shall be held therein as follows: In the county of San Saba on the first Mondays in March and Septem<pc force="weak">-</pc><lb break="no" />ber, and may continue in session two weeks. In the county of McCulloch on the third Mondays in March and September, and may continue in ses<pc force="weak">-</pc><lb break="no" />sion two weeks. In the county of Menard on the fourth Monday after the first Mondays in March and September and may continue in session<pb n="370" ed="gammelslawsoftexas" /><pb ed="unknown" n="64" /><fw type="header" place="top">Laws of the State of Texas.</fw>two weeks. In the county of Kimble on the sixth Monday after the first Mondays in March and September and may continue in session two weeks. In the county of Mason on the eighth Monday after the first Mondays in March and September and may continue in session two weeks. In the county of Gillespie on the tenth Monday after the first Mondays in March and September and may continue in session two weeks. In the county of Blanco on the twelfth Monday after the first Mondays in March and September and may continue in session two weeks. In the county of Llano on the fourteenth Monday after the first Mondays in March and September and may continue in session until the business is disposed of.</p>
<p>Sec. 34. The thirty fourth judicial district shall be composed of the counties of El Paso, Presidio, and Pecos and the district courts shall be held therein as follows: In the county of Pecos on the first Mondays in March and September and may continue in session two weeks. In the county of Presidio on the third Monday after the first Mondays in March and September and may continue in session four weeks. In the county of El Paso on the eighth Monday after the first Mondays in March and September and may continue in session until the business is disposed of.</p>
<p>Sec. 35. The thirty fifth judicial district shall be composed of the counties of Shackelford, Stephens, Callahan, Eastland, Coleman, Brown and Comanche and the district courts shall be held therein as follows: In the county of Comanche on the first Mondays in February and Sep<pc force="weak">-</pc><lb break="no" />tember and may continue in session three weeks. In the county of Brown on the third Monday after the first Mondays in February and September and may continue in session three weeks. In the county of Coleman on the sixth Monday after the first Mondays in February and September and may continue in session three weeks. In the county of Callahan on the ninth Monday after the first Mondays in February and September and may continue in session three weeks. In the county of Shackelford on the twelfth Monday after the first Mondays in February and September and may continue in session three weeks. In the county of Stephens on the fifteenth Monday after the first Mondays in February and September and may continue in session three weeks. In the county of Eastland on the first Mondays in January and July and may continue in session until the business is disposed of.</p>
<p>Sec. 36. The thirtysixth judicial district shall be composed of the counties of San Patricio, Live Oak, McMullen, La Salle, Dimmitt, Mav<pc force="weak">-</pc><lb break="no" />erick, Zavalla, Frio and Atascosa, and the district courts shall be held therein as follows: In the county of San Patricio on the first Mondays in March and September and may continue in session one week. In the county of Live Oak on the second Mondays in March and September, and may continue in session two weeks. In the county of McMullen on the fourth Mondays in March and September and may continue in session two weeks. In the county of Atascosa on the. fifth Monday after the first Mondays in March and September and may continue in session three weeks. In the county of Frio on the eighth Monday after the first Mon<pc force="weak">-</pc><lb break="no" />days in March and September and may continue in session two weeks: In the county of La Salle on the tenth Monday after the first Mondays in March and September and may continue in session one week. In the county of Dimmitt on the eleventh Monday after the first Mon<pc force="weak">-</pc><lb break="no" />days in March and September and may continue in session one week. In the county of Maverick on the twelfth Monday after the first Mon<pc force="weak">-</pc><lb break="no" />days in March and September and may continue in session until the bus<pc force="weak">-</pc><lb break="no" /><pb n="371" ed="gammelslawsoftexas" /><pb ed="unknown" n="65" /><fw type="header" place="top">Laws of the State of Texas.</fw>iness is disposed of. The county of Zavalla is hereby attached to the county of Trio for judicial purposes.</p>
<p>Sec. 37. The thirty seventh judicial district shall be composed of the county of Bexar and the district court therein shall be begun and holden as follows: On the first Monday in March and may continue in session twelve weeks. On the first Monday in June and may continue in session four weeks. On the first Monday in September and may continue in session twelve weeks; and on the first Monday in December and may con<pc force="weak">-</pc><lb break="no" />tinue in session twelve weeks.</p>
<p>Sec. 38. The thirty eighth judicial district shall be composed of the counties of Comal, Kendall, Kerr, Bandera, Medina, Uvalde, Edwards, Kinney and Crockett and the district courts therein shall be held as fol<pc force="weak">-</pc><lb break="no" />lows: In the county of Kinney on the first Mondays in March and Sep<pc force="weak">-</pc><lb break="no" />tember and may continue in session three weeks. In the county of Uvalde on the second Mondays in March and September and may con<pc force="weak">-</pc><lb break="no" />tinue in session two weeks. In the county of Medina dina on the fourth Monday after the first Mondays in March and September and may con<pc force="weak">-</pc><lb break="no" />tinue in session two weeks. In the county of Bandera on the sixth Mon<pc force="weak">-</pc><lb break="no" />day after the first Mondays in March and September and may continue in session two weeks. In the county of Kerr on the eighth Monday after the first Mondays in March and September and may continue in session two weeks. In the county of Kendall on the eleventh Monday after the first Mondays in March and September and may continue in session two weeks. In the county of Comal on the thirteenth Monday after the first Mondays in March and September and may continue in session until the business is disposed of. The unorganized county of Edwards is hereby attached for judicial purposes to the county of Kerr, and the county of Crockett to the county of Kinney.</p>
<p>Sec. 39. One district judge shall be elected in each of the districts created by this act, at the next general election in this State, to be held on the first Tuesday after the first Monday in November A. D. 1884, and the judges so elected shall hold their offices for the term of four years: Provided, that the provisions of this section shall not apply to the thirty-third and thirty-sixth judicial districts.</p>
<p>Sec. 40. A district attorney shall be elected in each of the following districts at the next general election, to-wit: First, second, third, fourth, fifth, seventh, eighth, ninth, thirteenth, twentieth, twenty-first, twenty<pc force="weak">-</pc><lb break="no" />second, twenty-third, twenty-fourth, twenty fifth, twenty-sixth, twenty<pc force="weak">-</pc><lb break="no" />seventh, twenty-eighth, twenty-ninth, thirtieth, thirty-first, thirty-second, thirty-third, thirty-fourth, thirty-fifth, thirty-sixth, thirty-seventh, and thirty-eighth.</p>
<p>Sec. 41. Whenever any unorganized county shall organize, the dis<pc force="weak">-</pc><lb break="no" />trict judge of the district including such county may designate the times for holding the district court therein, and give the necessary notice of such time, and shall thereafter hold the district court in such county at the times so fixed, until otherwise provided by law.</p>
<p>Sec. 42. All writs and process, civil and criminal, heretofore issued, or which may be issued up to the time this act takes effect, by or from the district courts in the several counties of this State, and made returnable to the former terms of said courts as said terms are now fixed by law, shall be returnable to the next ensuing terms of said district courts in each county, as they are prescribed by this act: and all such writs and process that may be issued by or from said courts at any time within five days next before the holding of the next ensuing terms of said<pb n="372" ed="gammelslawsoftexas" /><pb ed="unknown" n="66" /><fw type="header" place="top">Laws of the State of Texas.</fw>courts, as prescribed herein, are hereby made returnable to said terms re<pc force="weak">-</pc><lb break="no" />spectively, and all such writs and process hereinbefore mentioned are hereby legalized and validated to all intents and purposes as if the same had been made returnable to the term of said courts as the terms thereof are herein prescribed.</p>
<p>Sec. 43. That this act take effect and be in force on and alter the first Tuesday after the first Monday in November A. D. 1884; Provided, that the district courts in the several counties in this State shall be held by the district judges under and in accordance with the laws now in force, until the judges elected under this act shall qualify: and provided fur<pc force="weak">-</pc><lb break="no" />ther that this act shall take effect and be in force on and after the first day of September A. D. 1884 for the purpose of ordering and holding the elections herein authorized and for all purposes necessary to a com<pc force="weak">-</pc><lb break="no" />pliance with the requirements of the election laws of the State of Texas.</p>
<p>Sec. 44 That in case the term of court in any county as fixed by this act shall have partly elapsed at the time of the qualification of the dis<pc force="weak">-</pc><lb break="no" />trict judge of the district to which such county belongs, then such judge shall proceed to hold said court for the remainder of said term.</p>
<p>Sec. 45. That ail laws and parts of laws in conflict with this act be and the same are hereby repealed.</p>
<closer>
<dateline>Approved <date>April 9, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect September 1, 1884.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXVIII.</head>
<opener>
<salute>An. Act to amend Article 795, Chapter 17, of the Penal Code.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That article 795, chapter 17, of the Penal Code be so amended as to read as follows:</p>
<p>&#8220;Article 795. If any executor, administrator or guardian having &#8220;charge of any estate, real, personal or mixed, shall unlawfully, and &#8220;with intent to defraud any creditor, heir, legatee, ward or distributee &#8220;interested in such estate, convert the same or any part thereof to his &#8220;own use, he shall be deemed guilty of the offense of swindling.</p>
<closer>
<dateline>Approved <date>April 10, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXIX.</head>
<opener>
<salute>An Act to amend Article 186 of the Penal Code.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That article 186 of the Penal Code be amended so as hereafter to read as follows, to-wit:</p>
<p>&#8220;Article 186. Any merchant, grocer, or dealer in wares or mer<pc force="weak">-</pc><lb break="no" />"chandise, or trader in any lawful business whatsoever, or the agent or &#8220;employee of any such persons, who shall sell or barter on Sunday, shall &#8220;be fined not less than twenty, nor more than fifty dollars; provided<pb n="373" ed="gammelslawsoftexas" /><pb ed="unknown" n="67" /><fw type="header" place="top">Laws of the State of Texas.</fw>&#8220;this article shall not apply to markets or dealers in provisions as to &#8220;sales of provisions made by them before nine o&#8217;clock a. m., nor the sale &#8220;of burial or shrouding material; provided, the sale of newspapers, ice &#8220;and milk at any hour in the day shall be permissible; provided further, &#8220;that nothing in this title shall be construed to prevent the sending or &#8220;receiving of telegraph messages.</p>
<closer>
<dateline>Approved <date>April 10, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXX.</head>
<opener>
<salute>An Act to further provide for the regulation of rail<pc force="weak">-</pc><lb break="no" />road and transportation lines in the State of Texas, and to provide for the creation of the office of, and appointment of a State Engineer and his secretary, and their salaries and duties; to prevent unjust dis<pc force="weak">-</pc><lb break="no" />crimination and extortion in the rates charged for transportation of freight and passengers in this State, and to provide a mode of pro<pc force="weak">-</pc><lb break="no" />cedure in relation thereto.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor shall appoint, by and with the advice and consent of the Senate, an engineer, experienced in the construction and maintenance of railways, who shall be State Engineer, who shall hold his office for two years, or until his successor is qualified, but shall be subject to removal by the Governor at any time. In case of removal, the Governor may ap<pc force="weak">-</pc><lb break="no" />point a successor until the meeting of the next Legislature, when said appointment shall be submitted to the Senate for approval.</p>
<p>Sec. 2. The State Engineer shall receive an annual salary of three thousand dollars. In traveling upon the line of any railway in this State, in the discharge of his duties, he shall also be entitled to charge for the actual amount paid out for railway fare and traveling expenses, in no case to exceed four dollars per day in excess of railway fare paid: and should any railway company voluntarily provide said State engineer with free transportation over its line, he shall be authorized to accept the same in behalf of the State, and shall not charge the State the amount which would otherwise be paid for such transportation. He shall, in his report, state the amount paid by him for transportation on each railway line in the State, also what railway lines have provided -him with free transportation.</p>
<p>Sec. 3. The office of the State Engineer shall be in the Capitol build<pc force="weak">-</pc><lb break="no" />ing in the City of Austin, in rooms to be designated by the Secretary of State. There shall be allowed the State engineer for office furniture, sta<pc force="weak">-</pc><lb break="no" />tionery, postage, and other office expenses one thousand dollars per an<pc force="weak">-</pc><lb break="no" />num. The State Engineer shall employ a secretary, who shall be a com<pc force="weak">-</pc><lb break="no" />petent draftsman, and perform such duties as may be required by the State Engineer. The secretary of the State Engineer shall receive a sal<pc force="weak">-</pc><lb break="no" />ary of fifteen hundred dollars per annum. The salary of the State En<pc force="weak">-</pc><lb break="no" />gineer and his secretary shall be paid monthly from the State Treasury. All vouchers for traveling and office expenses of the State Engineer and his secretary shall be paid monthly from the State Treasury. All vouchers for traveling and office expenses of the State Engineer and his secretary shall be paid upon certified vouchers, approved by the Governor.</p>
<p>Sec. 4. Before entering upon the duties, of his office, the State En<pc force="weak">-</pc><lb break="no" /><pb n="374" ed="gammelslawsoftexas" /><pb ed="unknown" n="68" /><fw type="header" place="top">Laws of the State of Texas.</fw>gineer and his secretary each shall subscribe to the following oath, in ad<pc force="weak">-</pc><lb break="no" />dition to the usual oath of office: &#8220;And I do further swear, (or affirm) that I am not connected, officially or otherwise, with any railroad cor<pc force="weak">-</pc><lb break="no" />pany or transportation line, either within or outside of this State, and that I am not a stockholder or in any manner interested in any railroad company or transportation line whatever, so help me God.&#8221;</p>
<p>Sec. 5. The State Engineer shall perform such duties as are now, or may. hereafter be prescribed by law, and shall twice in each year, and at such other times as he may deem it necessary, carefully inspect the rail<pc force="weak">-</pc><lb break="no" />roads in this State, and keep himself informed of the condition of the same, and manner in which they are operated, with the special reference to the safety and proper accommodation of the public, which inspection shall include the condition of road Red, track and bridges; character and condition of cars, station houses, platforms and other facilities inci<pc force="weak">-</pc><lb break="no" />dent to transportation business. Should such inspection indicate a non<pc force="weak">-</pc><lb break="no" />compliance with the law on the part of any railroad, such non-compli<pc force="weak">-</pc><lb break="no" />ance shall be presented in proper and official form to the Attorney Gen<pc force="weak">-</pc><lb break="no" />eral, who shall proceed to investigate and enforce penalty for dereliction, according to existing statutes, or as hereinafter provided.</p>
<p>Sec. 6. The State Engineer shall, on the first day of December of each year, make a report to the Governor of all matters pertaining to his office, and especially report upon the inspection of all the railroads in the State, and he shall incorporate in said report any suggestions he may have to make in regard to changes in existing laws connected with the management and control of railroads in this State. He shall also, when<pc force="weak">-</pc><lb break="no" />ever required by the Governor, make a special report of the inspection authorized and required under this act of any railroad in this State. That the said Engineer shall prepare and transmit to the next Legislature a complete freight classification and schedule of reasonable maximum rates for freight transportation for each of the railroads operated in this State; and copies of the same shall be furnished to, the members of the Nine<pc force="weak">-</pc><lb break="no" />teenth Legislature thirty days before the meeting of the said Legislature.</p>
<p>Sec. 7. Be it further enacted, that charges for transportation on each class or kind of freight moving in the same direction, shall be uniform, and any unjust discrimination in the rates or charges for the transporta<pc force="weak">-</pc><lb break="no" />tion of any freight made against any person or place, on any railroad operated in this State, is declared to be unlawful. If any railroad com<pc force="weak">-</pc><lb break="no" />poration shall wilfully charge, collect, or receive from any person or per<pc force="weak">-</pc><lb break="no" />sons for the transportation of any freight upon its railroad, a higher or greater rate of toll or compensation than it shall charge, collect, or re<pc force="weak">-</pc><lb break="no" />ceive from any other person or persons, for the transportation of the like quantity of freight of the same class, being transported from the same point in the same direction, over equal distances of the same railroad, or if it shall charge, collect, or receive from any person or persons for the use and transportation of any railroad car or cars upon its railroad, a higher or greater sum than it shall charge, collect, or receive from any other person or persons for the use or transporta<pc force="weak">-</pc><lb break="no" />tion of a car or cars of the same class for a like purpose, from the same point in the same direction and an equal distance; or if any railroad company shall charge one person more for transporting freight of the same class, in equal or less quantities, over its road, for the same or a less distance, than it charges another for the same or a greater distance, all such discriminating rates, charges or collections,<pb n="375" ed="gammelslawsoftexas" /><pb ed="unknown" n="69" /><fw type="header" place="top">Laws of the State of Texas.</fw>whether made directly or by means of any rebate, or other shift or evas<pc force="weak">-</pc><lb break="no" />ion, shall be considered and taken as prima facie evidence of extortion and unjust discrimination, which is hereby prohibited and declared un<pc force="weak">-</pc><lb break="no" />lawful, and any railroad company or companies, for such violation of law, shall forfeit and pay to the persons or persons injured thereby the sum of five hundred dollars, to be recovered before any court having jurisdiction of the amount, in any county through, or into which the freight may have been transported. Every railroad company or corpora<pc force="weak">-</pc><lb break="no" />tion doing business in this State, shall hereafter be required to keep posted in a conspicuous place, at all depots, a printed or written schedule of its freight charges from its principal office or place of business to all depots on its line or lines of road within this State. Such schedule shall specify the different classes or kinds of freight, with an enumeration of the articles belonging to each class, the charge for each class, per car load, and the charge for each class per hundred, pounds in quantities less than car loads. It shall be unlawful for any railroad company to change such freight tariffs without giving five days notice to the public in the manner above required, and it shall be the duty of every railroad company in this State to furnish its station agents with the printed or written no<pc force="weak">-</pc><lb break="no" />tices herein mentioned at least five days before any changes are to take effect. Any railroad company violating any of the provisions of this act shall, for every five days it neglects to furnish the notices herein required to any of its station agents, forfeit the sum of five hundred dollars to the county in which the depot is situated, to be recovered in any court hav<pc force="weak">-</pc><lb break="no" />ing competent jurisdiction, said amount, when recovered, to be used for road and bridge purposes. It shall be the duty of every station agent of the railroads of this State upon being furnished with the printed or writ<pc force="weak">-</pc><lb break="no" />ten notices mentioned in the foregoing, to poet the same in some con<pc force="weak">-</pc><lb break="no" />spicuous place in his depot, buildings, and keep them posted until the changes proposed take effect. Any station agent failing or refusing to post up said notices within two days after the same shall have been fur<pc force="weak">-</pc><lb break="no" />nished him, or failing to keep the same posted, as herein required, shall be deemed guilty of a misdemeanor, and upon conviction of the same be<pc force="weak">-</pc><lb break="no" />fore any court having the proper jurisdiction, shall be fined not less than twenty-five dollars and not more than one hundred dollars. The road of the company shall include all the road in use by such company, whether owned or operated under control or lease; provided that nothing herein contained shall be construed to repeal Article 4257 of the Revised Civil Statutes, prescribing maximum rates, and prohibiting discriminations.</p>
<p>Sec. 8. Where railroads within this State receive goods for transpor<pc force="weak">-</pc><lb break="no" />tation into their warehouses or depots, they shall forward them in the or<pc force="weak">-</pc><lb break="no" />der in which they are received: the first received to be the first forwarded, without giving the preference to one over another: and in case of failure to do so they shall Be liable for all loss occurring while the goods remain, and for all damage occasioned or in any wise resulting from delay; pro<pc force="weak">-</pc><lb break="no" />vided, that the trip or voyage shall be considered as having commenced from the time of the signing of bill of lading, and as having ended upon the arrival of freight at point of destination, and written notices served upon the consignee that it is ready for delivery upon payment of freight and charges. It is further provided, that should the consignee of the goods fail to receive them promptly after such notice is served, the lia<pc force="weak">-</pc><lb break="no" />bility of the railroads thereafter shall be the same as that of warehouse<pc force="weak">-</pc><lb break="no" />men.</p>
<pb n="376" ed="gammelslawsoftexas" /><pb ed="unknown" n="70" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 9. The passenger fare upon all railroads in this State shall be three cents per mile, with an allowance of baggage to each, passenger not to exceed one hundred pounds in weight; provided, however, that where<pc force="weak">-</pc><lb break="no" />the fare is paid to the conductor, the rate shall be four cents per mile, ex<pc force="weak">-</pc><lb break="no" />cept from stations where no tickets are sold, and that the minimum, charge in no case shall be less than twenty-five cents; and provided fur<pc force="weak">-</pc><lb break="no" />ther, that when the passenger fare does not end in five or naught, the nearest sum so ending shall be the fare; provided, further, that in no case shall children under ten years of age be charged a higher rate of fare than two cents per mile; provided further, railroads shall be required to keep their ticket offices open half an hour prior to the departure of trains, and upon failure to do so they shall not charge more than three cents per mile.</p>
<p>Sec. 10. That direct and prompt remedies may be had, and penalties enforeed in case of violation of any laws herein named, it is made the special duty of the Attorney General, whenever information is filed with him by the State Engineer, or any other person, that any railroad com<pc force="weak">-</pc><lb break="no" />pany in this State has violated any provisions of the laws of this State, providing for the transportation of passengers or freight, or is unjustly discriminating in its charges for transportation against any person or place in this State, or is guilty of extortion in its charges for transporta<pc force="weak">-</pc><lb break="no" />tion against any persons or place in this State, or is guilty of extortion in its charges for transportation of passengers and freight, or for im<pc force="weak">-</pc><lb break="no" />proper condition of road Red, track, bridges, or other structures, cars, station-houses or platforms, to give ten days notice in writing to said corporation of said complaint, and after an investigation of the matter he shall proceed to determine whether the matters complained of are vio<pc force="weak">-</pc><lb break="no" />lations of the law, and shall give notice to said company of his decision respecting the same, and if any such violation of the law is continued, after the railroad company is so notified, or if the actual damage is not paid to the party aggrieved, within ten days after such notification, he shall cause proceedings to be instituted against said railroad company or companies, to recover the penalties provided by law; provided, that noth<pc force="weak">-</pc><lb break="no" />ing herein contained shall be construed to prevent any citizen of this State from bringing suit in his own name against any railroad or trans<pc force="weak">-</pc><lb break="no" />portation company for discrimination in freight or passenger charges; provided further, that the penalties prescribed by law for any overcharge shall not be recoverable unless the party aggrieved shall give notice thereof in writing, to the railroad company, or to the agent demanding or receiving the same, and said company shall fail within twenty days thereafter, to refund to such party aggrieved, the amount of such over<pc force="weak">-</pc><lb break="no" />charge.</p>
<p>Sec. 11. The near approach of the close of the session, and the im<pc force="weak">-</pc><lb break="no" />portance of a law regulating the management and control of railroads<pc force="weak">-</pc><lb break="no" />in this State, creates an imperative public necessity and emergency that the constitutional rule requiring bills to be read on three several days should be suspended, and that this act take effect, and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 10, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<pb n="377" ed="gammelslawsoftexas" /><pb ed="unknown" n="71" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LXXI.</head>
<opener>
<salute>An Act to amend Article 784, of Chapter 15, Title 17, of the Penal Code.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 784, of Chapter 15, Title 17, of the Penal Code, be so amended as hereafter to read as follows:</p>
<p>&#8220;Article 784. If any agent of any railroad, steamship, sailing ves<pc force="weak">-</pc><lb break="no" />"sel, or shipping company of any kind, shall receive for shipment any &#8220;horses or cattle, unless such horses or cattle have been duly inspected &#8220;according to law, he shall be fined not less than twenty-five nor more &#8220;than one thousand dollars for each animal so unlawfully shipped.&#8221;.</p>
<p>Sec. 2. The great necessity for this law, and the near approach of the end of this session of the Legislature, creates an imperative public necessity, and emergency the constitutional rule that bills be read on three several days in each house be suspended, and the same is therefore suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 10, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXII.</head>
<opener>
<salute>An Act to provide for the permanent endowment, in land or its proceeds, of the University of Texas and its branches, in<pc force="weak">-</pc><lb break="no" />cluding the branch for the instruction of colored youths; and, also, to provide for an equal endowment for the benefit of the permanent common free schools of this State.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That after the payment of the amounts due from the State to the com<pc force="weak">-</pc><lb break="no" />mon free school fund, out of the proceeds of the sales heretofore made, or hereafter to be made, of that portion of the public lands set aside for the payment of the public debt, by an act approved July 14th, 1879, and an act, amendatory thereof, approved March 11th, 1881, and the payment directed to be made to the common school and university funds by an act approved Feb&#8217;y 23d, 1883, the remainder of said land, not to exceed two million of acres, contained in the counties and territory specially men<pc force="weak">-</pc><lb break="no" />tioned in said acts, or the proceeds thereof, set aside by said acts for the payment of the public debt, heretofore or hereafter to be received by the State, shall one half thereof constitute a permanent endowment fund for the University of Texas and its branches, including the branch for the instruction of colored youths, and one half thereof shall constitute a permanent endowment fund for the common free schools of this State.</p>
<p>Sec. 2. The importance of the subject embraced in this act, and the limited time allowed for the consideration of the great accumulation of bills now pending, creates an imperative public emergency for the imme<pc force="weak">-</pc><lb break="no" />diate passage of this act, and the public necessity for the suspension of the rule requiring bills to be read on three several days, and that this act take effect and be in force from and after its passage; and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 10, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<pb n="378" ed="gammelslawsoftexas" /><pb ed="unknown" n="72" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LXXIII.</head>
<opener>
<salute>An Act to fix the fees of the Department of State, and require the collection, of the same.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Department of State shall charge and collect, for the use and benefit of the State, for services rendered in said Department, the follow<pc force="weak">-</pc><lb break="no" />ing fees, to-wit: For each and every charter, amendment or supplement thereto of a private corporation created for the purpose of operating or constructing a railroad, magnetic telegraph line, or street railway, or express company, authorized or required by law to be recorded in said Department, a fee of one hundred dollars, to be paid when said charter is filed: provided, that if the authorized capital stock of said corporation shall exceed one hundred thousand dollars, it shall be required to pay an additional fee of twenty five dollars for each one hundred thousand dol<pc force="weak">-</pc><lb break="no" />lars authorized capital stock, or fractional part thereof, after the first; for each and every charter, amendment, or supplement thereto, of a private corporation intended for the support of public worship, any benevolent, charitable, educational, missionary, literary or scientific un<pc force="weak">-</pc><lb break="no" />dertaking, the maintenance of a library, the promotion of painting, music, or other fine arts, the encouragement of agriculture and horticulture, the maintenance of public parks, and facilities for skating and other inno<pc force="weak">-</pc><lb break="no" />cent sports, and the maintenance of a public cemetery, a fee of ten dol<pc force="weak">-</pc><lb break="no" />lars, to be paid when the charter is filed; for each and every charter, amendment, or supplement thereto, of a private corporation, created for any other purpose, intended for mutual profit, or benefit, a fee of twenty five dollars shall be paid when the said charter is filed for record: pro<pc force="weak">-</pc><lb break="no" />vided, that if the authorized capital stock of said corporation shall exceed ten thousand dollars, it shall be required to pay an additional fee of five dollars for each additional ten thousand dollars of its authorized capital stock, or fractional part thereof, after the first: for each commission to every officer, elected or appointed in this State, a fee of one dollar; and each and every officer elected or appointed in this State is required to ap<pc force="weak">-</pc><lb break="no" />ply [for] and receive his commission: provided, that the Secretary of State shall not be required to forward copies of laws to, nor attest the authority of, any officer in this State who fails and refuses to take out his commis<pc force="weak">-</pc><lb break="no" />sion as required in this act; for every official certificate, a fee of one dol<pc force="weak">-</pc><lb break="no" />lar; for each warrant or requisition, a fee of two dollars; for each remis<pc force="weak">-</pc><lb break="no" />sion of fine or forfeiture, one dollar; for copies of any paper, document or record in his office, for each one hundred words fifteen cents.</p>
<p>Sec. 2. All fees mentioned in this act shall be paid in advance into the office of Secretary of State, and shall be by him paid into the State Treasury monthly.</p>
<p>Sec. 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.</p>
<p>Sec. 4. Whereas a daily loss accrues to the State for the want of a better fee bill in the Department of State, an imperative public necessity and an emergency exists for the immediate passage of this act, and it is enacted that this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 10, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<pb n="379" ed="gammelslawsoftexas" /><pb ed="unknown" n="73" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LXXIV.</head>
<opener>
<salute>An Act to establish uniform weights per bushel of wheat, corn and other products of the State.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the following shall be the legal number of pounds per bushel: Wheat sixty pounds; corn, shelled fifty-six pounds, corn in the ear, shucked, seventy pounds; unshucked, in ear seventy-two pounds; oats, thirty-two pounds; barley, forty-eight pounds; rye, fifty-six pounds; buck wheat forty-two pounds, white beans sixty pounds; Irish potatoes sixty pounds; sweet potatoes, fifty-five pounds; onions, fifty-seven pounds; turnips fifty-five pounds; dried apples twenty-eight pounds; dried peaches twenty-eight pounds; bran, twenty pounds; Hungarian grass seed, forty<pc force="weak">-</pc><lb break="no" />eight pounds; hemp seed forty-four pounds; flax seed fifty-six pounds; stone coal, eighty pounds; charcoal, twenty-two pounds; salt, fifty pounds; clover seed, sixty pounds, timothy seed forty-five pounds; cot<pc force="weak">-</pc><lb break="no" />ton seed thirty-two pounds; millett seed, fifty pounds.</p>
<p>Sec. 2. All laws coming in conflict with, this act, be and the same are hereby repealed.</p>
<closer>
<dateline>Approved <date>April 10, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXV.</head>
<opener>
<salute>An Act to prevent the adulteration of food, wines, beers, fermented or distilled liquors, and drugs.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That no person shall within this State manufacture, offer for sale, or sell any article of food, wines, beers, fermented or distilled liquors or drugs, which is by him known to be adulterated, within the meaning of this act. Any person violating this provision shall be deemed guilty of a misde<pc force="weak">-</pc><lb break="no" />meanor, and upon conviction thereof shall be punished by a fine not ex<pc force="weak">-</pc><lb break="no" />ceeding five hundred dollars.</p>
<p>Sec. 2. The term food, as used in this act, shall include every article used for food or drink by man. The term drug, as used in this act, shall include all medicines for internal and external use.</p>
<p>Sec. 3. An article shall be deemed adulterated within the meaning of this act: (a) In the case of drugs&#8212;</p>
<p>1. If, when sold, under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein.</p>
<p>2. If, when sold under or by a name not recognized in the United Slates Pharmacopoeia, but which is found in some other Pharmacopoeia, or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work.</p>
<p>3. If its strength or purity fall below the professed standard under which it is sold.</p>
<p>(b) In the case of food or drinks:&#8212;</p>
<p>1. If any substance or substances bas or have been mixed with it so as to reduce or lower, or injuriously effect its quality or strength.</p>
<pb n="380" ed="gammelslawsoftexas" /><pb ed="unknown" n="74" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>2. If any inferior or cheaper substance or substances have been sub<pc force="weak">-</pc><lb break="no" />stituted, wholly or in part, for the article.</p>
<p>3. If any valuable constituent of the article has been wholly or in part abstracted.</p>
<p>4. If it be an imitation of, or be sold under the name of another art<pc force="weak">-</pc><lb break="no" />icle.</p>
<p>5. If it consists, wholly or in part, of a diseased, or decomposed, or putrid, or rotten animal, or vegetable substance, whether manufactured or not; or in the case of milk, if it is the produce of a diseased animal.</p>
<p>6. If it be colored, or coated, or polished, or powdered, whereby dam<pc force="weak">-</pc><lb break="no" />age is concealed, or it is made to appear better than it really is, or of greater value.</p>
<p>7. If it contains any added poisonous ingredient, or any ingredient which may render such article injurious to the health of a person con<pc force="weak">-</pc><lb break="no" />suming it; provided, that the State Health Officer may, with, the ap<pc force="weak">-</pc><lb break="no" />proval of the Governor, from time to time, declare certain articles or preparations to be exempt from the provisions of this act; and provided further, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food; provided, that the same are not injurious to health, and that the articles are distinctly labeled as a mixture, stating the components of the mixture.</p>
<p>Sec. 4. It shall be the duty of the State Health Officer to prepare and publish from time to time, lists of the articles, mixtures, or com<pc force="weak">-</pc><lb break="no" />pounds declared to be exempt from the provisions of this act, in accord<pc force="weak">-</pc><lb break="no" />ance with the preceding section. The State Health Officer shall also, from time to time, fix the limits of variability permissible in any article of food, or drug, or compound, the standard of which is not established by any national Pharmacopoeia.</p>
<p>Sec. 5. The State Health Officer shall take cognizance of the inter<pc force="weak">-</pc><lb break="no" />ests of the public health, as it relates to the sale of food and drugs, and the adulterations of the same, and make all necessary investigations and inquiries relating thereto. He shall also have the supervision of the ap<pc force="weak">-</pc><lb break="no" />pointment of public analysts and chemists, and upon his recommenda<pc force="weak">-</pc><lb break="no" />tion, whenever he shall deem any such officers incompetent, the appoint<pc force="weak">-</pc><lb break="no" />ment of any and every such officer shall be revoked, and be held to he void and of no effect. Within thirty days after the passage of this act the State Health Officer shall adopt such measures as may seem necessary to facilitate the enforcement of this act, and prepare rules and regula<pc force="weak">-</pc><lb break="no" />tions with regard to the proper method of collecting and examining art<pc force="weak">-</pc><lb break="no" />icles of food or drugs, and for the appointment of the necessary inspect<pc force="weak">-</pc><lb break="no" />ors and analysts, and the said Health Officer shall be authorized to ex<pc force="weak">-</pc><lb break="no" />pend an amount not exceeding two thousand dollars, for the purpose of carrying out the provisions of this act; and the sum of two thousand dol<pc force="weak">-</pc><lb break="no" />lars is hereby appropriated out of any money in the Treasury not other<pc force="weak">-</pc><lb break="no" />wise appropriated, for the purpose in this section provided.</p>
<p>Sec. 6. Every person selling, or offering, or exposing any article of food or drug for sale, or delivering any article to purchasers, shall be re<pc force="weak">-</pc><lb break="no" />quired to serve or supply any public analyst or other agent of the State, or local health officer, appointed under this act, who shall apply to him for that purpose, and on tendering the value of the same, with a sample sufficient for the purpose of analysis of any article which is included in this act, and which is in the possession of the person selling, under a penalty not exceeding fifty dollars for a first offense, and one hundred dollars for each subsequent offense.</p>
<pb n="381" ed="gammelslawsoftexas" /><pb ed="unknown" n="75" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 7. Any violations of the provisions of this act shall be treated and punished as a misdemeanor; and whoever shall impede, obstruct, hinder, or otherwise prevent any analyst, inspector or prosecuting officer in the performance of his duty, shall be guilty of a misdemeanor, and shall be fined in any sum not less than fifty dollars, nor more than five hundred dollars.</p>
<p>Sec. 8. Any acts, or parts of acts inconsistent with the provisions of this act, are hereby repealed.</p>
<p>Sec. 9. All the regulations and declarations of the State Health Um<pc force="weak">-</pc><lb break="no" />cer, made under this act, from time to time and promulgated, shall be printed for general distribution.</p>
<p>Sec. 10. The near approach of the end of the present session of the Legislature, rendering it improbable that this bill can pass through the regular course of legislation, creates an imperative necessity for the sus<pc force="weak">-</pc><lb break="no" />pension of the constitutional rule requiring bills to be read on three sev<pc force="weak">-</pc><lb break="no" />eral days, and it is so suspended.</p>
<closer>
<dateline>Approved <date>April 10, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXVI.</head>
<opener>
<salute>An Act to amend Article 1059, Chapter 3, Title 15, of the Code of Criminal Procedure of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That article 1059 of the Code of Criminal Procedure of this State shall hereafter read as follows:</p>
<p>Article 1059. It shall be the duty of the Comptroller, upon the re<pc force="weak">-</pc><lb break="no" />ceipt of such claim, and said certified copy of the minutes of said courts, to closely and carefully examine the same, and, if correct to draw his warrant on the State Treasurer for the amount due, and in favor of the officer entitled to the same; provided, that, if the appropriation for pay<pc force="weak">-</pc><lb break="no" />ing such accounts is exhausted, the Comptroller shall file the same away, if correct, and issue a certificate in the name of the officer entitled to the same, stating therein the amount of the claim and character of the serv<pc force="weak">-</pc><lb break="no" />ices performed. And all such claims or accounts not transmitted to or placed on file in the office of Comptroller of Public Accounts, within twelve months from the date of the final disposition of the case in which the services were rendered, shall be forever barred; provided further, that the owners of the claims or accounts that have been barred by the provisions of this article, requiring the same to be transmitted to or placed on file in the office of the Comptroller of Public Accounts, in six months from the date of the final disposition of the case in which the services were rendered, shall have six months from and after the time this act shall take effect to present said claims; and all claims or accounts so presented shall be taken and considered by the Comptroller as claims presented within the time allowed by law.</p>
<closer>
<dateline>Approved <date>April 11, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<pb n="382" ed="gammelslawsoftexas" /><pb ed="unknown" n="76" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LXXVII.</head>
<opener>
<salute>An Act to establish a county brand for the several counties in this State, and to provide for the advertising of all estrays, branded with the county brand, in the counties to which the county brand may belong.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the several counties in this State shall have a brand for horses and cattle, said brand to be known and designated as the &#8220;County Brand.&#8221;</p>
<p>Sec. 2. The county brand of each county in this State shall be as follows:</p>
<p>Anderson.......... A. A.</p>
<p>Andrews........... A. N.</p>
<p>Angelina.......... A. L.</p>
<p>Aransas........... A. R.</p>
<p>Archer............ A. H.</p>
<p>Armstrong......... A. M.</p>
<p>Atascosa.......... A. T.</p>
<p>Austin............ A. U.</p>
<p>Bandera........... B. A.</p>
<p>Bastrop........... B. S.</p>
<p>Bailey............ B. I.</p>
<p>Baylor............ B. R.</p>
<p>Bee............... B. E.</p>
<p>Bell.............. B. L.</p>
<p>Bexar............. B. X.</p>
<p>Blanco............ B. N.</p>
<p>Borden............ B. D.</p>
<p>Bosque............... B.</p>
<p>Bowie............. B. O.</p>
<p>Brazoria.......... B. B.</p>
<p>Brazos............ B. Z.</p>
<p>Briscoe........... B. H.</p>
<p>Brown............. B. W.</p>
<p>Burleson.......... B. U.</p>
<p>Burnet............ B. T.</p>
<p>Caldwell.......... C. A.</p>
<p>Calhoun........... C. H.</p>
<p>Callahan.......... C. L.</p>
<p>Cameron........... C. M.</p>
<p>Camp.............. C. P.</p>
<p>Carson............ C. R.</p>
<p>Cass.............. C. S.</p>
<p>Castro............ C. T.</p>
<p>Chambers.......... C. B.</p>
<p>Cherokee.......... C. K.</p>
<p>Childress......... C. D.</p>
<p>Clay.............. C. Y.</p>
<p>Cochran........... C. C.</p>
<p>Coleman........... C. E.</p>
<p>Collins........... C. I.</p>
<p>Collingsworth..... C. W.</p>
<p>Colorado.......... C. N.</p>
<p>Comal............. C. O.</p>
<p>Comanche.......... C. J.</p>
<p>Concho............ C. V.</p>
<p>Cooke............. C. U.</p>
<p>Coryell........... C. X.</p>
<p>Cottle............ C. 2.</p>
<p>Crockett.......... C. 3.</p>
<p>Crosby............ C. 4.</p>
<p>Dallas............ D. A.</p>
<p>Dallam............ D. L.</p>
<p>Dawson............ D. N.</p>
<p>Deaf Smith........ D. S.</p>
<p>Delta............. D. T.</p>
<p>Denton............ D. O.</p>
<p>DeWitt............ D. E.</p>
<p>Dickens........... D. I.</p>
<p>Dimmitt........... D. M.</p>
<p>Donley............ D. N.</p>
<p>Duval............. D. D.</p>
<p>Eastland.......... E. A.</p>
<p>Edwards........... E. D.</p>
<p>Ellis............. E. L.</p>
<p>El Paso........... E. P.</p>
<p>Encinal........... E. N.</p>
<p>Erath............. E. R.</p>
<p>Falls............. F. A.</p>
<p>Fannin............ F. N.</p>
<p>Fayette........... F. E.</p>
<p>Fisher............ F. I.</p>
<p>Floyd............. F. L.</p>
<p>Fort Bend......... F. B.</p>
<p>Franklin.......... F. K.</p>
<p>Freestone......... F. R.</p>
<p>Frio.............. F. O.</p>
<p>Galveston......... G. A.</p>
<p>Gaines............ G. I.</p>
<p>Garza............. G. R.</p>
<p>Gillespie......... G. L.</p>
<p>Goliad............ G. D.</p>
<p>Gonzales.......... G. O.</p>
<pb n="383" ed="gammelslawsoftexas" /><pb ed="unknown" n="77" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Gray............. G. Y.</p>
<p>Grayson.......... G. N.</p>
<p>Greer............... G.</p>
<p>Gregg............ G. G.</p>
<p>Grimes........... G. M.</p>
<p>Guadalupe........ G. E.</p>
<p>Hale................ H.</p>
<p>Hall............. H. A.</p>
<p>Hamilton.......... H. I.</p>
<p>Hansford.......... H. F.</p>
<p>Hardeman.......... H. N.</p>
<p>Hardin.......... H. D.</p>
<p>Harris.......... H. S.</p>
<p>Harrison.......... H. X.</p>
<p>Hartley.......... H. T.</p>
<p>Haskell.......... H. 6.</p>
<p>Hays.......... H. Y.</p>
<p>Hemphill.......... H. M.</p>
<p>Henderson.......... H. E.</p>
<p>Hidalgo.......... H. G.</p>
<p>Hill.......... H. L.</p>
<p>Hockley.......... H. K.</p>
<p>Hood........... H. O.</p>
<p>Hopkins.......... H. P.</p>
<p>Howard.......... H. R.</p>
<p>Houston.......... H. 4.</p>
<p>Hunt.......... H. U.</p>
<p>Hutchinson.......... H. H.</p>
<p>Jack.......... J.</p>
<p>Jackson.......... J. A.</p>
<p>Jasper.......... J. P.</p>
<p>Jefferson.......... J. E.</p>
<p>Johnson.......... J. H.</p>
<p>Jones.......... J. O.</p>
<p>Karnes.......... K.</p>
<p>Kaufman.......... K. A.</p>
<p>Kendall.......... K. E.</p>
<p>Kent.......... K. T.</p>
<p>Kerr........... K. R.</p>
<p>Kimble.......... K. I.</p>
<p>King.......... K. N.</p>
<p>Kinney.......... K. O.</p>
<p>Knox.......... K. X.</p>
<p>Lamar.......... L. A.</p>
<p>Lamb.......... L. M.</p>
<p>Lampasas.......... L. P.</p>
<p>La Salle.......... L. S.</p>
<p>Lavaca.......... L. C.</p>
<p>Lee........... L. E.</p>
<p>Leon.......... L. 4.</p>
<p>Liberty.......... L. I.</p>
<p>Limestone.......... L. T.</p>
<p>Lipscomb.......... L. B.</p>
<p>Live Oak.......... L. O.</p>
<p>Llano.......... L.</p>
<p>Lubbock.......... L. K.</p>
<p>Lynn.......... L. N.</p>
<p>Madison.......... M. 1.</p>
<p>Marion.......... M. 2.</p>
<p>Martin.......... M. 4.</p>
<p>Mason.......... M. N.</p>
<p>Matagorda.......... M. R.</p>
<p>Maverick.......... M. K.</p>
<p>McCulloch.......... M. C.</p>
<p>McLennan.......... M. L.</p>
<p>McMullen.......... M.</p>
<p>Medina.......... M. A.</p>
<p>Menard.......... M. D.</p>
<p>Milam.......... M. I.</p>
<p>Mitchell.......... M. H.</p>
<p>Montague.......... M. E.</p>
<p>Montgomery.......... M. M.</p>
<p>Moore.......... M. O.</p>
<p>Morris.......... M. S.</p>
<p>Motley.......... M. T.</p>
<p>Nacogdoches.......... N. S.</p>
<p>Navarro.......... N. A.</p>
<p>Newton.......... N.</p>
<p>Nolan.......... N. O.</p>
<p>Nueces.......... N. E.</p>
<p>Ochiltree.......... O. H.</p>
<p>Oldham.......... O. O.</p>
<p>Orange.......... O.</p>
<p>Palo Pinto.......... P. P.</p>
<p>Panola.......... P. A.</p>
<p>Parmer.......... P. R.</p>
<p>Parker.......... P. K.</p>
<p>Pecos.......... P.</p>
<p>Polk.......... P. K.</p>
<p>Potter.......... P. O.</p>
<p>Presidio.......... P. R.</p>
<p>Raines.......... R.</p>
<p>Randall.......... R. A.</p>
<p>Red River.......... R. R.</p>
<p>Refugio.......... R. E.</p>
<p>Roberts.......... R. S.</p>
<p>Robertson.......... R. O.</p>
<p>Rockwall.......... R. L.</p>
<p>Runnels.......... R. N.</p>
<p>Rusk.......... R. K.</p>
<p>Sabine.......... S. B.</p>
<p>San Augustine.......... S. A.</p>
<p>San Jacinto.......... S. J.</p>
<p>San Patricio.......... S. P.</p>
<p>San Saba.......... S. S.</p>
<p>Scurry.......... S.</p>
<p>Shackelford.......... S. D.</p>
<p>Shelby.......... S. H.</p>
<pb n="384" ed="gammelslawsoftexas" /><pb ed="unknown" n="78" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sherman.......... S. N.</p>
<p>Smith.......... S. T.</p>
<p>Somervell.......... S. O.</p>
<p>Starr.......... S. R.</p>
<p>Stephens.......... S. E.</p>
<p>Stonewall.......... S. L.</p>
<p>Swisher.......... S. I.</p>
<p>Tarrant.......... T. A.</p>
<p>Taylor.......... T.</p>
<p>Terry.......... T. E.</p>
<p>Throckmorton.......... T. H.</p>
<p>Titus.......... T. I.</p>
<p>Tom Green.......... T. G.</p>
<p>Travis.......... T. S.</p>
<p>Trinity.......... T. R.</p>
<p>Tyler.......... T. L.</p>
<p>Upshur.......... U. P.</p>
<p>Uvalde.......... U.</p>
<p>Van Zandt.......... V.</p>
<p>Victoria.......... V. I.</p>
<p>Walker.......... W. K.</p>
<p>Waller.......... W.</p>
<p>Washington.......... W. N.</p>
<p>Webb.......... W. E.</p>
<p>Wharton.......... W. T.</p>
<p>Wheeler.......... W. H.</p>
<p>Wichita.......... W. A.</p>
<p>Wilbarger.......... W. R.</p>
<p>Williamson.......... W. I.</p>
<p>Wilson.......... W. L.</p>
<p>Wise.......... W. S.</p>
<p>Wood.......... W. O.</p>
<p>Yoakum.......... Y.</p>
<p>Young.......... Y. O.</p>
<p>Zapata.......... X.</p>
<p>Zavala.......... X. X.</p>
<p>Sec. 3. The owners of all horses and cattle, in addition to their pri<pc force="weak">-</pc><lb break="no" />vate brand, may place said county brand on all horses and cattle owned by them, and shall be placed upon the neck of all animals so branded.</p>
<p>Sec. 4. Whenever any horses or cattle branded with the county brand are removed to another county, the owners of such stock may counter<pc force="weak">-</pc><lb break="no" />brand with said county brand, and a bar under said county brand shall be used and known as the &#8220;County brand,&#8221; and when so counter-branded, the brand of the county in which said stock may be newly located, may be placed on said stock.</p>
<p>Sec. 5. Whenever any person shall estray any animal on which any county brand may be found, it shall be the duty of the county clerk of the county in which said estray may be, to immediately send a notice, containing a full description of said animal, together with the marks and brands, to the county clerk of the county to which the county brand may belong, and it shall be the duty of the county clerk of said county brand to record said notice in a, book kept for that purpose, and post the same on the court house door; and it shall further be his duty to ascertain from his record of brands, to whom said animal may belong, and to notify said owner by letter otherwise, and for such services he shall be entitled to a fee of one dollar from said owner, and the county clerk furnishing the notice shall be entitled to a fee of one dollar from said owner.</p>
<p>Sec. 6. Any county clerk who shall fail to send a notice as required in section 5, of this act, the county clerk so failing shall become liable to the original owner of said estray in an amount, equal to the value of said estray.</p>
<p>Sec. 7. It shall be the duty of the Secretary of State to furnish a printed list of the county brands, to the county clerks of this State, who shall securely post the same in their office.</p>
<p>Sec. 8. Whereas the near approach to the end of the session of the Legislature, and we now have no laws by which notice can be given to the owners of estray stock in the county of their residence, therefore an emergency exists that requires the constitutional rule requiring bills to be read on three several days be suspended.</p>
<closer>
<dateline>Approved <date>April 11, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<pb n="385" ed="gammelslawsoftexas" /><pb ed="unknown" n="79" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LXXVIII.</head>
<opener>
<salute>An Act to amend Article 426 of the Penal Code, as amended March 15th 1881.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That article 426 be so amended as to read hereafter as follows:</p>
<p>Article 426. It shall hereafter be unlawful for any person to kill, ensnare or trap, or in any way destroy any wild deer in the period of time embraced between the 20th day of January and the first day of August in each year; and any violation of this provision shall be consid<pc force="weak">-</pc><lb break="no" />ered a misdemeanor, and upon conviction before any court of competent jurisdiction shall be fined in any sum of not less than twenty-five dol<pc force="weak">-</pc><lb break="no" />lars, nor more than fifty dollars together with the costs of suit, which fine shall go to the common school fund, and upon conviction of said of<pc force="weak">-</pc><lb break="no" />fense, as well as those provided against in articles 424 and 425 of this chapter, the person so offending and convicted shall stand committed to jail until such fine and costs are paid; and any butcher, huckster, mar<pc force="weak">-</pc><lb break="no" />keter, carrier or express agent, or any person found in possession of fresh killed venison one day before the above specified open season begins, or ten days after the open season is closed, shall be deemed equally guilty of the violations of the provisions of this article, and liable to the same proceedings and penalties herein provided, or provided in articles 424 and 425.</p>
<p>Whereas, the laws now in force are inadequate for the protection of game in this State, therefore a public necessity exists, and this law shall shall take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 11, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXIX.</head>
<opener>
<salute>An Act to amend Chapter XCIII of the Acts of</salute>
</opener>
<opener>
<salute>1881 entitled An Act to amend section 46 of an act to encourage stock<pc force="weak">-</pc><lb break="no" />raising and to protect stockraisers approved April 22nd 1879, and amended April 4th 1881.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That section 46 of the above recited act shall hereafter read as follows.</p>
<p>Sec. 46. That the counties of Anderson, Austin, Angelina, Bowie, Brazos, Burleson, Bastrop, Camp, Cass, Chambers, Cherokee, Collin, Colorado, Cooke, Dallas, Delta, Denton, Ellis, Fannin, Franklin, Free<pc force="weak">-</pc><lb break="no" />stone, Falls, Galveston, Goliad, Grayson, Gregg, Grimes, Hardin, Har<pc force="weak">-</pc><lb break="no" />rison, Henderson, Hill, Hunt, Jackson, Jasper, Jefferson, Johnson, Kauf<pc force="weak">-</pc><lb break="no" />man, Lamar, Lee, Leon, Liberty, Madison, Marion, Montgomery, Mor<pc force="weak">-</pc><lb break="no" />ris, Nacogdoches, Kewton, Orange, Panola, Parker, Polk, Rains, Red River, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Tarrant, Titus, Trinity, Tyler, Upshur, Van Zandt, Walker, Washington, Wise, Wood, Calhoun and Victoria, Wheeler, Old<pc force="weak">-</pc><lb break="no" />ham, Donley and the unorganized counties attached to Wheeler, Oldham and Donley counties, Hidalgo and Starr are hereby exempted from the operations of this act and the provisions of the same shall in no wise re<pc force="weak">-</pc><lb break="no" />late or apply to the aforesaid counties&#8212;provided that in those counties<pb n="386" ed="gammelslawsoftexas" /><pb ed="unknown" n="80" /><fw type="header" place="top">Laws of the State of Texas.</fw>bordering on the lines of the State except those bordering on Red River whether organized or unorganized the Governor shall appoint an in<pc force="weak">-</pc><lb break="no" />spector whose duty it shall be to inspect under the provisions of this act: all stock about to be driven or shipped out of the State or in any other county exempt from the operations of this act where there is a depot or place for the shipment of cattle provided that such cattle shall not be subject to inspection on board of any railroad unless the same have been placed on board of such train for the purpose of evading the provisions of this act&#8212;and provided further that the counties of Limestone, Mc<pc force="weak">-</pc><lb break="no" />Lennan, Bell, Calhoun, Navarro, Hood, Houston, Somerville, Bosque, Austin, Jackson, and Victoria shall be exempt from all laws regulating inspection of hides and provided further that the Governor is hereby authorized and required to appoint one inspector of hides and animals for Harris county who shall hold his office until the next general election and until his successor shall be elected and qualified.</p>
<closer>
<dateline>Approved <date>April 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXX.</head>
<opener>
<salute>An Act to amend an Act to adopt and establish the Revised Civil Statutes of the State of Texas by adding thereto Article 4420a.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That article 4420a be added to the Revised Civil Statutes as follows:</p>
<p>Article 4420a. Whenever it is necessary to drain the water from any public road, the overseer shall cut a ditch for that purpose, having due regard to the natural water flow, and with as little injury as possi<pc force="weak">-</pc><lb break="no" />ble to the adjacent land owner; provided, that in such cases the com<pc force="weak">-</pc><lb break="no" />missioners&#8217; court shall cause the damages to such premises to be assessed and paid out of the general revenues of the county, and in case of disa<pc force="weak">-</pc><lb break="no" />greement between the commissioners&#8217; court and such owner, the same may be settled by suit as in other cases.</p>
<p>Sec. 2. Whereas there is no law in force conferring on overseers the authority to drain the water from the public roads, and this session of the Legislature is near its close, there is an emergency for the imme<pc force="weak">-</pc><lb break="no" />diate passage of this act and an imperative public necessity for the sus<pc force="weak">-</pc><lb break="no" />pension of the constitutional rule requiring bills to be read on three sev<pc force="weak">-</pc><lb break="no" />eral days, which rule is suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXXI.</head>
<opener>
<salute>An Act to amend Article 722, Chapter 8, Title 17 of the Penal Code of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 722, Chapter 8, Title 17 of the Penal Code of said State be and is hereby amended so as to read as follows.</p>
<pb n="387" ed="gammelslawsoftexas" /><pb ed="unknown" n="81" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Article 722. If any person by assault or violence or by putting in fear of life or bodily injury, shall fraudulently take from the person or pos<pc force="weak">-</pc><lb break="no" />session of another any property with intent to appropriate the same to his own use, he shall be punished by confinement in the penitentiary for life or for a term not less than five years; and when the offense is com<pc force="weak">-</pc><lb break="no" />mitted by two or more persons acting together, and a fire arm or other deadly weapon is used or exhibited by either of them in the commission of the offense the person or persons so using or exhibiting the fire arm or other deadly weapon, shall be punished by imprisonment in the peniten<pc force="weak">-</pc><lb break="no" />tiary for life or for a term not less than five years.</p>
<closer>
<dateline>Approved <date>April 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXXII.</head>
<opener>
<salute>An Act to amend Chapter 4 Title 12 of the Penal Code by adding thereto Articles 403a, 403b, and 403c.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Chapter 2 Title 8 of the Penal Code be amended by adding thereto the following articles to-wit:</p>
<p>Article 403a. Any person detained at any quarantine station, who shall willfully absent himself without leave of the officer having charge thereof, shall be deemed guilty of a misdemeanor, and on conviction thereof by any court of competent jurisdiction, shall be punished by a fine of not less than ten dollars nor more than one thousand dollars.</p>
<p>Article 403b. Any health officer, guard or other employe who shall knowingly and wilfully disobey or in any manner knowingly neglect or fail to perform any duty imposed upon ham by the provisions of quaran<pc force="weak">-</pc><lb break="no" />tine laws, rules and regulations of this State or who shall disobey know<pc force="weak">-</pc><lb break="no" />ingly an order emanating from superior authority shall be fined upon conviction by a court of competent jurisdiction in a sum not exceeding one thousand dollars; provided, that in the meaning of this article the Governor and State Health Officer shall alone be deemed superior au<pc force="weak">-</pc><lb break="no" />thority.</p>
<p>Article 403c. Any person coming from any port or district infected with yellow fever, or any other infections or contagions disease, who shall knowingly evade any guard or pass through any cordon of quaran<pc force="weak">-</pc><lb break="no" />tine duly established, shall be deemed guilty of a misdemeanor, and upon conviction by any court of competent jurisdiction be punished by fine not exceeding one thousand dollars.</p>
<p>Sec. 2. There being no provision of the Penal Code providing ade<pc force="weak">-</pc><lb break="no" />quate punishment for violations of the quarantine laws, rules or regula<pc force="weak">-</pc><lb break="no" />tions, therefore an imperative public necessity and an emergency exist for the suspension of the constitutional rule requiring bills to be read on three several days, and that this act should take effect from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<pb n="388" ed="gammelslawsoftexas" /><pb ed="unknown" n="82" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LXXXIII.</head>
<opener>
<salute>An Act to authorize the Commissioner of the General Land Office to issue patents now suspended for want of reports of County Clerks.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the Commissioner of the General Land Office is hereby authorized and required to issue patents to lands that have heretofore been surveyed and returned to the General Land Office and have been suspended be<pc force="weak">-</pc><lb break="no" />cause the clerks of the county courts have failed to make reports as re<pc force="weak">-</pc><lb break="no" />quired by law, when said Commissioner is satisfied from evidence in his office that such patents should issue.</p>
<p>Sec. 2. Whereas the archives of some counties in this State have been lost or destroyed, and by reason of such loss or destruction, no report can be made by the clerks of said courts as required by law, and whereas the Commissioner of the General Land Office has suspended the issuance of patents for want of such reports, therefore an emergency and an imper<pc force="weak">-</pc><lb break="no" />ative public necessity exists, that the constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXXIV.</head>
<opener>
<salute>An Act to amend section 7 of an act entitled &#8220;An Act to give effect to section 2 article 9 of the Constitution regu<pc force="weak">-</pc><lb break="no" />lating the manner of removing and locating county seats and to pro<pc force="weak">-</pc><lb break="no" />vide for the location of county seats in organized counties, where no county seat has been created by existing law,&#8221; approved April 10th 1879.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That section 7 of an act entitled &#8220;An Act to give effect to section 2 arti<pc force="weak">-</pc><lb break="no" />cle 9 of the Constitution regulating the manner of removing and locating county seats, and to provide for the location of county seats in organ<pc force="weak">-</pc><lb break="no" />ized counties where no county seat has been created by existing law&#8221; ap<pc force="weak">-</pc><lb break="no" />proved April 10th 1879, be so amended so as to read as follows:</p>
<p>Section 7. That in the organization of any county or counties now existing or hereafter to be created by the Legislature, it shall be the duty of the county judge holding the election in such new county for county officers thereof, to order an election for the location of a county seat therein, which shall be conducted in the same manner regulating the election of the officers of such new county, and the place receiving a ma<pc force="weak">-</pc><lb break="no" />jority of all the votes cast by the electors voting on the location of such county seat, shall thereafter be the county seat of such county, subject to be removed as other county seats: provided, that when any county has been organized and no county seat has been located, the county judge of such county shall order an election for the location of a county seat.</p>
<closer>
<dateline>Approved <date>April 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<pb n="389" ed="gammelslawsoftexas" /><pb ed="unknown" n="83" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LXXXV.</head>
<opener>
<salute>An Act to amend Article 1056, Chapter 2 Title 15 of the Code of Criminal Procedure.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 1056, Chapter 2, Title 15 of the Code of Criminal Proced<pc force="weak">-</pc><lb break="no" />ure, be amended so as to read as follows:</p>
<p>Article 1056. The clerk of the district court shall receive for each felony case tried in such court by jury, whether the defendant be con<pc force="weak">-</pc><lb break="no" />victed or acquitted, the sum of ten dollars: for each transcript on appeal ten cents for each one hundred words: for each felony case finally dis<pc force="weak">-</pc><lb break="no" />posed of without trial five dollars: provided, that in felony cases where the fees for the work done by the clerk in any case estimated according to the schedule of fees provided in article 1093 of the Code of Criminal Procedure, shall exceed the amount herein allowed he shall receive one<pc force="weak">-</pc><lb break="no" />half the excess to be paid by the State; provided further, that when a felony case is removed form a. court by change of venue, the clerk thereof shall receive from the State one half of his fees estimated as aforesaid, for work done in the case before such removal: but in all such cases the clerk shall attach to his account, to form a part thereof, an exhibit setting forth each item charged supported by his affidavit that the same is cor<pc force="weak">-</pc><lb break="no" />rect: provided further, that when there are two or more defendants in the same indictment, the entire costs up to the time of trial, shall be distributed amoung them equally, and in ascertaining the excess only a pro rata share shall be charged against each defendant.</p>
<p>Sec. 2. That all laws and parts of laws in conflict with the provisions of this act are hereby repealed.</p>
<p>Sec. 3. Whereas the district clerks in this State are now in many in<pc force="weak">-</pc><lb break="no" />stances receiving compensation in felony cases wholly inadequate for the services performed therefore an emergency exists that this act take effect from its passage, and at is so enacted.</p>
<closer>
<dateline>Approved <date>April 12, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXXVI.</head>
<opener>
<salute>An Act to amend sections one, two and nine of an act entitled An Act to amend an act entitled &#8220;An Act creating the office of Public Weigher, and regulating the appointment, and defining the duties and liabilities thereof,&#8221; approved April 19th, 1879.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That sections one, two and nine of the above named act be and the same are hereby so amended that they shall hereafter read as follows:</p>
<p>Section 1. That the Governor is hereby authorized and required to appoint five competent persons as Public Weighers in every city which receives annually, over one hundred thousand bales of cotton on sale, or for shipment. In all cities or towns or railroad stations, which receive annually less than one hundred thousand bales of cotton, the county com<pc force="weak">-</pc><lb break="no" />missioners&#8217; courts of the counties in which said cities and towns or rail<pc force="weak">-</pc><lb break="no" />road stations are situated, should the commissioners&#8217; court deem the same<pb n="390" ed="gammelslawsoftexas" /><pb ed="unknown" n="84" /><fw type="header" place="top">Laws of the State of Texas.</fw>necessary to protect the sellers; may order an election, at which all the qualified voters of the county may vote for one or more Public Weighers, provided, that the county commissioners court may provide by appoint<pc force="weak">-</pc><lb break="no" />ment, for cotton weighers, to hold office until the next general election, and until their successors are qualified, provided that if any election is held under the provisions of this act before the next general election, the terms of office of those so elected, shall expire at the next general elec<pc force="weak">-</pc><lb break="no" />tion, or so soon thereafter as their successors are elected and qualified; provided that in towns, and at railroad stations outside of county seats, the county commissioners&#8217; court may appoint one or more Public Weighers; provided, nothing herein contained shall be construed so as to prevent any other person from weighing cotton, wool or hides when re<pc force="weak">-</pc><lb break="no" />quested so to do by the owner or owners thereof. All Public Weighers shall hold their offices for two years, and until their successors are ap<pc force="weak">-</pc><lb break="no" />pointed or elected as the case may be and qualified, subject to removal for misconduct or incompetency an office; provided, that no person shall be appointed a public weigher who is in any wise interested in the purchase or sale of cotton, wool, sugar or hides, received to be weighed, either as principal, agent, factor, commission merchant or employee.</p>
<p>Sec. 2. Section two of said act shall hereafter read as follows:</p>
<p>Section 2. Every person so appointed before entering upon the du<pc force="weak">-</pc><lb break="no" />ties of his office shall take and subscribe an oath faithfully and impar<pc force="weak">-</pc><lb break="no" />tially to administer the duties of his office, he shall also execute a bond with good and sufficient sureties in the sum of ten thousand dollars pay<pc force="weak">-</pc><lb break="no" />able to the county judge of the county in which the appointment is made, and his successors in office, conditioned for the faithful performance of his official duties; provided that in cities or towns receiving for sale or shipment less than twenty-five thousand bales of cotton or sacks of wool, the bond of Public Weighers shall be two thousand dollars.</p>
<p>Sec. 3. Section nine of said act shall hereafter read as follows:</p>
<p>Section 9. Any Public Weigher who shall violate any of the provis<pc force="weak">-</pc><lb break="no" />ions of this act, or fail to comply with any of such provisions, shall be lia<pc force="weak">-</pc><lb break="no" />ble at the suit of any person injured, upon his bond for damages that may have accrued to such person by such violation or failure, and may also be removed from office by the commissioners<sup>&#8217;</sup> court upon satisfactory evi<pc force="weak">-</pc><lb break="no" />dence being furnished of his misconduct or incompetency; provided, that such Public Weigher shall have five days notice to appear before said court and offer testimony in his behalf.</p>
<closer>
<dateline>Approved <date>April 12, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXXVII.</head>
<opener>
<salute>An Act to be entitled An Act to repeal so much of an Act entitled &#8220;An Act to diminish the civil and criminal jurisdiction of the county courts of Matagorda, Camp, Houston, Kerr, Mason, San Patricio, Live Oak, Donley, Young, Comal, Wilson and Atascosa passed at the present session of the Eighteenth Legislature as relates to the county of Houston.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That so much of an Act entitled &#8220;An Act to diminish the civil and crimi<pc force="weak">-</pc><lb break="no" />nal jurisdiction of the county courts of Matagorda, Camp, Houston, Kerr,<pb n="391" ed="gammelslawsoftexas" /><pb ed="unknown" n="85" /><fw type="header" place="top">Laws of the State of Texas.</fw>Mason, San Patricio, Live Oak, Donley, Young, Comal, Wilson and Atas<pc force="weak">-</pc><lb break="no" />cosa, passed at the present session of the Eighteenth Legislature as re<pc force="weak">-</pc><lb break="no" />lates to the county of Houston, be and the same is hereby in all things re<pc force="weak">-</pc><lb break="no" />pealed.</p>
<p>Sec. 2. Whereas the crowded condition of the docket of the district court of said county, and the near approach of the close of this session creates an emergency and imperative public necessity that the constitu<pc force="weak">-</pc><lb break="no" />tional rule requiring bills to be read on three several days be suspended and that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 13. 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER LXXXVIII.</head>
<opener>
<salute>An Act to provide for the classification, sale and lease of the lands heretofore or hereafter surveyed and set apart for the benefit of the Common School, University, the Lunatic, Blind, Deaf and Dumb and Orphan asylum funds.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That all lands heretofore or hereafter surveyed and set apart for the ben<pc force="weak">-</pc><lb break="no" />efit of the Common School, University, the Lunatic, Blind, Deaf and Dumb and Orphan asylum funds may be sold and leased as hereinafter provided.</p>
<p>Sec. 2. There shall be and is hereby created a State Land Board which shall be composed of the Governor, Attorney General, Comptroller, Treasurer and Commissioner of the General Land Office, who shall exer<pc force="weak">-</pc><lb break="no" />cise the powers and perform the duties hereinafter prescribed.</p>
<p>Sec. 3. The said State Land Board shall, under such regulations as they may prescribe, cause the said land to be classified into agricultural, pasture and timber lands and ascertain which tracts have permanent water on them, or bordering on them and cause a tabulated statement of the land in each county to be made, showing the number of the survey, block, quantity in each survey name of company or individual to whom the certificate was granted, the value of the improvements and the owner and such other descriptions and information as may be deemed necessary, and a permanent record thereof shall be made and preserved in the Gen<pc force="weak">-</pc><lb break="no" />eral Land Office, and a copy of such record relating to a county shall be forwarded to the surveyor of such county or land district in which the land is situated; but nothing herein shall be construed to require any further classification of such of said lands as have already been classified, unless the State Land Board shall believe that the same is necessary to ascertain the true value or class of such land.</p>
<p>Sec. 4. Said land shall, in no case be sold for less than two dollars per acre for surveys of land without water on them or bordering on them, nor for less than three dollars per acre for land with permanent water on them or bordering on them, nor less than five dollars per acre for land having timber thereon suitable for lumber, nor for less than two dollars per acre for land having timber thereon not suitable for lumber and classed as timbered lands.</p>
<p>Sec. 5. Any actual settler upon any land included in this act who is now and was an actual settler in good faith on the first day of Janu<pc force="weak">-</pc><lb break="no" /><pb n="392" ed="gammelslawsoftexas" /><pb ed="unknown" n="86" /><fw type="header" place="top">Laws of the State of Texas.</fw>ary A. D. 1883, shall have the right, for a period of six months from the time the land shall be placed upon the market for sale, to purchase not less than one hundred and sixty acres nor more than six hundred and forty acres of the land so settled upon, at the minimum price fixed by this act, and on the terms and rate of interest fixed by this act; provided, however, that any actual settler in good faith upon any lands in any county which have been appraised by the proper surveyor, and such ap<pc force="weak">-</pc><lb break="no" />praisement has been approved by the commissioners&#8217; court of the proper county, in accordance with the provisions of sections two and three of the act approved April 6, A. D. 1881, concerning the sale of alternate sections of school lands in organized and unorganized counties of this State, and such appraisement has been filed in the General Land Office, but which lands have or have not been placed upon the market under such appraisement, shall be permitted to purchase not less than one hun<pc force="weak">-</pc><lb break="no" />dred and sixty acres (unless there is a fraction of less than one hundred and sixty acres now existing) nor more than six hundred and forty acres of the land upon which they have settled (to include their improve<pc force="weak">-</pc><lb break="no" />ments), at the price per acre fixed by such appraisement; but shall be re<pc force="weak">-</pc><lb break="no" />quired to pay the rate of eight per cent interest, as fixed by said act of April 6 A. D. 1881, and shall be permitted to pay all or any part of the purchase money thereof at any time. Such purchaser shall, in all other respects, conform to the provisions of this act; provided, however, that any such person desiring to purchase any of said lands so appraised, shall within six months from the time this act takes effect, file in the General Land Office his application to purchase said land describing it, and on payment of one thirtieth of the purchase money and one year&#8217;s interest, and forwarding his affidavit stating that he is and was, on the first day of January, A. D. 1883, an actual settler in good faith upon said land, and that he settled on it with a view to purchase it, together with the affidavit of at least two credible citizens of his county showing that such applicant is and was a settler in good faith upon said land; pro<pc force="weak">-</pc><lb break="no" />vided, however, that such land having timber thereon suitable for lumber or shingles, and chiefly valuable on that account, shall be sold for cash only, and may be purchased in quantities of not less than eighty acres nor more than three hundred and twenty acres; and provided further that other timbered lands may be purchased at two dollars per acre; and provided further, that no preference in the right of purchase given by this or any other section of this bill shall extend to or include any min<pc force="weak">-</pc><lb break="no" />erals, but the same shall remain the property of the respective funds to which said lands belong.</p>
<p>Sec. 6. The lands, when placed upon the market, shall be sold in the county or land district in which it is situated, by such authority and un<pc force="weak">-</pc><lb break="no" />der such system of competition as may be prescribed by said Land Board; provided, that no person, either in person or by an agent, shall purchase from the State more than one section of land classed as agricultural land, or as watered land, and seven sections of unwatered pasture land; provi<pc force="weak">-</pc><lb break="no" />ded, the board may, in their discretion, require the purchaser of any par<pc force="weak">-</pc><lb break="no" />ticular section of watered pasture land to take with the same such a num<pc force="weak">-</pc><lb break="no" />ber of dry sections as they may designate, not to exceed seven sections: and every attempt to evade the limitation of this act as to the amount or class of land one may purchase, by any device whatever, shall be deemed fraudulent, and the fraud may be shown and the purchase cancelled by the State within one year from the date of sale; provided, that the agri<pc force="weak">-</pc><lb break="no" />cultural lands shall be sold only to actual settlers: and provided further,<pb n="393" ed="gammelslawsoftexas" /><pb ed="unknown" n="87" /><fw type="header" place="top">Laws of the State of Texas.</fw>that no person shall be permitted to purchase more than three sections of six hundred and forty acres within five miles of the geographical centre of any county. No corporation shall be permitted to acquire title to more than one section of land in any one county.</p>
<p>Sec. 7. Until otherwise prescribed by the board, the land shall be placed upon the market in the following manner: when the tabulated statement shall have been forwarded to the surveyor of the county or land district and the board shall have designated some one to represent the State in the disposition of the land in such county or land district and notice of such facts shall under direction of the board, have been published in not more than three newspapers of the State, and shall have been published under the direction of the person authorized to sell, for thirty days in the section where the land is situated, the lands of such county or land district shall be considered upon the market for sale, and the person designated to represent the State shall receive bids for the same.</p>
<p>Sec. 8. The person desiring to purchase any of said lands shall file his application with the person authorized to sell, designating the particular section, or tract less than a section, which he desires to purchase and ac<pc force="weak">-</pc><lb break="no" />company it with a sufficient sum of money to pay for advertising the bid in such manner as may be prescribed by the board, and on the first Tuesday of the month designated in the advertisement, and after at least twenty days notice, the person having authority shall sell the same to the highest and best bidder, at the court house of the county in which it is situated if in an organized county or if an unorganized county at the court house door of the county to which it is attached for surveying pur<pc force="weak">-</pc><lb break="no" />poses. The application shall be considered the first bid unless raised be<pc force="weak">-</pc><lb break="no" />fore offered at public outcry, and any one desiring to raise the bid may do so by notifying the seller in writing at any time before it is put up at public out cry or orally at the public auction. No bid shall be received at a less sum than the minimum price fixed by law, nor shall any fraction of less than one hundred and sixty acres be left by such sale, nor shall any fraction of less than three hundred and twenty acres be divided: nor shall such section be divided into Other than half a quarter section. Should the person advancing the sum of money for advertising the bid as above provided, not become the purchaser of the land bid for, said money shall be returned to him and collected from the purchaser: pro<pc force="weak">-</pc><lb break="no" />vided that no sale of agricultural land shall be perfected until the pro<pc force="weak">-</pc><lb break="no" />posed purchaser files an affidavit that he intends that the land shall be actually settled within six months: and in case of failure to settle the same within that time, the proposed purchaser shall forfeit the money already paid on the land.</p>
<p>Sec. 9. The purchaser shall at once pay to the person selling for the State, or to the State Treasurer, as the board may determine, and within such time as it may fix one-thirtieth of the amount bid, and execute his obligation for the remainder of the purchase money, payable to the State of Texas, and binding the purchaser to pay one-thirtieth of the whole price on the first day of each succeeding year until the whole is paid, and interest at the rate of five per cent per annum on the whole unpaid purchase money from date, payable annually on or before the first of March of each year; and, provided, that after the expiration of seven years, the purchaser shall have the option to pay the unpaid principal, and providing that a failure to pay the annual installments of principal shall not work a forfeiture until the whole sum is due; provided, that upon<pb n="394" ed="gammelslawsoftexas" /><pb ed="unknown" n="88" /><fw type="header" place="top">Laws of the State of Texas.</fw>proof of actual occupancy, use and improvements for three consecutive years, the purchaser shall be permitted to pay all of the purchase money remaining unpaid; provided further, that any person acting as agent or attorney for another in the purchase of any of said lands shall file with the person authorized to sell a legally executed power of attorney from his principal, or other instrument of writing from a court of competent authority to invest him with powers to consummate a contract.</p>
<p>Sec. 10. If upon the first day of March of any year the interest due remains unpaid the custodian of the obligation of the purchaser shall en<pc force="weak">-</pc><lb break="no" />dorse on it &#8220;lands forfeited,&#8221; and the account kept with the purchaser shall show such failure to pay and such forfeiture; the failure to pay the interest shall ipso facto work a forfeiture and the entry on the account shall be evidence of the fact, and there shall be no necessity for judicial ascertainment of the facts of the forfeiture: and no defaulting purchaser or those claiming under him, shall evade or avoid the effect of such for<pc force="weak">-</pc><lb break="no" />feiture at once by reason of any statute or law, which for coverture in<pc force="weak">-</pc><lb break="no" />fancy or the like would otherwise give them additional time for payments or action, except as follows: Should any purchaser die, the representa<pc force="weak">-</pc><lb break="no" />tive or heirs of the deceased shall have one year within which to pay the interest due on the first of March next after such death.</p>
<p>Sec. 11. The person authorized to make sales shall receive such obli<pc force="weak">-</pc><lb break="no" />gations for the State and account for the money and notes received by him at such times and in such manner as may be prescribed by the board.</p>
<p>Sec. 12. That in case any purchaser desires to sell the land purchased by him, he may do so after his first payment and in case of such sale, his vendee shall file in the office of the custodian of the original obligation of his vendor, a properly authenticated transfer signed by said vendor and vendee, duly acknowledged and recorded, in the proper county, and said vendee shall thereby assume the obligation and be liable to the penalties imposed upon the original purchaser, and said original purchaser shall thereby be relieved from any further liability upon his obligation.</p>
<p>Sec. 13. Upon payment of all the purchase money and interest upon notes given for the land under this act the Commissioner of the General Land Office shall issue a patent to the purchaser, or his assigns, or heirs, upon payment of the fees prescribed by law; provided, that no patent so issued shall include more than six hundred and forty acres, nor shall it contain portions of any other sections, provided further, that no patent shall issue to agricultural lands until proof of actual settlement shall be made in such manner as may be prescribed by the board.</p>
<p>Sec. 14. The minerals on all lands sold or leased under this act are reserved by the State for the use of the fund to which the land now be<pc force="weak">-</pc><lb break="no" />longs.</p>
<p>Sec. 15. The said Land Board shall cause the timber on the school land suitable for lumber or shingles to be sold at not less than five dol<pc force="weak">-</pc><lb break="no" />lars per acre, cash, no less than six hundred and forty acres shall be in<pc force="weak">-</pc><lb break="no" />cluded in one sale. The purchaser shall be required to remove the tim<pc force="weak">-</pc><lb break="no" />ber sold within a specified time, not exceeding four years. The board shall appoint such agents and make such regulations relating to the sale of said timber as may be necessary, in their judgment, to effect the ob<pc force="weak">-</pc><lb break="no" />ject herein sought. Land which has on it timber suitable for lumber and shingles shall not be sold except to actual settlers and at a price not less than five dollars per acre under such regulations as the board may prescribe in tracts of not less than one hundred and sixty acres nor more than six hundred and forty acres, the Land Board shall in every sale of<pb n="395" ed="gammelslawsoftexas" /><pb ed="unknown" n="89" /><fw type="header" place="top">Laws of the State of Texas.</fw>timber or timbered land where the timber is suitable for lumber or shin<pc force="weak">-</pc><lb break="no" />gles, make such provision in the sale as will protect the timber from trespass on adjacent land embraced by this act not sold; provided, that if any purchaser of said timbered land, before final and full payment, shall cut, sell or destroy or permit any one else to cut or destroy any more timber than is necessary in clearing and improving said lands, and for firewood and building purposes, he shall forfeit all claim to said land, and in case of any violation of this provision of this act it shall be the duty of the proper district or county attorney to institute suit in the dis<pc force="weak">-</pc><lb break="no" />trict court of the county in which the land is situated in the name of the State, against any such purchaser, to have such forfeiture duly adjudged and executed and a judgment entered for the State for such damages as may be established on the trial of said cause.</p>
<p>Sec. 16. Pasture lands or agricultural lands not timbered, may be leased in suitable quantities for stock and ranche purposes for not less than four cents per acre per annum and for periods not exceeding ten years, by such agents and under such regulations as the board may pre<pc force="weak">-</pc><lb break="no" />scribe. The regulations shall provide for competition. Leases shall be made in the localities where the land is situated. Where there is an ap<pc force="weak">-</pc><lb break="no" />plication for both sale and lease the sale shall have the preference.</p>
<p>Sec. 17. All lands leased shall remain subject to purchase for actual settlement in bodies not to exceed six hundred and forty acres; but be<pc force="weak">-</pc><lb break="no" />fore said purchaser shall be permitted to buy leased land he shall swear that he intends to actually settle on it and until he does actually settle, build and fence thereon the lessee shall remain in possession; provided, that when the lessee has but one watered section leased from the State in the same vicinity, such section shall not be subject to sale and settlement during the term of the lease; and provided further, that when a sale is made of leased land then the lessee shall be entitled to have a pro rata of any rent which he shall have paid in advance, refunded him by the Treas<pc force="weak">-</pc><lb break="no" />urer of the State upon warrant drawn by the Comptroller by order of the Land Board; provided, that no enclosure bordering on, along or across any stream of water shall be of a width of more than four miles and a space of at least forty yards shall be left open between all such enclosures.</p>
<p>Sec. 18. The said Land Board shall have the power to employ and dis<pc force="weak">-</pc><lb break="no" />charge such persons as may be necessary to enable them to cause this act to be efficiently executed, and fix their compensation and may delegate to them such powers as may be necessary to enable them to aid in carry<pc force="weak">-</pc><lb break="no" />ing out the provisions of this act. The expenses of selling and leasing the School, University or the Lunatic, Blind, Deaf and Dumb or Orphan Asylum lands shall be paid out of the proceeds of the sales and leases, except that paid by the purchaser under such regulations as the said board may prescribe.</p>
<p>Sec. 19. All laws and parts of laws in conflict herewith are hereby repealed.</p>
<p>Sec. 20. The fact that there is no law authorizing the sale and lease of the land herein for a sufficient price under fair competition, and the fact this measure may fail, if it is delayed to come up in regular order, creates an imperative public necessity and emergency that the rule re<pc force="weak">-</pc><lb break="no" />quiring this bill to be read on three several days be suspended; and that this act shall take effect from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 12, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<pb n="396" ed="gammelslawsoftexas" /><pb ed="unknown" n="90" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER LXXXIX.</head>
<opener>
<salute>An Act to amend Article 787, Title 23, of the Revised Civil Statutes of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 787, Title 23, of the Revised Civil Statutes of the State of Texas shall hereafter read as follows:</p>
<div3 type="section">
<head type="main">Gillespie Co.</head>
<p>Article 787. Beginning at a point on the dividing line between the old counties of Bexar and Travis, lying eighteen thousand varas (18,000) south seventeen degrees west, from where said line crosses the Perdi<pc force="weak">-</pc><lb break="no" />nales river; thence due north with the line of Blanco county to the south line of Llano county, being a line running due west from a point five miles due south of the mouth of Sandy creek; thence due west with said line and the south line of Mason co. seventy-seven thousand varas; thence due south to a point lying due west from the beginning; thence due east seventy-seven thousand varas to the beginning.</p>
<p>Sec. 2. The near approach of the close of the present session of the Legislature, and the fact that under the existing law the courts of Gil<pc force="weak">-</pc><lb break="no" />lespie county outside of the limits of said county, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and it is hereby so suspended, and that this act take effect and be in force from and after its passage; and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 13, 1883.</date></dateline>
</closer>
</div3>
<div3 type="addendum">
<p>Takes effect from passage.</p>
</div3>
</div2>
<div2 type="act">
<head type="main">CHAPTER XC.</head>
<opener>
<salute>An Act to amend an act to prescribe the times of hold<pc force="weak">-</pc><lb break="no" />ing the District Courts in the ninth judicial district, approved April 9th, A. D. 1879.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the District Courts of the counties embraced in the ninth judicial district of the State of Texas shall be hereafter held as follows: In the county of Robertson on the first Monday in January and the first Mon<pc force="weak">-</pc><lb break="no" />day in June, and may continue in session eight weeks: In the county of Brazos on the first Mondays in March and September, and may continue in session six weeks. In the county of Milam on the third Monday in April and may continue in session six weeks, and on the third Monday in October and may continue in session seven weeks.</p>
<p>Sec. 2. The near approach of the close of the session creates an im<pc force="weak">-</pc><lb break="no" />perative public necessity that the rule requiring bills to be read on three several days be suspended, and it is suspended, and the accumulation of business on the docket of the District Court of Milam county creates an emergency that this bill take effect and be in force from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 13, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<pb n="397" ed="gammelslawsoftexas" /><pb ed="unknown" n="91" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER XCI.</head>
<opener>
<salute>An Act to amend Article 1639 of the Revised Civil Statutes of the State of Texas, adopted by regular session of the Sixteenth Legislature.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 1639 of said Revised Civil Statutes be, and the same is, hereby amended so that it shall hereafter read as follows, to-wit:</p>
<p>&#8220;Article 1639. The party appealing, his agent or attorney, shall, within ten days from the date of the judgment, file with the justice a bond, with two or more good and sufficient sureties, to he approved by the justice, in double the amount of the judgment, payable to the appel<pc force="weak">-</pc><lb break="no" />lee, conditioned that the appellant shall prosecute his appeal to effect, and shall pay off and satisfy the judgment which may be rendered against him on such appeal. When such bond has been filed with the justice the appeal shall be held to be thereby perfected: but if, upon the call of the docket upon appearance day in the court, to which the appeal is taken, the appellee fails to appear in person, or by attorney, the case shall be continued, unless it is shown to the court that notice of the ap<pc force="weak">-</pc><lb break="no" />peal has been given as hereinafter provided; and no judgment by default shall at any time be rendered against an appellee whose appearance has not been entered in the case, unless and until it is made to appear to the court that notice in writing of such appeal has been served upon the ap<pc force="weak">-</pc><lb break="no" />pellee, his agent or attorney, at least five days before the first day of the term at which such judgment by default is sought to be taken. Such notice may be signed by the clerk of the court, or by the appellant, his agent or attorney, and may be served by the sheriff or any constable of the county, or by any other person competent to make oath of the fact; and the service shall be made by the delivery of a copy thereof to the appellee, his agent or attorney: and such service shall be evidenced by the return thereon of the officer executing the same, or by the oath of such other competent person indorsed thereon and filed with the papers in the case.&#8221;</p>
<closer>
<dateline>Approved <date>April 13, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XCII.</head>
<opener>
<salute>An Act to restore to and confer upon the county court of Titus county the criminal jurisdiction heretofore belonging to it under the Constitution and general statutes of the State and to conform the jurisdiction of the district court of said county to such change.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the county court of Titus county shall hereafter have exclusive or<pc force="weak">-</pc><lb break="no" />iginal jurisdiction of all misdemeanors, except misdemeanors involving official misconduct, and except cases in which the highest penalty of fine that may be imposed under the law may not exceed two hundred dollars, and said court shall also have appellate jurisdiction in criminal cases of which justices of the peace, and other inferior tribunals, of said county have original jurisdiction.</p>
<p>Sec. 2. Said county court shall have jurisdiction in the forfeiture and<pb n="398" ed="gammelslawsoftexas" /><pb ed="unknown" n="92" /><fw type="header" place="top">Laws of the State of Texas.</fw>judgment of all bonds and recognizances taken in criminal cases, of which criminal cases said court has jurisdiction, and shall have power to issue all writs necessary to the enforcement of the jurisdiction of said court, and shall also have power to issue writs of habeas corpus in all cases in which the Constitution has not conferred the power on the dis<pc force="weak">-</pc><lb break="no" />trict courts or the judges thereof.</p>
<p>Sec. 3. The district court of said county of Titus shall no longer have jurisdiction of cases of which the county court of said county, by the provisions of this act, has original or appellate jurisdiction. And it shall be the duty of the district clerk of said county, within twenty days after the passage of this act, to make a full and complete transcript of all orders on the docket of the said district court, in cases now pending be<pc force="weak">-</pc><lb break="no" />fore said district court, of which cases, by the terms of this act, exclusive jurisdiction is given to the county court, and to deliver said transcript, together with the original papers and a certified bill of costs in each case to the county clerk of said county, and said county clerk shall enter said cases on his docket for trial by said county court.</p>
<p>Sec. 4. The county court of said county shall hereafter hold its reg<pc force="weak">-</pc><lb break="no" />ular terms for criminal business as provided in the Constitution and gen<pc force="weak">-</pc><lb break="no" />eral laws of the State, and all process heretofore issued from the district court of said county in cases to be transferred under this act, to the county court shall be returnable to the first term of the proper county court, and all cases so transferred shall be entered upon the docket of the said county court.</p>
<p>Sec. 5. That the short period of time now remaining before the expi<pc force="weak">-</pc><lb break="no" />ration of the present session of the Eighteenth Legislature creates the necessity for suspending the constitutional rule requiring all bills to be read on three several days in each house, such rule is accordingly sus<pc force="weak">-</pc><lb break="no" />pended, that this bill may be read a third time and placed upon its final passage, and it is hereby so enacted.</p>
<closer>
<dateline>Approved <date>April 13, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XCIII.</head>
<opener>
<salute>An Act to amend an act amendatory of Title 83 and of the supplement thereto of the Revised Civil Statutes approved February 28, 1883.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 4090i of the Revised Civil Statutes be so amended as to hereafter read as follows:</p>
<p>Article 4090i. All the costs and expenses of enforcing and main<pc force="weak">-</pc><lb break="no" />taining the general quarantine, or such as are ordered by the Gover<pc force="weak">-</pc><lb break="no" />nor or State Health officer, shall be paid out of the fund appropriated for quarantine purposes. All regular quarantine officers shall be ap<pc force="weak">-</pc><lb break="no" />pointed and commissioned by the Governor of the State, and all health authorities of the State or of any county or city thereof, shall obey the rules and regulations prescribed by the Governor or State Health officer. The regular officer in charge of regularly established quarantine stations on the coast, shall be allowed ten dollars per day while on duty; tempo<pc force="weak">-</pc><lb break="no" />rary officers or those commissioned by the Governor to guard against threatened epidemics,or those temporarily assigned to duty by the Health<pb n="399" ed="gammelslawsoftexas" /><pb ed="unknown" n="93" /><fw type="header" place="top">Laws of the State of Texas.</fw>Officer of the State, under the provisions of Article 4090 of this Title, shall be allowed and paid five dollars per day, and such other pay for extra expenses actually incurred, as may be deemed just by the Gover<pc force="weak">-</pc><lb break="no" />nor and State Health officer. All quarantine officers whether of towns, cities, counties, or State, shall be authorized to administer oaths to any person or persons suspected of violating any quarantine regulations, and any person or persons swearing falsely shall be punished according to the provisions of the Penal Code.</p>
<p>Sec. 2. The near approach or the close or the session of the Legisla<pc force="weak">-</pc><lb break="no" />ture and the importance of an efficient quarantine service, creates an emergency and public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 13, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XCIV.</head>
<opener>
<salute>An Act making appropriations for deficiencies in the appropriations heretofore made for payment of expenses in sup<pc force="weak">-</pc><lb break="no" />port of the Government, from March 1st, 1882, to February 28th, 1883, being for payment for claims registered in the Comptroller&#8217;s Office, in accordance with law, and for outstanding claims not regis<pc force="weak">-</pc><lb break="no" />tered, and other deficiencies.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the following sums, or so much thereof as may be necessary, be and the same are hereby appropriated out of any moneys in the Treasury not otherwise appropriated, for deficiencies in the appropriations hereto<pc force="weak">-</pc><lb break="no" />fore made, for payment of expenses in support of the Government from March 1st, 1882, to February 28th, 1883, being for payment of claims registered in the Comptroller&#8217;s office, in accordance with law, and for outstanding claims not registered, and other deficiencies:</p>
<div3 type="section">
<head type="main">Deficiency for Quarantine Services.</head>
<p>To pay citizens of, or the counties of Hidalgo, Starr, Came<pc force="weak">-</pc><lb break="no" />ron, Orange, Matagorda, Brazoria, Aransas and other counties and Pass Caballo and Brazos Santiago, for quarantine services, when approved by competent authority..........$18,759 53</p>
<p>To pay J. L. Daugherty for feeding detained prisoners under quarantine.......... 281 40</p>
<p>To pay M. A. Earl, a guard at quarantine station at Texar<pc force="weak">-</pc><lb break="no" />kana, Texas for the month of October A. D. 1879.......... 30 00</p>
<p>To pay Christian Hess.......... 32 62</p>
<p>To pay Duval county.......... 219 50</p>
<p>To pay Nueces county.......... 1,504 11</p>
</div3>
<div3 type="section">
<head type="main">To Pay the Public Debt of the Republic of Texas.</head>
<p>Geo. L. Hannisucker.......... $99 00</p>
<p>Isaac N. Mitchell.......... 15 75</p>
<p>Benjamin Cage.......... 29 25</p>
<pb n="400" ed="gammelslawsoftexas" /><pb ed="unknown" n="94" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Thomas Cooper.......... $104 25</p>
<p>W. W. Stuart.......... 47 25</p>
<p>Thomas Newcomb.......... 31 50</p>
<p>P. M. Bull.......... 50 00</p>
<p>Mrs. John Clark.......... 54 00</p>
<p>Alfred Swingla (balance due).......... 30 00</p>
<p>H. Journay.......... 29 25</p>
<p>Ed Mallock.......... 24 00</p>
<p>James Stribling.......... 31 50</p>
<p>William Hemphill (heirs).......... 35 00</p>
<p>John O. Barr.......... 14 00</p>
<p>Thos. W. Hunt.......... 15 75</p>
<p>To pay claims for services rendered for frontier defense, or as Texas soldiers prior to January 28th, 1861, the sum of 5,000 00</p>
</div3>
<div3 type="section">
<head type="main">Deficiencies for the Judiciary Service.</head>
<p>W. H. Andrews, special judge, Hunt county.......... $124 61</p>
<p>J. H. Henderson &#8220; &#8220; Cass &#8220;.......... 27 36</p>
<p>Wharton Branch &#8220; &#8220; Jefferson".......... 41 04</p>
<p>G. W. Pasco special judge Grayson county.......... 20 52</p>
<p>T. L. Nugent, district judge of the 30th judicial district, for three days&#8217; services as district judge, on February 26, 27 and 28, 1879.......... 20 50</p>
<p>To pay special judges not named........... 800 00</p>
<p>&#8220; &#8220; deficiency in lights and fuel for Supreme Court being amount of surplus in appropriation for Court of Commissioners of Appeals.......... 126 06</p>
<p>&#8220; &#8220; salaries of district attorneys for the year ending Feb<pc force="weak">-</pc><lb break="no" />ruary 28, 1883.......... 1,500 00</p>
<p>&#8220; &#8220; porter hire for Commissioners of Appeals at Galves<pc force="weak">-</pc><lb break="no" />ton.......... 30 00</p>
<p>For Court of Appeals at Austin, books and stationery.......... 159 80</p>
<p>&#8220; expenses of suit relating to title to certain land con<pc force="weak">-</pc><lb break="no" />nected with the A. and M. College now pending in the Supreme Court.......... 800 00</p>
</div3>
<div3 type="section">
<head type="main">Deficiencies for State Officers and Clerks&#8217; Salaries.</head>
<p>John S. Ford, Superintendent Deaf and Dumb Asylum.......... $300 00</p>
<p>W. W. Searcy, executive clerk.......... 675 00</p>
<p>W. M. Milby, &#8220; &#8220;.......... 20 92</p>
<p>J. W. Swindells, &#8220; &#8220;.......... 602 82</p>
<p>J. H. McLeary, salary Attorney General Jan l 1883, to Jan 10, 1883.......... 55 55</p>
<p>W. E. Saunders, Lunatic Asylum, balance of salary for year ending Feby 28, 1881.......... 373 33</p>
<p>To pay six temporary clerks in General Office.......... 1,350 00</p>
<p>&#8220; &#8220; O. M. Roberts, jr........... 1,190 06</p>
<p>&#8220; &#8220;H. L. Spain.......... 1161 67</p>
<p>&#8220; &#8220; W. A. Wortham, salary as Commissioner for apprais<pc force="weak">-</pc><lb break="no" />ing school timber lands.......... 166 65</p>
<p>&#8220; reimburse A. Bledsoe, for amount expended by him in defending the mandamus suit against him in the In<pc force="weak">-</pc><lb break="no" /><pb n="401" ed="gammelslawsoftexas" /><pb ed="unknown" n="95" /><fw type="header" place="top">Laws of the State of Texas.</fw>ternational Railroad cases, or to his heirs or legal rep<pc force="weak">-</pc><lb break="no" />resentatives upon satisfactory proof being made to the Comptroller, that the amount allowed has been ex<pc force="weak">-</pc><lb break="no" />pended.......... $1000 00</p>
<p>For S. N. Pickens, for services as Inspector and Guard for the East Texas Penitentiary, from Jan. 14, 1879, to April 7, 1879, in full payment.......... 207 50</p>
</div3>
<div3 type="section">
<head type="main">Deficiencies for Payment of Troops in Suppressing Riots.</head>
<p>Calvert City Guards.......... $39 00</p>
<p>Orange Rifles.......... 160 00</p>
<p>San Bernard Mounted Rifles.......... 36 00</p>
<p>Coke Guards.......... 170 00</p>
<p>Texas and Pacific Railroad, transportation.......... 150 80</p>
<p>Lamar Rifles.......... 224 20</p>
</div3>
<div3 type="section">
<head type="main">Deficiencies in Sheriffs&#8217; Claims.</head>
<p>To pay T. J. Hamm, sheriff of Van Zandt county, for con<pc force="weak">-</pc><lb break="no" />veying a felony convict from said county to the peniten<pc force="weak">-</pc><lb break="no" />tiary, and not paid for, upon proof that said convict was conveyed and delivered, and not paid for.......... $147 00</p>
<p>For H. C. Denny, in payment of claim of J. M. Kiser, sheriff of Bell county, for conveying convicts to the penitentiary from said county.......... 101 50</p>
<p>To pay costs to sheriffs, clerks and attorneys in district courts, on file with Comptroller.......... 15,000 00</p>
<p>&#8220; &#8220; Wm. Scanlon, sheriff of Cameron county, for carry<pc force="weak">-</pc><lb break="no" />ing prisoners to the penitentiary.......... 800 00</p>
<p>&#8220; &#8220; Wm. Scanlon, sheriff of Cameron county, expenses for capture of R. A. Blanford.......... 358 00</p>
<p>&#8220; &#8220; J. B. C. Harkness, sheriff of Frio county, for convey<pc force="weak">-</pc><lb break="no" />ing prisoners to penitentiary in 1879. 189 20</p>
<p>&#8220; &#8220; W. M. King, sheriff of Jack county, for conveying prisoners to penitentiary in 1881.......... 235 40</p>
<p>&#8220; &#8220; C. C. Dupree, sheriff of Franklin county, for convey<pc force="weak">-</pc><lb break="no" />ing prisoners to penitentiary in 1881.......... 80 00</p>
<p>&#8220; &#8220; W. E. Crosby, for fees due him for conveying pris<pc force="weak">-</pc><lb break="no" />oner, Bob Whitcher, from Red River to Wise county, on a charge of murder.......... 83 00</p>
<p>&#8220; &#8220; James W. Cobb the reward offered by the Governor for the capture of J. E. Bland, in 1879.......... 100 00</p>
<p>&#8220; &#8220; James H. Wren, ex-sheriff of Hays county, for ser<pc force="weak">-</pc><lb break="no" />vices performed in felony cases, as approved by L. W. Moore, judge of the fifteenth judicial district, on September 22, 1880, to be audited by the Comp<pc force="weak">-</pc><lb break="no" />troller the same as if not barred by limitation.......... 106 70</p>
<p>&#8220; &#8220; Henry Fleming, ex-sheriff of Wheeler county, for conveying Ed. Hart (a convict) from Mobeetie in Wheeler county to the penitentiary at Huntsville in Walker county, a distance of 770 miles, the con<pc force="weak">-</pc><lb break="no" />tractors having refused to come for the said con<pc force="weak">-</pc><lb break="no" />vict, these services performed in 1882.......... 216 00</p>
<pb n="402" ed="gammelslawsoftexas" /><pb ed="unknown" n="96" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>To pay George Wolf, sheriff of Lampasas county, for convey<pc force="weak">-</pc><lb break="no" />ing convicts in 1881 to penitentiary at Huntsville, $290 00</p>
</div3>
<div3 type="section">
<head type="main">Asylums.</head>
<p>To pay deficiency for the Lunatic Asylum for supplies for year ending February 28, 1883.......... $2680 18</p>
</div3>
<div3 type="section">
<head type="main">Blind Asylum.</head>
<p>For balance of salary due Dr. Rainey, for year from March 1st 1879, to February 28, 1880.......... $200 00</p>
</div3>
<div3 type="section">
<head type="main">Deaf and Dumb Asylum.</head>
<p>To pay deficiency for Deaf and Dumb Asylum for supplies for year ending February 28, 1883.......... $2596 98</p>
</div3>
<div3 type="section">
<head type="main">Miscellaneous.</head>
<p>To pay Loving &#38; Maxwell for labor, lumber and glazing Cap<pc force="weak">-</pc><lb break="no" />itol building.......... $35 60</p>
<p>&#8220; &#8220; J. S. Pickel for removing records, safes, furniture etc, of the Comptroller&#8217;s Office to the Temporary Capitol.......... 148 19</p>
<p>&#8220; &#8220; Contingent expenses necessitated by removal of the books<sub>,</sub> safes and furniture of the Comptroller&#8217;s Office to the Temporary Capitol.......... 60 00</p>
<p>&#8220; &#8220; D. W. Jones for furniture for Executive Mansion, in 1878.......... 67 45</p>
<p>&#8220; &#8220; Mrs. Sydney L. Cole her pension as the widow of David Cole, for years of 1870 to 1876.......... 300 00</p>
<p>&#8220; &#8220; Balance due members of Capt. L. L. Fackett&#8217;s Com<pc force="weak">-</pc><lb break="no" />pany of minute men, organized Oct. 20th, 1865, by the Chief Justice of Parker county under act for frontier defense, approved Feby 7, 1881, viz:</p>
<p>A. J. Caldwell.......... 4 37</p>
<p>N. F. Nunn.......... 17 43</p>
<p>G. R. Patton.......... 78 44</p>
<p>&#8220; &#8220; Mrs. Julia M. Barner, widow of Eli Barner, amount paid by her husband through error for purchase money for a certain tract of land, known as the Alexander survey, situated in Harrison county, Texas, and escheated to the State, by order of the District Court of said county.......... 116 02</p>
<p>To refund Abraham Howard money paid into the General Land Office by virtue of an act passed March 25, 1881, authorizing the refunding of moneys wrong<pc force="weak">-</pc><lb break="no" />fully paid into the General Land Office under the acts of August 26, 1856, and November 28, 1857, for the location, sale and settlement of the Missis<pc force="weak">-</pc><lb break="no" />sippi and Pacific Railroad Reserve, which land he failed to obtain.......... 80 00</p>
<pb n="403" ed="gammelslawsoftexas" /><pb ed="unknown" n="97" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>To pay Anthony Deffenbaugh, Frank W. Johnson and W. L. Hunter, members of the Veteran Board, appointed under act of 1881, (claimants to file relinquishment of all claims for said service heretofore rendered, prior to receiving the benefit of this act), to be ap<pc force="weak">-</pc><lb break="no" />proved by the Governor.......... $1424 50</p>
<p>&#8220; &#8220; John N. Lyle, for services as codifier of Revised Stat<pc force="weak">-</pc><lb break="no" />&#8220; &#8220; utes, from July 22, 1879, to Oct. 10, 1879, at $208.33&#8531; per month, for two months and eighteen days.......... 541 40</p>
<p>&#8220; &#8220; James B. Smith for extra work on temporary Cap<pc force="weak">-</pc><lb break="no" />itol.......... 4,412 10</p>
<p>&#8220; &#8220; James B. Smith on the original contract for building the new Capitol.......... 300 00</p>
<p>&#8220; &#8220; Gilbert Book Company, when the balance of books are delivered in compliance with act of May 6, 1882, 4115 copies yet to be delivered, at the rate of $3.00 per copy.......... 12,345 00</p>
<p>For balance due on public printing done during the year end<pc force="weak">-</pc><lb break="no" />ing February 28, 1883.......... 300 00</p>
<p>&#8220; deficiency in support for State students at Agricultural and Mechanical College, to end of present session, June, 1883.......... 6,000 00</p>
<p>&#8220; M. H. McLaurin, sixteen days salary in January, 1883, as superintendent of construction of temporary State Capitol at $5.00 per day by order of the Capitol Board (approved by John Ireland, Governor and President of the Capitol Board.......... 80 00</p>
<p>To pay Thomas Goggan balance due on piano for Governor&#8217;s mansion bought in the year 1872, in full payment and satisfaction.......... 325 00</p>
<p>&#8220; &#8220; Wm. Brueggerhoff rent of rooms, used by State offi<pc force="weak">-</pc><lb break="no" />cers, under control of the several Departments.......... 818 00</p>
<p>&#8220; &#8220; Tom Murrah, agent for owner, for rent of building on Pecan street for Comptroller&#8217;s office, and also for Treasurer&#8217;s office, as per contract.......... 170 00</p>
<p>&#8220; &#8220; Geo. H. Ragsdale, for surveying certain University lands in Cooke county, 1874, and 1875, this amount to be paid out of the available University fund.......... 400 00</p>
<p>&#8220; &#8220; Galveston News for printing notices for Commis<pc force="weak">-</pc><lb break="no" />sioners of Appeals, $12.45 and Asylums.$85.80.......... 98 25</p>
<p>&#8220; &#8220; M. T. Thompson, for rent.......... 38 00</p>
<p>&#8220; &#8220;A. W. Reilly for publishing citation in escheat suit in Van Zandt county.......... 40 95</p>
<p>To pay teachers and inspectors of public free schools for ser<pc force="weak">-</pc><lb break="no" />vices rendered prior to July 1, 1873, said claims to be audited by the Comptroller in accordance with the laws under which said services were rendered, and acts on the subject, approved respectively on April 27, 1874, and July 6, 1876, the said Comp<pc force="weak">-</pc><lb break="no" />troller to determine in all cases from information he may regard as reliable, if said claims are honest and proper, notwithstanding they may be proved up or established as provided in said acts, and this ap<pc force="weak">-</pc><lb break="no" />propriation to be only for the unexhausted surplus<pb n="404" ed="gammelslawsoftexas" /><pb ed="unknown" n="98" /><fw type="header" place="top">Laws of the State of Texas.</fw>of the appropriation by the Seventeenth Legislature; and the Comptroller shall have power to reject all such claims as he may find fraudulent, and said rejec<pc force="weak">-</pc><lb break="no" />tion shall forever bar the same; and all rejections by previous Comptrollers shall remain and not be re<pc force="weak">-</pc><lb break="no" />vived by this appropriation. Should this amount be found insufficient to pay the claims audited by the Comptroller, he shall pro rata the same among said audited claims; provided, that no claims not hereto<pc force="weak">-</pc><lb break="no" />fore established or proved up under the laws under which the services were rendered or under one of said acts, shall be audited hereunder, and no claim shall be audited, unless the same is filed in the Comptroller&#8217;s office within six months within the passage of this act. All claims not so filed within six months shall be forever barred.......... $15,000 00</p>
<p>Due Burnett &#38; Kilpatrick, as lessees of the State Peniten<pc force="weak">-</pc><lb break="no" />tiary, being excess in value of property turned over by them to the State.......... 440 80</p>
<p>Sec. 2. That whereas, the near approach of the close of the session of the Legislature creates an imperative public necessity that the con<pc force="weak">-</pc><lb break="no" />stitutional rule requiring bills to be read on three several days in both houses be suspended, and the fact that there is ample money in the Treasury to pay these deficiencies, creates an emergency that requires this act to take effect and be in force from and after its passage, and it is therefore enacted that the constitutional rule be suspended, and that this act take effect from and after its passage.</p>
<closer>
<dateline>Approved <date>April 13, 1883.</date></dateline>
</closer>
</div3>
<div3 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div3>
</div2>
<div2 type="act">
<head type="main">CHAPTER XCV.</head>
<opener>
<salute>An Act to amend Article 575, Chapter 3, Title 20 of the Revised Statutes of the State of Texas, by adding thereto Sec<pc force="weak">-</pc><lb break="no" />tion 9.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That another section, to be numbered &#8220;Section 9,&#8221; be added to Article 575 of the Revised Statutes of Texas, to read as follows, to-wit:</p>
<p>Section 9. Any private corporation created either by special act of the Legislature, or under the provisions of the general law, for the support of any benevolent, charitable, educational or missionary undertaking, the support of any literary or scientific undertaking, the maintenance of a library, or the promotion of painting, music or other fine arts, whose charter may expire or may have expired by limitation may revive such charter with all the privileges and immunities and rights of property, real and personal, exercised and held by it at the date of the expiration of its said charter, by filing, with the consent of a majority of its stock<pc force="weak">-</pc><lb break="no" />holders, a new charter under the provision of the general law of the State of Texas, reciting therein such original privileges and immunities and rights of property, and by filing therewith a certified copy of such original forfeited charter: and any two or more of such corporations may revive and consolidate their charters under a new corporate name or un<pc force="weak">-</pc><lb break="no" /><pb n="405" ed="gammelslawsoftexas" /><pb ed="unknown" n="99" /><fw type="header" place="top">Laws of the State of Texas.</fw>der the name of either, with all the privileges, immunities and rights of property, real and personal, enjoyed by each at the date of the expiration of their several charters, by, in like manner filing a charter, which shall recite the fact of consolidation, accompanied by certified copies of said original charter: provided this act shall not be construed to relieve any corporation from the payment of occupation taxes now or hereafter re<pc force="weak">-</pc><lb break="no" />quired by law.</p>
<p>The foregoing act was presented to the Governor of Texas for his ap<pc force="weak">-</pc><lb break="no" />proval on the 2nd day of April A. D. 1883, and was not signed by him nor returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.</p>
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XCVI.</head>
<opener>
<salute>An Act to amend Title 17 Chapter 10 of the Re<pc force="weak">-</pc><lb break="no" />vised Statutes of the State of Texas by adding thereto Articles 503a and 503b.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas That Title 17 Chapter 10 be amended by adding thereto the following articles to be known as articles 503a and 503b.</p>
<p>Article 503a. Whenever fifty qualified voters of any territory within the limits of any incorporated town shall sign and present a petition to the mayor of such city praying that such territory, setting the same out by metes and bounds be declared no longer a part of such town, it shall be the duty of the mayor thereof to order an election within thirty days thereafter to be holden at the different voting precincts of said town: and if a majority of the legal voters of said town voting at such election, cast their votes in favor of discontinuing said territory as a part of said town the mayor of said city shall declare such territory no longer a part of said city and shall enter an order to that effect on the minutes or rec<pc force="weak">-</pc><lb break="no" />ords of the city council, and from and after the date of such order said territory shall cease to be a part of said town: provided no city or town shall thus be reduced to a less area than one square mile or one mile in diameter around the centre of the original corporate limits.</p>
<p>Article 503b. Whenever any territory shall withdraw as above pro<pc force="weak">-</pc><lb break="no" />vided and such city or town shall at the time of such withdrawal owe any debts by bond or otherwise, such withdrawing territory shall not be re<pc force="weak">-</pc><lb break="no" />leased from the payment of its pro rata of such indebtedness, but it shall be the duty of said city council to continue to levy an ad valorem tax each year on the property of said territory of the same rate as is levied upon other property of such city until the taxes collected from said ter<pc force="weak">-</pc><lb break="no" />ritory shall equal its pro rata share of the indebtedness of said city or town at the time of the withdrawal. The taxes so collected shall be charged only with the cost of levying and collecting the same, and the same shall be applied exclusively to the payment of said pro rata share of indebtedness. Nothing herein shall be construed to prevent the in<pc force="weak">-</pc><lb break="no" />habitants of said territory from paying in full at any time their pro rata share of the indebtedness of said city.</p>
<p>Sec. 2. The near approach of the close of the session of the Legiala<pc force="weak">-</pc><lb break="no" /><pb n="406" ed="gammelslawsoftexas" /><pb ed="unknown" n="100" /><fw type="header" place="top">Laws of the State of Texas.</fw>ture and the importance of permitting towns to diminish their limits, creates an emergency and public necessity that the constitutional rule requiring bills to be read on three several days be suspended and it is hereby suspended.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XCVII.</head>
<opener>
<salute>An Act to provide for the disposition of the min<pc force="weak">-</pc><lb break="no" />erals in the Public School, University, Asylum and Public Lands of the State of Texas.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That all minerals in the Public School, University, Asylum and public lands of the State of Texas be and the same are reserved from the opera<pc force="weak">-</pc><lb break="no" />tion of the laws for the sale of such lands and shall be used and disposed of for the benefit of the respective funds for which said lands are now set apart as hereinafter prescribed.</p>
<p>Sec. 2. The State Land Board shall have the control and management of the disposition and use of said minerals and shall provide such rules and regulations therefor as to them may seem best within the provisions of this act.</p>
<p>Sec. 3. When a prospector or miner shall discover upon any of said lands any mine of coal, iron, tin, copper, lead, silver or gold he shall im<pc force="weak">-</pc><lb break="no" />mediately stake the same in its apparent extent not to exceed in size three hundred feet one way by fifteen hundred feet the other way, the corners to be marked by distinct stone land marks and shall within forty days thereafter file a description of said mine, the county in which it is sit<pc force="weak">-</pc><lb break="no" />uated, the number of survey, the company or individual to whom the same was issued, and such other description as is practicable in the clerk&#8217;s office of the county where the land lies or if in an unorganized county, then in the county to which the same is attached for surveying purposes, which description shall be verified by an affidavit of the fact that he is the discoverer of said mine, and that he intends to fully prospect the same and comply with the law pertaining to the same in good faith; and shall be registered in the record of deeds. He shall then have the privilege of selling the rights he may have acquired in said mine&#8212;provided that he or his assigns shall within ninety days after the filing of such descrip<pc force="weak">-</pc><lb break="no" />tion have said mine surveyed and shall file a copy of said survey together with specimens of the ore taken therefrom with the State Land Board at Austin.</p>
<p>Sec. 4. After the filing of such survey and specimens, the discoverer or his assigns shall work said mine for his own benefit and for the ben<pc force="weak">-</pc><lb break="no" />efit of the fund to which said mine belongs, said fund to receive five per centum of the gross receipts from said mine to be paid and received in such manner and under such regulations as the Land Board may prescribe by general rules applying alike to all such cases&#8212;provided that the mines shall be worked subject to such rules and regulations as the Land Board may prescribe, and which may be from time to time, changed, and they may by regulation prescribe such conditions of forfeiture of the rights hereby conferred as they may think proper, and on their violation declare such forfeiture&#8212;provided further that any one taking up a<pb n="407" ed="gammelslawsoftexas" /><pb ed="unknown" n="101" /><fw type="header" place="top">Laws of the State of Texas.</fw>mining claim of the dimensions herein provided for shall do at least two hundred dollars worth of work per annum on the same, and furnish an<pc force="weak">-</pc><lb break="no" />nual proof of the same to the Land Board. Any one failing to comply with this provision shall forfeit his interest and it shall be subject to en<pc force="weak">-</pc><lb break="no" />try by any other person and it shall require no judicial forfeiture.</p>
<p>Sec. 5. The filing and registration of the description hereinbefore provided to be filed with the county clerk shall be constructive notice of claim. But all persons who have heretofore discovered and worked mines on said lines shall have a prior right for ninety days after the passage of this act in which to comply with this law as discoverer.</p>
<p>Sec. 6. This being a matter of great general interest and importance and there being no law regulating the same an imperative public neces<pc force="weak">-</pc><lb break="no" />sity and emergency exists for its immediate passage, therefore it is en<pc force="weak">-</pc><lb break="no" />acted that the constitutional rule be suspended and that this act take ef<pc force="weak">-</pc><lb break="no" />fect from and after its passage.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XCVIII.</head>
<opener>
<salute>An Act to amend Article 4742 of the Revised Civil Statutes of this State.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 4742 of the Revised Civil Statutes be so amended as to hereafter read as follows:</p>
<p>&#8220;Article 4742. The collector of taxes shall, on forms to be furnished &#8220;for that purpose by the Comptroller of Public Accounts, make a re<pc force="weak">-</pc><lb break="no" />&#8220;port under oath, to the Comptroller, of all taxes collected by him for &#8220;the State, every three months. The first report shall include the &#8220;months of October, November and December; the second shall include &#8220;the months of January, February and March; the third shall include &#8220;the months of April, May and June; the fourth shall include the &#8220;months of July, August and September of each year, and he shall make &#8220;a like report of each regular term of the commissioners<sup>,</sup> court of all &#8220;taxes collected for the county.&#8221;</p>
<p>Sec. 2. The near approach of the close of the session creates an im<pc force="weak">-</pc><lb break="no" />perative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and it is so suspended.</p>
<closer>
<dateline>Approved <date>April 13, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER XCIX.</head>
<opener>
<salute>An Act to amend Article 4767 of the Revised Civil Statutes regulating the fees of tax collectors.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 4767 of the Revised Civil Statutes shall hereafter read as follows:</p>
<p>Article 4767. The collector of taxes shall receive as compensation<pb n="408" ed="gammelslawsoftexas" /><pb ed="unknown" n="102" /><fw type="header" place="top">Laws of the State of Texas.</fw>for his services six per cent on the first ten thousand dollars of taxes col<pc force="weak">-</pc><lb break="no" />lected and five per cent on the next ten thousand dollars collected by him for the State and two per cent on all such taxes collected over that sum: for collecting the county tax five per cent on the first five thousand dol<pc force="weak">-</pc><lb break="no" />lars of such taxes so collected by him and four per cent on the next five thousand dollars collected and two per cent on all such taxes collected over that sum and that in counties owing subsidies to railroads, the col<pc force="weak">-</pc><lb break="no" />lector shall receive only one per cent for collecting such railroad tax and in case where property is levied on and sold for taxes he shall receive the same compensation as is allowed by law to sheriffs or constables for mak<pc force="weak">-</pc><lb break="no" />ing a levy and sale in similar cases; but in no case to include commissions on such sales.</p>
<p>Sec. 2. And on all occupations and license taxes collected five per centum.</p>
<p>Sec. 3. The near approach of the close of the session and the fact that the compensation of tax collectors is inadequate creates an impera<pc force="weak">-</pc><lb break="no" />tive public necessity and an emergency that the constitutional rule re<pc force="weak">-</pc><lb break="no" />quiring this bill to be read on three several days be suspended and it is suspended and that this act take effect and be in force and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 17, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER C.</head>
<opener>
<salute>An Act to amend Article 669, Title 17, Chapter 2, of an Act entitled &#8220;An Act to adopt and establish a Penal Code and Code of Criminal Procedure for the State of Texas, passed Feby 21st, 1879.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 669, Title 17, Chapter 2, of an act to adopt and establish a Penal Code and Code of Criminal Procedure for the State of Texas, passed Feby 21st, 1879, be so amended as to hereafter read as follows:</p>
<p>Article 669. If any person shall wilfully or negligently set fire to, or burn, or cause to be burned, any wood land or prairie not his own, he shall be punished by fine not less than fifty, nor more than three hun<pc force="weak">-</pc><lb break="no" />dred, dollars.</p>
<p>Sec. 2. Whereas, this session approaches its close and time is wanting within which to consider this bill on three several days in each house and secure its passage by the end of the session, therefore an imperative public necessity is created for the suspension of the constitutional rule requiring bills to be read on three several days; and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<pb n="409" ed="gammelslawsoftexas" /><pb ed="unknown" n="103" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER CI.</head>
<opener>
<salute>An Act to amend Article 1190 of the Revised Civil Statutes, so as to make the provisions of the article apply to foreign as well as domestic corporations.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Article 1190 of the Revised Civil Statutes be so amended as to here<pc force="weak">-</pc><lb break="no" />after read as follows:</p>
<p>Article 1190. In pleading the charter or act of incorporation of any corporation, public or private, it shall not be necessary to set out at length such charter or act of incorporation, but it shall be sufficient to allege that such corporation was duly incorporated, and such allegation by either party shall be taken as true, unless denied by the affidavit of the adverse party, his agent or attorney.</p>
<closer>
<dateline>Approved <date>April 17, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CII.</head>
<opener>
<salute>An Act to amend Articles 66, 67, 68, 70, 71, 72, 73, 74, 80 and 97 of an Act entitled An Act to adopt and establish the Revised Civil Statutes of the State of Texas&#8221; passed March 17th 1879, and to amend Articles 75 and 79 of the Revised Civil Statutes, of the State of Texas as amended on April 18th 1879 and to add Article 68a.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Articles 66, 67, 68, 70, 71, 72, 73, 74, 75, 79, 80 and 97 of the Re<pc force="weak">-</pc><lb break="no" />vised Civil Statutes of the State of Texas shall be so amended as here<pc force="weak">-</pc><lb break="no" />after to read as follows.</p>
<p>Article 66. The Asylum heretofore established by law at the seat of government and any other that may hereafter be established elsewhere for the care and treatment of insane persons, shall be managed and con<pc force="weak">-</pc><lb break="no" />trolled in accordance with the provisions of this title.</p>
<p>Article 67. The general control management and direction of the af<pc force="weak">-</pc><lb break="no" />fairs of the Texas Asylums for the Insane shall be vested in a board of managers to be styled, the Board of Managers of the Lunatic Asylums, subject only to such rules and regulations as may be prescribed by the Legislature. Three of the members of each board shall reside within five miles of their respective Asylums.</p>
<p>Article 68. The Governor shall appoint for the Lunatic Asylum and each branch thereof a board of managers consisting of five members, who shall hold their terms of office as follows: two shall hold their office for two years: two for four years and one for six years or until their success<pc force="weak">-</pc><lb break="no" />ors are appointed and qualified: and whenever a vacancy occurs in said boards, it shall be filled by the Governor and the term of office of the person so appointed shall be for the unexpired term of the person whose place is made vacant. The Board of Managers shall be appointed by the Governor, by and with the advice and consent of the Senate.</p>
<p>Article 68a. Each of the members of the Board of Managers shall be paid five dollars per day and five cents a mile for going to and return<pc force="weak">-</pc><lb break="no" />ing from the Asylums for the purpose of holding their monthly meet<pc force="weak">-</pc><lb break="no" />ings: provided for by this act and no member shall be paid, except in<pb n="410" ed="gammelslawsoftexas" /><pb ed="unknown" n="104" /><fw type="header" place="top">Laws of the State of Texas.</fw>case of his actual attendance on said meetings, and the certificate of the president of the Board of Managers, approved by the Superintendent shall be a sufficient voucher for the Comptroller to draw his warrant upon the Treasurer for the amount due each member of said board, for his attendance on said meetings: provided, no meeting shall be for a longer time than one day.</p>
<p>Article 70. The Board of Managers shall hold monthly meetings at the Asylum, and a full account of all their acts and proceedings shall be recorded by the secretary in a book to be provided for that purpose.</p>
<p>Article 71. The members of said Board of Managers, shall be persons distinguished for their philanthropy, and when appointed in accordance with this act, they shall have the general direction and control of all the property and business of the Asylums, in accordance with the require<pc force="weak">-</pc><lb break="no" />ments of law, and in all those cases not provided for by law they shall have such direction and control of the property and business of the Asy<pc force="weak">-</pc><lb break="no" />lums according to the by-laws, rules and regulations of the Asylums. They may take and hold in trust any gift or devise of real or personal estate for the benefit of the said Asylum and apply the same, as the donor or devisor may direct.</p>
<p>Article 72. The board of managers shall have power</p>
<p>1st. To make all necessary by-laws and regulations not inconsistent with the Constitution and laws of this State, for the government of their institutions, officers, employes and inmates and for the admission of visitors.</p>
<p>2nd. To determine the salaries and wages of all officers and employes of the Asylums.</p>
<p>3rd. To discharge upon the recommendation of the Superintendent, any officer employee or patient in the Asylums.</p>
<p>4th. Upon the nomination of the Superintendent, to appoint the as<pc force="weak">-</pc><lb break="no" />sistant physicians, steward, matron and apothecary to the Asylum.</p>
<p>5th. To examine the accounts and vouchers of the Superintendent and to reject or approve the same as they may deem right and proper.</p>
<p>6th. To exercise a careful supervision over the general operations and expenditures of the Asylums, and to direct the manner in which its rev<pc force="weak">-</pc><lb break="no" />enues shall be disbursed.</p>
<p>7th. They shall also cause to be kept a clinical record of all cases ad<pc force="weak">-</pc><lb break="no" />mitted in the Asylums.</p>
<p>Article 73. The managers shall maintain an effective inspection of their Asylums a committee for which purpose shall visit them once every month, a majority once every quarter and the whole board once a year at the time and in the manner prescribed by the by-laws. In a book kept by the managers for this purpose, the visiting manager or managers shall note the date of each visit, the condition of the house; patients, etc., with remarks of commendation or censure and all the managers present shall sign the same.</p>
<p>Article 74. The general result of these inspections, with suitable hints and suggestions, shall be inserted in the biennial report detailing the past year&#8217;s operations and actual state of the Asylums, which the board shall make to the Legislature in the month of January of each al<pc force="weak">-</pc><lb break="no" />ternate year beginning with the year 1885 accompanied by the report of the medical superintendent and steward.</p>
<p>Article 75. The board of managers of the Lunatic Asylum shall elect a medical superintendent of their respective asylums, who shall hold their offices for two years. He<sub> </sub>shall be a married man, a skillful<pb n="411" ed="gammelslawsoftexas" /><pb ed="unknown" n="105" /><fw type="header" place="top">Laws of the State of Texas.</fw>physician and good executive officer, and he shall also be experienced in the treatment of insanity. He shall have had special advantages and practical experience in the management of hospitals for the insane, and in the treatment of insanity by a residence for at least three years in such an institution. He shall reside in the Asylum with his family or in a house near the Asylum erected for the purpose: and he shall devote his whole time exclusively to the duties of his office.</p>
<p>Article 79. The board of managers shall have power to remove the Superintendent for good and sufficient cause only.</p>
<p>Article 80. The Superintendent shall be the chief executive medical and disbursing officer of the institution and subject to the by-laws, shall have general care and control over everything connected therewith. He shall attend to the enforcement of the laws of this State relating to the asylums and the by-laws of the institution and shall take care that all em<pc force="weak">-</pc><lb break="no" />ployes connected therewith, diligently and faithfully perform the duties assigned to them: and it shall be his duty to admit any of the board of managers into every part of the asylum, and to exhibit to him or them on demand all the books papers and accounts belonging to the institution or pertaining to its business, management, discipline or government also to furnish copies, abstracts and reports whenever required by the board.</p>
<p>Article 97. If applications be made for the admission of more pa<pc force="weak">-</pc><lb break="no" />tients than can be accommodated in the asylum preference shall be given in all instances to public over private patients, and of the former class to cases of less than one year&#8217;s duration over chronic cases, and to indigent patients over others possessed of property and no private patients shall be admitted during pendency of an application by a public patient nor shall any public non-indigent patient be admitted during the pendency of an application by an indigent public patient.</p>
<p>Sec. 2. It is further enacted that all laws and parts of laws in con<pc force="weak">-</pc><lb break="no" />flict with the provisions of this act are hereby repealed.</p>
<p>Sec. 3. The near approach of the end of the session creates an emer<pc force="weak">-</pc><lb break="no" />gency and an imperative public necessity justifying the suspension of the constitutional rule requiring bills to be read on three several days and that this act take effect and be in force from and after its passage: said rule is therefore suspended and it is enacted that this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CIII.</head>
<opener>
<salute>An Act to create and provide for the organization of the county of Reeves.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That a new county to be called &#8220;Reeves county&#8221; is hereby established out of the following portion of Pecos county. Beginning at Great Palls on the Pecos river on the line of Pecos and Tom Green counties, thence south west to Varela Springs on the line of Pecos and Presidio counties; thence north west with the east line of Presidio county to San Martin in Apache mountains, thence north east with the east boundary line of El Paso county to the mouth of Delaware creek, where it<pb n="412" ed="gammelslawsoftexas" /><pb ed="unknown" n="106" /><fw type="header" place="top">Laws of the State of Texas.</fw>empties into the Pecos river; thence down the Pecos river to the place of beginning.</p>
<p>Sec. 2. The expense of running and marking the new county lines thus to be created, shall be paid by the new county, and each person ap<pc force="weak">-</pc><lb break="no" />pointed to run and mark any line or lines of said county shall be allowed three dollars per mile for each mile run.</p>
<p>Sec. 3. That it shall be the duty of the county commissioners&#8217; court of Pecos county within sixty days after the enactment of this law to lay off and divide said new county into convenient precincts for the election of county officers and also to designate convenient places in the new county where elections shall be held, of all which they shall cause a re<pc force="weak">-</pc><lb break="no" />cord to be made by the clerk and a copy thereof shall be transmitted to the county judge of the new county when elected.</p>
<p>Sec. 4. That the county judge of Pecos county immediately thereafter do order an election of county officers in said new county and appoint the presiding officers and managers and clerks of election, as is prescribed by law in other cases. The election returns shall be made to the county judge of Pecos county who shall issue certificates to the persons elected and shall approve the bonds of such officers and shall administer to them the oath of office.</p>
<p>Sec. 5. That the new county shall pay a pro rata share of the existing debt of the county of Pecos and there shall be set apart so much of the county tax levied and collected upon the property situated in the portion so taken from the county of Pecos annually as shall be sufficient to speed<pc force="weak">-</pc><lb break="no" />ily liquidate said existing debt or debts, if any.</p>
<p>Sec. 6. Whereas the end of this session is near at hand and an im<pc force="weak">-</pc><lb break="no" />perative public necessity exists for the creation as indicated above, of the county of Reeves, and an emergency that the constitutional rule requir<pc force="weak">-</pc><lb break="no" />ing bills to be read on three several days should be suspended, therefore said rule is suspended and it is enacted that this act take effect and be in force from and after its passage.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect from passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CIV.</head>
<opener>
<salute>An Act to create a Land Board with authority to in<pc force="weak">-</pc><lb break="no" />vestigate alleged land frauds and to authorize the institution of suits in the name of the State: to annul purchases in certain cases illegally and improperly made under an act to provide for the sale of alter<pc force="weak">-</pc><lb break="no" />nate sections of land in organized counties as surveyed by railroad companies and other works of internal improvement and set apart for the benefit of the common school fund approved July 8th 1879 and an act amendatory thereof approved April 6th 1881 and to authorize the confirmation and validation of other purchases made under said acts: and with power to investigate the operations of the General Land Office and other matters relating to the John Gibson certificates and to make an appropriation therefor.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That a Land Board shall be created to consist of three persons to be ap<pc force="weak">-</pc><lb break="no" />pointed by the Governor and the Governor and the Comptroller shall be ex-officio members of said board.</p>
<p>Sec. 2. It shall be the duty of the Land Board provided for in sec<pc force="weak">-</pc><lb break="no" />tion one of this act to ascertain by investigation whether any illegal or<pb n="413" ed="gammelslawsoftexas" /><pb ed="unknown" n="107" /><fw type="header" place="top">Laws of the State of Texas.</fw>fraudulent purchases have been made by any person or persons of any of the land set apart for the benefit of the common school fund and author<pc force="weak">-</pc><lb break="no" />ized to be sold under an act approved July 8th 1879 and an act amenda<pc force="weak">-</pc><lb break="no" />tory thereof approved April 6th 1881 in which the county or district sur<pc force="weak">-</pc><lb break="no" />veyor or his deputy acting for him in the county in which any such land is situated, acted as agent for the purchaser in making the application to purchase or in which any one person has acquired or by application at<pc force="weak">-</pc><lb break="no" />tempted to acquire illegally more lands than he was permitted by law to purchase by the use of names of persons other than his own or otherwise, or where any person has made an application or file without intending in good faith to take the usual steps required by law to perfect his title, and in cases where the purchase of said lands was not made in the real name of the person intending to be the actual purchaser and where the law has been evaded or violated in any other manner to the prejudice of the State or the school fund and in case they discover that any such illegal or fraudulent purchases have been made in violation of said acts of 1879 and 1881 in the manner aforesaid: and in case they should conclude that the interest of the common school fund will be subserved by the in<pc force="weak">-</pc><lb break="no" />stitution of suits to annul and set aside such purchase or purchases it shall be the duty of said board to notify the Attorney General of their conclusions and said officer shall thereupon institute suit in the name of the State against all persons who have made such illegal or fraudulent purchases and their vendee or vendees who may have bought with no<pc force="weak">-</pc><lb break="no" />tice of the illegality or fraud in the purchase under the acts before men<pc force="weak">-</pc><lb break="no" />tioned.</p>
<p>Sec. 3. It shall be the duty of the board created by this act to inves<pc force="weak">-</pc><lb break="no" />tigate the condition of the General Land Office, and the manner in which said office is conducted and said board shall also investigate the condi<pc force="weak">-</pc><lb break="no" />tion of such district and county surveyors&#8217; offices in this State as they may think proper with a view of ascertaining what irregularities or vio<pc force="weak">-</pc><lb break="no" />lations of law may have been committed in any of said offices, and rec<pc force="weak">-</pc><lb break="no" />ommend and advise the Attorney General to take such action as may be deemed proper in the premises, and said board shall further investigate the history of the filing of the John Gibson certificates, also the proposed surrender of the same to the General Land Office, and to advise and di<pc force="weak">-</pc><lb break="no" />rect such a course as may be deemed proper in relation thereto. And said board shall further investigate the history of the appraisement of the school land situated in Haskell county, and their approval by the Com<pc force="weak">-</pc><lb break="no" />missioners of the General Land Office and the manner in which the sur<pc force="weak">-</pc><lb break="no" />veyor of said county was notified of such approval and the manner in which the books of the surveyor of said county are reported to have been opened in the city of Austin for the purpose of permitting parties to file on the same, and who filed on said lands before the notice of such ap<pc force="weak">-</pc><lb break="no" />proval was sent to the surveyor of said county as the law requires. And said board shall further investigate the General Land Office for the pur<pc force="weak">-</pc><lb break="no" />pose of determining how many clerks and what officers in said office have within the past two years filed upon school lands and under whose ad<pc force="weak">-</pc><lb break="no" />vice and permission they made such files.</p>
<p>Sec. 4. In the prosecution of the investigation provided for in this act the board are authorized to send for persons and papers, to adminis<pc force="weak">-</pc><lb break="no" />ter oaths and affirmations, to issue subpoenas and enforce attendance of witnesses, which subpoenas shall be executed by any officer now author<pc force="weak">-</pc><lb break="no" />ized by law to execute process and any witness appearing before said<pb n="414" ed="gammelslawsoftexas" /><pb ed="unknown" n="108" /><fw type="header" place="top">Laws of the State of Texas.</fw>board shall receive the same pay as witnesses in civil cases to be paid by the State.</p>
<p>Sec. 5. The board may delegate one of their number to go to differ<pc force="weak">-</pc><lb break="no" />ent parts of the State to make investigations and to procure testimony and in such cases he shall be invested with the full powers of the board to procure such testimony and to enforce the attendance of witnesses.</p>
<p>Sec. 6. The suits provided for in this act shall be brought within twelve months from the time this act takes effect, in the county where the land is situated, or in the county to which such county where the land is situated is attached for judicial purposes, or in the county of the residence of the purchaser, or the person for whose benefit the purchases were made, as the State may elect; provided, that suits for the recovery of such lands against non-residents or corporations shall be brought in the district court of Travis county: and provided further, that in all cases where twenty-five sections or more of land in excess of the seven sections authorized by law to be purchased, have been purchased by or for the benefit of any one person or corporation, suits for the recovery thereof shall be brought in the district courts of Travis county.</p>
<p>Sec. 7. In all cases where files have been made prior to February 3, 1883 upon any of the land set apart for the benefit of the common school fund and authorized to be sold under the acts of 1879 and 1881, and the first payment on said land as provided by said acts has been made or a tender thereof made to the Treasurer and refused by him and the Com<pc force="weak">-</pc><lb break="no" />missioner of the General Land Office has failed or refused to file the ap<pc force="weak">-</pc><lb break="no" />plication of the purchaser and issue his certificate as provided for in the seventh section of the act approved April 6th 1881 and to complete the sale of the land so applied for, if the State shall not bring suit to set aside and annul such purchase within twelve months from the time this act goes into effect, it shall be the duty of the Commissioner of the General Land Office to complete and perfect the sale of said land so purchased in accordance with the provisions of the above recited act of 1881.</p>
<p>Sec. 8. Each member of the board provided for by this act except the Governor and the Comptroller shall be paid at the rate of five dollars per day while actually engaged in the investigation provided by this act, provided, they shall not be paid for more than six months services and in case any member of the board shall have to travel to any point in the State to take evidence in any investigation provided for in this act in addition to his per diem of five dollars above provided for he shall re<pc force="weak">-</pc><lb break="no" />ceive five cents per mile for every mile traveled by him in going to the place where the investigation is prosecuted and five cents per mile in re<pc force="weak">-</pc><lb break="no" />turning to the Capital, the amount of mileage to be verified by affidavit of the member who has performed the service.</p>
<p>Sec. 9. The Governor shall certify all claims and accounts arising under the provisions of this act to the Comptroller who shall issue his warrant therefor to be paid by the State Treasurer.</p>
<p>Sec. 10. No suit shall be instituted by the Attorney General under the provisions of this act unless it shall be advised and directed by at least three of the board created by this act.</p>
<p>Sec. 11. The word person as used in this act shall be construed to in<pc force="weak">-</pc><lb break="no" />clude any corporation firm or partnership as well as material persons.</p>
<p>Sec. 12. The sum of five thousand dollars is hereby appropriated out of any money in the treasury not otherwise appropriated to carry into effect the provisions of this act to be expended under the direction of the board created by this act.</p>
<pb n="415" ed="gammelslawsoftexas" /><pb ed="unknown" n="109" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 13. Whereas the near approach of the close of this session of the Legislature creates an emergency and an imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days: therefore said rule is hereby suspended and this act shall take effect and be in force from and after its passage and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CV.</head>
<opener>
<salute>An Act to amend Articles 122, 129, 137, and 138 of An Act to adopt and establish the Revised Civil Statutes of the State of Texas, passed March 17th 1879, and to amend Articles 130 and 132 of the Revised Civil Statutes of the State of Texas as amended and approved April 17th 1879 and to add Article 130a.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Articles 122, 129, 130, 132, 136, 137 and 138 of the Revised Civil Statutes of the State of Texas, shall be amended as hereafter to read as follows:</p>
<p>Article 122. The Governor shall appoint for the Deaf and Dumb and the Blind Asylums a board of trustees for each consisting of five members each, who shall hold their terms of office as follows: Two shall hold their office for two years; two for four years, and one for six years, or until their successors are appointed and qualified, and whenever a va<pc force="weak">-</pc><lb break="no" />cancy occurs in said board, it shall be filled by the Governor, and the term of office of the person so appointed shall be for the unexpired term of the person whose place is made vacant. The appointment of said board shall be by and with the advice and consent of the Senate.</p>
<p>Article 129. On the first of January 1885 and every two years there<pc force="weak">-</pc><lb break="no" />after, the Board of Trustees shall report in writing to the Legislature the general operations of their respective asylums for the past two years, and accompany the same with such suggestions as they may deem im<pc force="weak">-</pc><lb break="no" />portant to the welfare of the institution.</p>
<p>Article 130. The board of trustees of each of said asylums respec<pc force="weak">-</pc><lb break="no" />tively shall elect a superintendent of each of said asylums, who shall hold his office for the period of two years. Each of said superintendents shall have had special advantages and practical experience in the manage<pc force="weak">-</pc><lb break="no" />ment of the persons committed to their charge by virtue of his appoint<pc force="weak">-</pc><lb break="no" />ment.</p>
<p>Article 130a. The members of each board of trustees shall be paid five dollars, each, per day, and mileage at the rate of five cents per mile in going to and returning from their respective asylums, for their services in attending the quarterly meetings provided for in Article 124; pro<pc force="weak">-</pc><lb break="no" />vided that no member shall draw pay for said quarterly meetings, unless he shall have actually attended said meeting; and provide further that no member can draw pay under this article for more than one day&#8217;s at<pc force="weak">-</pc><lb break="no" />tendance upon said quarterly meeting, and the certificate of the presi<pc force="weak">-</pc><lb break="no" />dent of the board, approved by the superintendent, shall be sufficient evi<pc force="weak">-</pc><lb break="no" />dence upon which the Comptroller can draw a warrant upon the Treasu<pc force="weak">-</pc><lb break="no" />rer of the State, to pay the amount provided for in this article.</p>
<p>Article 132. The board of trustees of each of said asylums shall have power to remove the superintendent for good cause only.</p>
<pb n="416" ed="gammelslawsoftexas" /><pb ed="unknown" n="110" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Article 137. The board of trustees and the superintendent shall ap<pc force="weak">-</pc><lb break="no" />point an oculist for the Blind Asylum, who shall be skilled in his pro<pc force="weak">-</pc><lb break="no" />fession and a married man, and who shall attend regularly at the asylum and administer treatment to all cases of blindness among its pupils deemed curable.</p>
<p>Article 138. The oculist at the Blind Asylum shall hold his office for the period of two years and the board of managers and the superin<pc force="weak">-</pc><lb break="no" />tendent may remove him for good cause only.</p>
<p>Sec. 2. It is further enacted that all laws and parts of laws in conflict with this act he and the same are hereby repealed.</p>
<p>Sec. 3. The near approach of the close of the present session of the Legislature creates an imperative public necessity justifying the suspen<pc force="weak">-</pc><lb break="no" />sion of the constitutional rule, which requires that all bills be read on three several days; said rule is therefore suspended and an emergency ex<pc force="weak">-</pc><lb break="no" />ists that this act should take effect from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect from passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CVI.</head>
<opener>
<salute>An Act to amend the first section of an Act entitled &#8220;An Act for the relief of persons, firms or associations of persons who have procured license and complied with the law authorizing them to pursue the occupation of liquor dealers where they have been or may be prevented from pursuing such occupation, on account of the adoption of local option, and to make an appropriation therefor,&#8221; ap<pc force="weak">-</pc><lb break="no" />proved May 5th, 1882.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Section 1 of the above mentioned act be amended so as to hereafter read as follows:</p>
<p>Section 1. That in all cases where any person, firm or association of persons pursuing the occupation of liquor dealers under license issued in accordance with the laws of this State has been, or shall hereafter be prevented from pursuing such occupation for the full time to which he would be otherwise entitled by reason of the adoption of local option in any county, precinct, town or city, a proportionate amount of the taxes paid by him for the unexpired term shall be refunded to him.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CVII.</head>
<opener>
<salute>An Act to amend Article 2266, Chapter 4, Title 38, of the Revised Civil Statutes, changing the time of filing counter affi<pc force="weak">-</pc><lb break="no" />davits in cases where the action or defense is founded upon a sworn account.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 2266, Chapter 4, Title 38, of the Revised Civil Statutes, be so amended as to read as follows:</p>
<p>&#8220;Article 2266. when any action or defense is founded upon an open<pb n="417" ed="gammelslawsoftexas" /><pb ed="unknown" n="111" /><fw type="header" place="top">Laws of the State of Texas.</fw>account, supported by the affidavit of the party, his agent or attorney, taken before some officer authorized to administer oaths, to the effect that such account is, within the knowledge of affiant, just and true: that it is due, and that all just and lawful offsets, payments and credits have been allowed, the same shall be taken as prima facie evidence thereof, unless the party resisting such claim shall before an announcement of ready for trial in said cause, file a written denial, under oath, stating that such account is not just or true, in whole or in part, and if in part only, stating the items and particulars which are unjust: provided, that when such counter affidavit shall be filed on the day of trial, the party claiming under such verified account shall have the right to continue such cause until the next term of court: when he fails to file such affida<pc force="weak">-</pc><lb break="no" />vit he shall not be permitted to deny the account, or any item therein as the case may be.&#8221;</p>
<p>Section 2. The near approach of the close of the session, the im<pc force="weak">-</pc><lb break="no" />portance of this bill, and the improbability that it would be reached in the regular order of business, creates an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and it is so suspended.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CVIII.</head>
<opener>
<salute>An Act to amend Article 4684 of Title 95, Chapter 2, of the Revised Civil Statutes, providing for the manner of assessing bankers, brokers, dealers in exchange, etc.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 4684, of Title 95, Chapter 2, of the Revised Civil Statutes shall be so amended as to hereafter read as follows,: to-wit:</p>
<p>Article 4684. Every bank, whether of issue or deposit, banker, broker, dealer in exchange, or stock jobber, shall, at the time fixed by this chapter for listing personal property, make out and furnish the assessor of taxes a sworn statement showing,</p>
<p>1st; If a national bank, the president, or some other officer of such bank, shall furnish to the assessor of the county, in which such bank is located, a list of the names of all the share holders of the stock, together with the number and amount of the shares of each shareholder of stock, in said bank; and the shareholders of the stocks in national banks shall render to the tax assessor of the county in which such bank is located the number of their shares, and the true and full value thereof. All shares of stocks in National banks not rendered to the assessor of taxes in the county where such bank is located within the time prescribed by law for listing property for taxes, shall be assessed by the assessor against the owner or owners thereof as unrendered property is assessed; but the tax roll shall show the name of the owner or owners thereof as per statement furnished by the president or other officer of said bank.</p>
<p>2nd; National banks shall render all other bonds and stocks of every kind (except United States bonds), and all shares of capital stocks, or joint stock or stocks of other companies or corporations held as an invest<pc force="weak">-</pc><lb break="no" />ment, or in any way representing assets, together with all other personal property belonging or pertaining to said bank, except such personal<pb n="418" ed="gammelslawsoftexas" /><pb ed="unknown" n="112" /><fw type="header" place="top">Laws of the State of Texas.</fw>property as is specially exempted from taxation by the laws of the United States.</p>
<p>3rd; National banks shall be required to render all of their real estate, as other real estate is rendered, and all the personal property of said Na<pc force="weak">-</pc><lb break="no" />tional banks herein taxed shall be valued as other personal property is valued.</p>
<p>4th; All other banks, bankers, brokers or dealers in exchange, or stock jobbers, shall render their list in the manner following: 1st, the amount, of money on hand, or in transit, or in the hands of other banks, bankers, brokers, or others subject to draft, whether the same be in or out of the State (except United States Treasury notes;) 2nd, the amount of bills receivable, discounted or purchased, and other credits due or to become due, including accounts receivable, interest accrued but not due, and in<pc force="weak">-</pc><lb break="no" />terest due and unpaid; 3rd, from the aggregate amount of the items named in the 1st and 2nd of the last two subdivisions shall be deducted the amount of money on deposit; 4th, the amount of bonds and stocks of every kind (except United States bonds,) and all shares of capital stocks or joint stocks of other companies or corporations held as an in<pc force="weak">-</pc><lb break="no" />vestment, or in any way representing assets; 5th, all other property be<pc force="weak">-</pc><lb break="no" />longing or appertaining to said bank or business, including both personal property and real estate, shall be listed as other personal property and real estate.</p>
<p>Sec. 2. Whereas, the assessors are now assessing taxes for 1883, and, whereas, the present law defining how National and other banks shall be taxed is very defective, therefore an imperative public necessity exists, requiring the suspension of the constitutional rule, which requires bills to be read on three several days in each house, and the same is hereby sus<pc force="weak">-</pc><lb break="no" />pended, and that this act take effect and be in force from and after its passage; and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect from passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CIX.</head>
<opener>
<salute>An Act to authorize the council of certain cities and towns to appoint a board of school trustees.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the city council of every city or town of one thousand inhabitants or more, incorporated under the general law, that has or shall assume control of its public free schools, may appoint six persons of good moral character and qualified voters of such city or town, as a board of trustees for such schools of which board the mayor shall be ex officio chairman.</p>
<p>Sec. 2. A trustee so appointed shall serve without compensation and shall hold office for the term of three years, or until his successor is qual<pc force="weak">-</pc><lb break="no" />ified, and an appointment to fill a vacancy shall be for the unexpired term only. But the terms of two of the trustees first appointed under this act, shall expire on the first Tuesday in April after their appointment, and two on the first Tuesday in April of each succeeding year.</p>
<p>Sec. 3. Before any trustee enters upon the discharge of the duties of his office, he shall swear that he will faithfully and impartially discharge the duties of such office and file such affidavit with the mayor.</p>
<pb n="419" ed="gammelslawsoftexas" /><pb ed="unknown" n="113" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 4. Said board of trustees may adopt such rules, regulations and by laws for their own government as they may deem proper.</p>
<p>Sec. 5. The public free schools of such city or town, shall be under the control and supervision of such board of trustees, and said board when appointed shall have the same power to control, manage and gov<pc force="weak">-</pc><lb break="no" />ern said schools that the city council or board of aldermen now have.</p>
<p>Sec. 6. The near approach of the close of the session, creates a public necessity and emergency demanding the suspension of the constitutional rule requiring a bill to be read on three several days, and such rule is hereby suspended.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CX.</head>
<opener>
<salute>An Act to amend Title 32, Chapter 17, of the Revised Statutes of the State of Texas by adding thereto Articles 1639a and 1639b.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Title 32, Chapter 17, of the Revised Civil Statutes of the State of Texas be amended by adding thereto Articles 1639a and 1639b to read as follows, to wit:</p>
<p>Article 1639a. Where the appellant is unable to pay the costs of ap<pc force="weak">-</pc><lb break="no" />peal, or to give security therefor, he shall nevertheless be entitled to prosecute his appeal; but, in order to do so, he shall be required to make strict proof of his inability to pay the costs, or any part thereof. Such proof shall be made before the county judge of the county where such party resides, or before the court trying the same, and shall consist of the affidavit of said party, stating his inability to pay the costs, which affidavit may be contested by any officer of the court, or party to the suit; whereupon it shall be the duty of the court trying the case, if in session, or the county judge of the county, in which suit is pending, to hear evidence, and to determine the right of the party to his appeal.</p>
<p>Art. 1639b. When the bond, or the affidavit in lieu thereof, provided for in the two preceding articles, has been filed, and the previous re<pc force="weak">-</pc><lb break="no" />quirements of this chapter have been complied with, the appeal shall be held to be perfected.</p>
<closer>
<dateline>Approved <date>April 14, 1883.</date></dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CXI.</head>
<opener>
<salute>An Act authorizing the refunding from the State Treasury from deposits made to special funds to parties who may have paid the same in error, and who may have received no consideration therefor.</salute>
</opener>
<p>Whereas it appears that sundry payments have been made into the State treasury on public domain, and other classes of lands, for which, be<pc force="weak">-</pc><lb break="no" />cause of conflicts, erroneous surveys and other causes, the Commissioner of the General Land Office cannot issue patents, and the parties cannot<pb n="420" ed="gammelslawsoftexas" /><pb ed="unknown" n="114" /><fw type="header" place="top">Laws of the State of Texas.</fw>receive proper consideration for such payments, and will lose their mon<pc force="weak">-</pc><lb break="no" />eys: therefore</p>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That upon proper proof being made to the Comptroller that deposits have been made to any special funds of moneys paid by parties for which deposits and payments, no patents for lands can be issued for which such payment may have been or may hereafter be made, the Comptroller is authorized to issue his warrant in favor of such parties, for such amount, as may be found to be due: provided, that this act shall not apply to sur<pc force="weak">-</pc><lb break="no" />veys, the errors in which may be corrected.</p>
<p>Sec. 2. The near approach of the close of the present session of the Legislature creates an imperative public necessity and emergency for the suspension of the constitutional rule requiring bills to be read on three several days, and that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 14, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect from passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CXII.</head>
<opener>
<salute>An Act to amend Section 10 of An Act to organize the 12th, 16th, 17th, 29th, 34th, and 35th judicial districts and to fix the time of holding the courts therein, to change the time for holding the district courts in the 7th and 14th judicial districts and in counties of Kaufman, Sabine, San Augustine and Nacogdoches, and to provide a district attorney in the 16th judicial district, approved March 27th, 1883.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That Section 10 of the above recited act shall be so amended that the same shall hereafter read as follows:</p>
<p>Section 10. The sixteenth judicial district shall be composed of the counties of Williamson and Travis and the district courts shall be held therein as follows: In the county of Williamson on the first Mondays in July and January of each year and may continue in session six weeks; and in the county of Travis on the first Monday in March and October of each year and may continue in session for the March term sixteen weeks, and for the October term twelve weeks and that this act take effect and be in force from and after the first Monday in August 1883.</p>
<p>Sec. 2. The near approach of the end of this session of the Legislature creates an imperative necessity that the rule requiring bills to be read on three several days be suspended as to this act and said rule is sus<pc force="weak">-</pc><lb break="no" />pended.</p>
<closer>
<dateline>Approved <date>April 14, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect first Monday in August 1883.</p>
</div2>
<pb n="421" ed="gammelslawsoftexas" /><pb ed="unknown" n="115" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<div2 type="act">
<head type="main">CHAPTER CXIII.</head>
<opener>
<salute>An Act to amend Article 430, of Section 1, and to repeal Section 2 of an Act entitled &#8220;An Act to amend Articles 423, 424, 425, 426, 427, 428, 42.9 and 430a, and to create Article 426&#189;, and to repeal Article 430, of Chapter 5, Title 13, of the Penal Code of the Revised Statutes, for the protection of fish, and game,&#8221; approved March 15th, 1881.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That Article 430, of Section 1, of an act entitled &#8220;An Act to amend, articles 423, 424, 425, 426, 427, 428, 429 and 430a, and to create Article 426&#189;, and to repeal Article 430, of Chapter 5, Title 13, of the Penal Code of the Revised Statutes, for the protection of fish and game,&#8221; approved March 15th, 1881, be amended so as to read as follows:</p>
<p>Article 430. That the following counties are hereby exempted from the provisions of articles 426, 426&#189;, 427, 428 and 429 of this chapter, to<pc force="weak">-</pc><lb break="no" />wit: Nacogdoches, Hood, Bosque, Somervell, Lampasas, Sabine, San Augustine, Shelby, Titus, Franklin, Delta, Red River, Hunt, Henderson, Rains, Wood, Coryell, Hamilton, Brown, Coleman, Runnels, Johnson, Cooke, Morris, Rusk, Panola, Grayson, Leon, Wise, Montague, Clay, Parker, Tarrant, Jack, and the unorganized counties attached to the same for judicial purposes; Ellis, Anderson, Tom Green, Hill, Freestone; Cher<pc force="weak">-</pc><lb break="no" />okee, Bowie, Stephens, Eastland, Erath, Comanche, Palo Pinto, Madison, Austin, Hopkins, Throckmorton, Shackelford, Callahan, Taylor, Jones, Nolan, Mitchell, Haskell, Stonewall, Kent, Garza, Lynn, Terry, Yoakum, Gaines, Dawson, Borden, Scurry, Fisher, Howard, Martin, Andrews, Archer, Wichita, Baylor, Wheeler, Oldham, Knox, King, Dickens, Cros<pc force="weak">-</pc><lb break="no" />by, Lubbock, Hockley, Cochran, Bailey, Lamb, Hale; Floyd, Motley, Cottle, Wilbarger, Childress, Hall, Briscoe, Swisher, Castro, Parmer, Greer, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Gray, Carson, Potter, Hutchinson, Hartley, Moore, Roberts, Hemphill, Lips<pc force="weak">-</pc><lb break="no" />comb, Ochiltree, Hansford, Sherman, Hardeman, Dallam, Smith, Upshur, Cass, El Paso, Presidio, Pecos, Polk, San Jacinto; Camp, Frio; Dimmit, Maverick, Kinney, Cameron, and the unorganized county of Zavalla; provided, that the exemptions from the operations of this law shall not apply to article 425, and provided, that the counties of Fort Bend, Grimes, Angelina, Van Zandt, Walker, Trinity, Parker, Jack, and Young are hereby exempted from articles 425, 426, 426&#189;, 427, 428 and 429; and provided, that the county of Houston is hereby exempted from the pro<pc force="weak">-</pc><lb break="no" />visions of articles 426, 426&#189;, 427, and 429 of this act; and provided, that the counties of Lamar, Fannin and Hopkins are hereby exempted from the provisions of articles 426 and 426&#189;; and provided, that the county of Lee is hereby exempted from the provisions of articles 426 and 429; and provided, that the counties of Bastrop and Brazoria, are hereby exempted from the provisions of article 429; and provided, that the county of Dal<pc force="weak">-</pc><lb break="no" />las is hereby exempted from the provisions of articles 428 and 429; and provided, that the county of Kaufman is hereby exempted from the pro<pc force="weak">-</pc><lb break="no" />visions of articles 428 and 429; and provided, that the county of Marion is hereby exempted from the provisions of articles 426, 426&#189;, 427, 428, and 429; and provided, that the county of Gonzales is hereby exempted from the provisions of articles 426, 426&#189;, 437, and 428; and provided, that the county of Rockwall is hereby exempted from the provisions of articles 425 and 427.</p>
<pb n="422" ed="gammelslawsoftexas" /><pb ed="unknown" n="116" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Sec. 2. That section 2 of said act be and the same is hereby repealed.</p>
<p>Sec. 3. The near approach of the close of the session, and the best in<pc force="weak">-</pc><lb break="no" />terests of the State create an imperative public necessity that the con<pc force="weak">-</pc><lb break="no" />stitutional rule requiring bills to be read on three several days be sus<pc force="weak">-</pc><lb break="no" />pended, and that this act take effect and be in force from and after its passage, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 18, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CXIV.</head>
<opener>
<salute>An Act to provide for the more efficient manage<pc force="weak">-</pc><lb break="no" />meat of the Texas State Penitentiaries, and to make an appropriation therefor.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas, That the Penitentiary Board shall hereafter consist of the Governor and two Commissioners of State Penitentiaries, to be appointed by the Gov<pc force="weak">-</pc><lb break="no" />ernor, with the advice and consent of the Senate; provided, the first ap<pc force="weak">-</pc><lb break="no" />pointment, after this act goes into effect, may be made without confirma<pc force="weak">-</pc><lb break="no" />tion by the Senate. Said commissioners shall hold their office for two years and until the appointment and qualification of their successors: and in case of a vacancy in said office the same shall be filled by execu<pc force="weak">-</pc><lb break="no" />tive appointment for the unexpired term. Said commissioners shall each receive five dollars per day while in attendance on the meetings of the board, and their actual traveling expenses. Two members thereof shall constitute a quorum for the transaction of business.</p>
<p>Sec. 2. It shall be the duty of the Comptroller of Public Accounts to draw his warrant on the Treasurer for all sums due by the State, on ac<pc force="weak">-</pc><lb break="no" />count of the penitentiaries, upon the certificate of the Superintendent of Penitentiaries, approved by the Penitentiary Board; provided, that the Penitentiary Board may make monthly estimates of the expenses of the penitentiaries; in which case the Comptroller shall issue his warrant for such amount in favor of said Superintendent, and he shall file with the Comptroller at the end of the month for which such estimate is made, vouchers for all payments made out of such amount; provided further, that the Penitentiary Board shall appoint a financial agent for the peni<pc force="weak">-</pc><lb break="no" />tentiaries; and, in that event, said financial agent shall exercise the pow<pc force="weak">-</pc><lb break="no" />ers and perform the duties prescribed in this section, for the Superinten<pc force="weak">-</pc><lb break="no" />dent of Penitentiaries, and said financial agent shall receive such compen<pc force="weak">-</pc><lb break="no" />sation, not to exceed three thousand dollars per annum, and discharge such other duties as may be prescribed by said board.</p>
<p>Sec. 3. No lease of the penitentiaries, or either of them, shall here<pc force="weak">-</pc><lb break="no" />after be made, and the State shall resume control thereof; and, for the purpose of resuming control of the penitentiaries and operating the con<pc force="weak">-</pc><lb break="no" />victs on State account, or by contract, or partly by one mode, and partly by the other, as the board herein provided for, or the Legislature may de<pc force="weak">-</pc><lb break="no" />termine.</p>
<p>Sec. 4. It shall be the duty of the Penitentiary Board to confine all convicts within the walls of the penitentiaries as soon as suitable prisons can be provided for their confinement and employment in such manner that they will be self-supporting: and, until adequate provision is made<pb n="423" ed="gammelslawsoftexas" /><pb ed="unknown" n="117" /><fw type="header" place="top">Laws of the State of Texas.</fw>for such confinement and employment of the convicts, they may be em<pc force="weak">-</pc><lb break="no" />ployed as provided in Section 3 of this act; provided, that convicts shall not be employed on any public works other than building a reformatory, or other penitentiaries, nor at any mechanical labor outside of the walls, in any city or town; provided further, that the Penitentiary Board may at any time, if they deem it advisable, purchase a penitentiary farm or farms, upon which all convicts, not self-supporting, may be worked by the Slate.</p>
<p>Sec. 5. The superintendent of penitentiaries, before entering upon the duties of his office, shall execute a bond for twenty thousand dollars, payable to the Governor and his successors in office, to be approved by the Penitentiary Board, conditioned for the faithful performance of the duties of his office; and the Penitentiary Board may, when in their judg<pc force="weak">-</pc><lb break="no" />ment the public interest will be promoted thereby, require any of the sub<pc force="weak">-</pc><lb break="no" />ordinate officers of the penitentiary to give bond in such amount and with such conditions as may be prescribed by the board: provided, that that the superintendent of penitentiaries in office, when this act shall take effect, shall have sixty days after said date in which to give bond as re<pc force="weak">-</pc><lb break="no" />quired in this section.</p>
<p>Sec. 6. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.</p>
<p>Sec. 7. The near approach of the end of the session, and the great number of bills requiring attention, creates an emergency, and an imper<pc force="weak">-</pc><lb break="no" />ative public necessity exists for the suspension of the constitutional rule requiring bills to be read on three several days, and that this act take effect and be in force from and after its passage; and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 18, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect, after passage.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CXV.</head>
<opener>
<salute>An Act to provide for the payment of the expenses of attached witnesses in felony cases.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That any witness who may have been recognized, or attached and given bond for his appearance before any court out of the county of his resi<pc force="weak">-</pc><lb break="no" />dence, to give testimony in a felony case and who shall appear in com<pc force="weak">-</pc><lb break="no" />pliance with the obligations of such recognizance or bond, shall be al<pc force="weak">-</pc><lb break="no" />lowed his actual traveling expenses, not exceeding three cents per mile going to and returning from the court by the nearest practicable con<pc force="weak">-</pc><lb break="no" />veyance and one dollar per day for each day he may be necessarily ab<pc force="weak">-</pc><lb break="no" />sent from home as a witness in such case.</p>
<p>Sec. 2. Witness fees shall be allowed to such State witnesses only as the district or county attorney shall state in writing are material for the State, and to witnesses for the defendant after he has made affidavit that the testimony of the witness is material to his defense, stating the facts which are expected to be proved by the witness, which certificate and af<pc force="weak">-</pc><lb break="no" />fidavit must be made at the time of procuring the attachment for, or taking the recognizance of the witness; provided that the judge to whom an application for attachment is made may in his discretion grant or re<pc force="weak">-</pc><lb break="no" />fuse such application when presented in term time. No attachment<pb n="424" ed="gammelslawsoftexas" /><pb ed="unknown" n="118" /><fw type="header" place="top">Laws of the State of Texas.</fw>shall be issued in a felony case, until the State&#8217;s attorney shall have first, made the statement in writing, or the defendant shall have made the affi<pc force="weak">-</pc><lb break="no" />davit, which will authorize the payment of the witness to be attached.</p>
<p>Sec. 3. Before the close of each term of the district court the witness<pc force="weak">-</pc><lb break="no" />shall make affidavit in writing stating the number of miles he will have traveled going to and returning from the court by the nearest practica<pc force="weak">-</pc><lb break="no" />ble conveyance, and the number of days he will have been necessarily absent going to and returning from the place of trial, which affidavit shall be filed with the papers of the case; provided no witness shall receive pay for his services as a witness in more than one case at any one term of the court; provided further, that fees shall not be allowed to more than two witnesses to the same fact, unless the judge of the court before whom the cause is tried shall after such case shall have been disposed of, certify that such witnesses claiming fees as herein provided were neces<pc force="weak">-</pc><lb break="no" />sary in the cause, nor shall any witness recognized or attached for the purpose of proving the general character of the defendant be entitled to the benefits hereof.</p>
<p>Sec. 4. It shall be the duty of the district or criminal judge when any such bill is presented to him, to examine the same carefully and to inquire into the correctness thereof, and to approve the same in whole or in part, or to disapprove the entire bill, as the facts and law may require and said bill with the action of the judge thereon shall be entered on the minutes of said court; and immediately on the rising of said court, it shall be the duty of the clerk thereof, to make a certified copy from the minutes of said court, of said bill, and the action of the judge thereon, and transmit the same by mail in registered letter to the Comptroller of Public accounts for which service the clerk shall be entitled to a fee of twenty-five cents to be paid by the witness.</p>
<p>Sec. 5. It shall be the duty of the Comptroller, upon the receipt of such claim and said certified copy of the minutes of said court, to care<pc force="weak">-</pc><lb break="no" />fully examine the same, and if correct to draw his warrant on the State Treasurer for the amount due, and in favor of the witness entitled to the<pc force="weak">-</pc><lb break="no" />same; provided, if the appropriation for paying such accounts is ex<pc force="weak">-</pc><lb break="no" />hausted, the Comptroller shall file the same away if correct, and issue a certificate in the name of the witness entitled to the same, stating therein the amount of the claim; and all such claims or accounts, not transmit<pc force="weak">-</pc><lb break="no" />ted to, or placed on file in the office of the Comptroller of Public Ac<pc force="weak">-</pc><lb break="no" />counts, within twelve months from the date of the final disposition of the case in which the witness was attached or recognized to testify shall be forever barred; and all laws and parts of laws in conflict with the provisions of this bill are hereby repealed.</p>
<closer>
<dateline>Approved <date>April 23, 1883</date>.</dateline>
</closer>
</div2>
<div2 type="addendum">
<p>Takes effect ninety days after adjournment.</p>
</div2>
<div2 type="act">
<head type="main">CHAPTER CXVI.</head>
<opener>
<salute>An Act making an appropriation for the support. of the State Government, for the years beginning March 1, 1883, and ending February 28, 1885.</salute>
</opener>
<p>Section 1. Be it enacted by the Legislature of the State of Texas: That the following sums of money, or so much thereof as may be neces<pc force="weak">-</pc><lb break="no" /><pb n="425" ed="gammelslawsoftexas" /><pb ed="unknown" n="119" /><fw type="header" place="top">Laws of the State of Texas.</fw>sary, be and the same are hereby appropriated out of any moneys in the Treasury not otherwise appropriated, for the support of the State Gov<pc force="weak">-</pc><lb break="no" />ernment for the years beginning March 1, 1883, and ending February 28, 1885.</p>
<div3 type="section">
<head type="main">Executive Office.</head>
<p>Year ending Feby 29, 1884</p>
<p>Year ending Feby 28,1885</p>
<p>For salary of Governor.......... $4000 $4000</p>
<p>Salary of Private Secretary.......... 1500 1500</p>
<p>Salary of clerk.......... 900 900</p>
<p>Books and stationery.......... 300 300</p>
<p>Telegraphing.......... 600 600</p>
<p>Postage.......... 200 200</p>
<p>Porter hire, Executive Office.......... 500 500</p>
<p>Labor to keep Executive mansion grounds in order, and other contingent expenses for same.......... 600 600</p>
<p>For wood, lights, etc.......... 200 200</p>
<p>Gas for mansion.......... 250 250</p>
<p>Payment of rewards, and for paying attorneys for prosecuting offenders against the laws of this State; for representing the State in civil causes, and for necessary expenses of such civil suits, to be under control and paid upon warrants issued on certificates of the Governor.......... 15000 15000</p>
<p>Furniture and contingents for the Executive Of<pc force="weak">-</pc><lb break="no" />fice.......... 300</p>
<p>Keeping Governor&#8217;s mansion in repair, and tele<pc force="weak">-</pc><lb break="no" />phone.......... 500 500 Sewerage for Executive mansion, to connect with proposed sewerage for temporary capitol.......... 1200</p>
</div3>
<div3 type="section">
<head type="main">State Department.</head>
<p>For salary of Secretary of State.......... 2000 2000</p>
<p>Salary of Chief Clerk.......... 1800 1800</p>
<p>For salary of two assistant clerks........... 2400 2400</p>
<p>Salary of extra clerks to prepare laws of Eigh<pc force="weak">-</pc><lb break="no" />teenth Legislature for publication.......... 300</p>
<p>Freight, express and postage 1700 1700</p>
<p>Books and stationery.......... 400 400</p>
<p>Lights and wood 125 125</p>
<p>Contingent expenses 100 100</p>
<p>Porter hire, State department 360 360</p>
<p>Furniture, files, file boxes, etc.......... 250</p>
<p>Salary of expert and clerk of the printing board.. 1500 1500</p>
<p>Public printing.......... 25000 25000.</p>
<p>For completing the transcribing of the Executive Record of the administration of Governor Sam Houston, or so much thereof as may be necessary. 250</p>
<p>To pay for advertising and submitting constitu<pc force="weak">-</pc><lb break="no" />tional amendments, or so much, thereof as may be necessary.......... 20000</p>
<p>For salary of State Engineer for the management of railroads.......... 3000 3000</p>
<pb n="426" ed="gammelslawsoftexas" /><pb ed="unknown" n="120" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Far salary of State Engineer&#8217;s secretary.......... $1500 $1500 For other expenses incident to the Railroad Engi<pc force="weak">-</pc><lb break="no" />neer&#8217;s department.......... 1000 1000</p>
</div3>
<div3 type="section">
<head type="main">Treasury Department.</head>
<p>For salary of Treasurer.......... 2500 2500</p>
<p>Salary of Chief Clerk.......... 2000 2000</p>
<p>Salary of book-keeper.......... 1500 1500</p>
<p>Salary of two book-keepers, land department.......... 3000 3000</p>
<p>Salary of one assistant book-keeper, land depart<pc force="weak">-</pc><lb break="no" />ment........... 1200 1200</p>
<p>Salary of three additional clerks.......... 3600 3600</p>
<p>Salary of three watchmen for Treasurer&#8217;s and Comptroller&#8217;s department.......... 2100 2100</p>
<p>Salary of porter and messenger.......... 600 600</p>
<p>To construct one additional vault, to contain silver coin........... 1000</p>
<p>Books and stationery.......... 400 400</p>
<p>Wood and lights.......... 150 150</p>
<p>Postage.......... 300 300</p>
<p>Contingent.......... 100 100</p>
<p>Desks, cases, etc.......... 100 100</p>
<p>Keeping in repair time locks and combinations... 50 50</p>
<p>Additional appropriation for clerical help in land department, to be used when the condition of the office requires it.......... 2500 2500</p>
</div3>
<div3 type="section">
<head type="main">Comptroller&#8217;s Office.</head>
<p>For salary of Comptroller.......... 2500 2500</p>
<p>Salary of Chief Clerk.......... 2000 2000</p>
<p>Salary of correspondence clerk.... 1500 1500</p>
<p>Salary of one auditing clerk.......... 1500 1500</p>
<p>Salary of one book-keeper.......... 1800 1800</p>
<p>Salary of one receiving clerk.......... 1800 1800</p>
<p>Salary of one deposit warrant clerk.......... 1500 1500</p>
<p>Salary of one tax clerk.......... 1800 1800</p>
<p>Salary of one tax sales clerk.......... s 1500</p>
<p>Salary of one back tax clerk.......... 1500 1500</p>
<p>Salary of redemption clerk.......... 1500 1500</p>
<p>Salary of one examining clerk.......... 1500 1500</p>
<p>Salary of one warrant clerk.......... 1800 1800</p>
<p>Salary of ten first assistant clerks 14000 14000</p>
<p>Salary of six second assistant, clerks.......... 7200 7200</p>
<p>Salary of assistant clerks, at an average of $75 per month.......... 10800 10800</p>
<p>Wood.......... 250 250</p>
<p>For telegraphing, postage for correspondence and assessment rolls.......... 3000 3000</p>
<p>Books, stationery, and binding rolls, and contin<pc force="weak">-</pc><lb break="no" />gent expenses.......... 2000 2000</p>
<pb n="427" ed="gammelslawsoftexas" /><pb ed="unknown" n="121" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Porter and messenger hire $400 $400</p>
</div3>
<div3 type="section">
<head type="main">General Land Office.</head>
<p>For salary of Commissioner.......... 2500 2500</p>
<p>Salary of Chief Clerk.......... 2000 2000</p>
<p>Salary of Spanish clerk.......... 1800 1800</p>
<p>Salary of receiving clerk.......... 2000 2000</p>
<p>salary of examining clerk.......... 1500 1500</p>
<p>Salary or calculator.......... 1500 1500</p>
<p>Salary of first assistant clerk.......... 1500 1500</p>
<p>Salary of two filing clerks.......... 2400 2400</p>
<p>Salary of two corresponding clerks.......... 3000 3000</p>
<p>Salary of first patenting clerk.......... 1500 1500</p>
<p>Salary of fourteen assistant clerks.......... 16800 16800</p>
<p>Salary of chief draftsman.......... 1800 1800</p>
<p>Salary of twelve compiling draftsmen.......... 18000 18000</p>
<p>Salary of one draftsman for compiling county maps 1500 1500</p>
<p>Salary of one abstract clerk.......... 1500 1500</p>
<p>One corresponding clerk for school land........... 1500 1500</p>
<p>One book-keeper.......... 1500 1500</p>
<p>One assistant book-keeper.......... 1200 1200</p>
<p>For one additional clerk.......... 1000 1000</p>
<p>(The above appropriation to be used only in case no land bureau or board is created by the Legisla<pc force="weak">-</pc><lb break="no" />ture.)</p>
<p>Salary of one night watchman.......... 600 600</p>
<p>salary of one porter.......... 360 360</p>
<p>Stationery, books and furniture.......... 3000 3000</p>
<p>Postage........... 900 900</p>
<p>Wood.......... 250 250</p>
<p>Contingent expenses.......... 100 100</p>
<p>Lithographic maps.......... 2000 2000</p>
<p>Making fire-proof ceiling and repairs in General Land Office, including $6000, heretofore appro<pc force="weak">-</pc><lb break="no" />priated.......... 7000 7000</p>
<p>Telephone........... 60 60</p>
</div3>
<div3 type="section">
<head type="main">Department of Insurance, etc.</head>
<p>For salary of Commissioner.......... 2000 2000</p>
<p>Salary of Chief Clerk and Librarian.......... 1800 1800</p>
<p>Salary of assistant clerk.......... 1500 1500</p>
<p>Salary of one assistant clerk.......... 1000 1000</p>
<p>Porter hire.... 300 300</p>
<p>Office furniture.......... 500</p>
<p>Stationery, postage, printing, fuel, lights, expres<pc force="weak">-</pc><lb break="no" />sage and binding boobs for public library.......... 600 600</p>
<p>Purchasing books for public library.......... 3000 3000</p>
<p>The purchase of one hundred and sixty sets of the ten volumes of the Southern Historical Society<pb n="428" ed="gammelslawsoftexas" /><pb ed="unknown" n="122" /><fw type="header" place="top">Laws of the State of Texas.</fw>papers, to be distributed by the Commissioner of Insurance Statistics and History, one set to each organized county, and the other to public libraries of the various State institutions.......... $5000</p>
<p>Subscriptions for newspapers for public library, and binding same........... 200 $200</p>
<p>Two night watchmen for Capitol grounds and buildings.......... 1200 1200</p>
<p>Labor upon public grounds, and taking care of pub<pc force="weak">-</pc><lb break="no" />lic buildings, shrubbery within the Capitol en<pc force="weak">-</pc><lb break="no" />closure and State Cemetery.......... 600 600</p>
<p>Procuring and transporting to Washington City, a stone from a Texas quarry, appropriately in<pc force="weak">-</pc><lb break="no" />scribed and contributed to the Washington Mon<pc force="weak">-</pc><lb break="no" />ument in the name of the State of Texas, by Com<pc force="weak">-</pc><lb break="no" />missioner of Insurance, Statistics and History.. 100</p>
<p>Dissemination of statistical information in the va<pc force="weak">-</pc><lb break="no" />rious States, and in foreign countries in regard to climate, soil and resources of Texas, to be applied to books already published, as well as those now being published.......... 2500 2500</p>
</div3>
<div3 type="section">
<head type="main">Commissioner of Fish.</head>
<p>For salary of Commissioner.......... 1500 1500</p>
<p>Water supply for fish ponds.......... 500 500</p>
<p>Hire of competent assistants.......... 1200 1200</p>
<p>Hire of laborers.......... 300 300</p>
<p>Traveling expenses.......... 300 300</p>
<p>Stationery, postage and telegrams.......... 100 100</p>
<p>Construction, of additional fish ponds and purchase of land, to be approved by the Governor.......... 1000</p>
<p>Propagation and distribution of fish.......... 700 700</p>
<p>incidental expenses.......... 100 100</p>
</div3>
<div3 type="section">
<head type="main">Adjutant General.</head>
<p>For salary of Adjutant General.......... 2000 2000</p>
<p>Salary of Chief Clerk.......... 1200 1200</p>
<p>For stationery, postage and telegraph.......... 200 200</p>
<p>Handling and transportation of arms ammunition, etc........... 500 500</p>
<p>Repairs of arms.......... 150 150</p>
<p>Porter hire (this porter does service for Adjutant General and Board of Education)........... 300 300</p>
<p>Fuel and incidental expenses.......... 200 200</p>
<p>The protection, of the frontier and suppression of lawlessness and crime.......... 75000 75000</p>
<p>Adjutant General&#8217;s expenses as inspector of arms and troops.......... 300 300</p>
<p>To pay for services of militia companies in case they are called into actual service under the law,<pb n="429" ed="gammelslawsoftexas" /><pb ed="unknown" n="123" /><fw type="header" place="top">Laws of the State of Texas.</fw>payment to be made by the Governor.......... $1000 $1000</p>
</div3>
<div3 type="section">
<head type="main">Attorney General.</head>
<p>For salary of Attorney General.......... 2000 2000</p>
<p>Salary 0f Assistant Attorney General.......... 2000 2000</p>
<p>Salary of Chief Clerk.......... 1800 1800</p>
<p>Salary of other law clerk.......... 1500 1500</p>
<p>Attorney General&#8217;s fees in felony cases.......... 1500 1500</p>
<p>Traveling expenses of Assistant Attorney General. 1000 1000</p>
<p>Stationery.......... 200 200</p>
<p>Postage 300 300</p>
<p>Telegraphing 100 100</p>
<p>Contingent expenses.......... 100 100</p>
<p>Fuel and lights 100 100</p>
<p>Furniture for office and for repairs.......... 110 110</p>
<p>Purchasing law books and current law literature... 500 500</p>
<p>Payment of costs, depositions, etc.......... 300 300</p>
<p>Pay of porter, to act as messenger.......... 300 300</p>
</div3>
<div3 type="section">
<head type="main">Judicial Department.</head>
<div4 type="section">
<head type="main">Supreme Court.</head>
<p>For salary of three judges.......... 10650 10650</p>
<p>Furniture for judges and court room 800 300</p>
<p>Postage and contingent 750 750</p>
<p>Books and stationery.......... 600 600</p>
<p>Fuel and lights 500 500</p>
<p>Porter hire.......... 450 450</p>
<p>Sheriffs attendance.......... 300 300</p>
<p>Clerk Supreme Court at Austin, ex officio librarian 750 750</p>
<p>Clerk Supreme Court at Tyler, ex officio librarian. 300 300</p>
<p>Clerk Supreme Court at Galveston, ex officio libra<pc force="weak">-</pc><lb break="no" />rian.......... 300 300</p>
<p>Pigeon hole cases and boxes in court room tempo<pc force="weak">-</pc><lb break="no" />rary capital, to hold over 9500 transcripts now on hand.......... 550</p>
<p>Iron safe for record books, including the $200 here<pc force="weak">-</pc><lb break="no" />tofore appropriated.......... 425</p>
<p>Books and shelving for Supreme Court library.... 2000 1200</p>
<p>Pay of costs in Supreme Court in civil cases, in which said costs are adjudged against the State 100 100</p>
</div4>
</div3>
<div3 type="section">
<head type="main">Court of Appeals.</head>
<p>For salary of three judges.......... 10650 10650</p>
<p>Pay of clerk&#8217;s fees, criminal costs.......... 4000 4000</p>
<p>Pay of sheriffs or bailiffs attendance on court.... 300 300</p>
<p>Postage and contingent expenses.......... 600 600</p>
<p>Fuel and lights.......... 500 500</p>
<p>Porter hire 450 450</p>
<pb n="430" ed="gammelslawsoftexas" /><pb ed="unknown" n="124" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Law books to be selected by the presiding judge.. $500 $500</p>
<p>Record books, stationery and furniture.......... 1000 700</p>
<p>Purchase of one large iron safe.......... 300</p>
<p>For pay of costs in civil cases when adjudged against the State.......... 100 100</p>
</div3>
<div3 type="section">
<head type="main">Commissioners of Appeals.</head>
<p>For salary of three judges.......... 10650 10650</p>
<p>Furniture for judges and court room.......... 400</p>
<p>Postage and contingent.......... 500 500</p>
<p>Fuel and lights.......... 250 250</p>
<p>Porter hire.......... 300 300</p>
</div3>
<div3 type="section">
<head type="main">General Expenses Judicial Department.</head>
<p>For the payment of fees and costs of sheriffs, clerks, district and county attorneys in felony cases.... 210000 210000</p>
<p>Pay of thirty-eight district judges.......... 95000 95000</p>
<p>Salary of judge of criminal district court, Galves<pc force="weak">-</pc><lb break="no" />tan and Houston.......... 2500 2500</p>
<p>Salary of district attorneys.......... 12000 12000</p>
<p>Salary of distinct attorney, criminal district courts of Harris and Galveston counties........... 500 500</p>
<p>Salary of special district judges.......... 5000 5000</p>
<p>Publishing supreme Court reports.......... 8000 8000</p>
<p>Publishing Court of Appeals reports.......... 8000 8000</p>
<p>To reimburse the appellant and his bondsmen in the &#8220;Mercer Colony Case&#8221; in the event said bond has to be paid, on warrant of the Governor........... 2000</p>
</div3>
<div3 type="section">
<head type="main">Deaf and Dumb Asylum.</head>
<p>For pay of Superintendent.......... 2000 2000</p>
<p>Pay of Principal.......... 1000 1000</p>
<p>Pay of articulation teacher.......... 900 900</p>
<p>Pay of second teacher.......... 600 600</p>
<p>Pay of five additional teachers.......... 2400</p>
<p>Pay of six additional teachers.......... 2880</p>
<p>Pay of steward and secretary.......... 600 600</p>
<p>Pay of matron.......... 420 420</p>
<p>Pay of assistant matron.......... 360 360</p>
<p>Pay of night watchman.......... 360 360</p>
<p>Pay of farmer and gardner.......... 300 300</p>
<p>Pay of assistant farmer and gardner and dairyman.......... 240 240</p>
<p>Pay of three washers and ironers.......... 540</p>
<p>Pay of four washers and ironers.......... 720</p>
<p>Pay of chief cook.......... 240 240</p>
<p>Pay of assistant cook.......... 216 216</p>
<p>Pay of laborers.......... 180 316</p>
<pb n="431" ed="gammelslawsoftexas" /><pb ed="unknown" n="125" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Pay of monitor of boys.......... $120 $120</p>
<p>Pay of monitress of girls.......... 120 120</p>
<p>Pay of expert in printing.......... 1000 1000</p>
<p>Pay of expert in book binding.......... 750 750</p>
<p>Pay of expert in shoemaking.......... 600 600</p>
<p>Supplies of provisions, etc.......... 16000 18000</p>
<p>Replacing unserviceable Redding, stoves, farming implements, etc.......... 2000</p>
<p>Finishing building, as set forth in plan of architect in exhibit.......... 59046</p>
<p>Replacing old, worn out unserviceable fence, etc.. 2750</p>
<p>Purchase clothing for indigent pupils.......... 500 500</p>
<p>Furnishing new building when completed.......... 3000</p>
<p>Purchasing tract of about twenty-five acres adjoin<pc force="weak">-</pc><lb break="no" />ing the present tract.......... 2000</p>
<p>Rebuilding stable recently destroyed by fire.......... 500</p>
</div3>
<div3 type="section">
<head type="main">Lunatic Asylum.</head>
<p>For salary of Superintendent.......... 2000 2000</p>
<p>Salary of assistant physician.......... 1500 1500</p>
<p>Salary of second assistant physician.......... 750 1000</p>
<p>Salary of apothecary.......... 450 600</p>
<p>For salary of book-keeper.......... 600 600</p>
<p>Salary of steward.......... 900 900</p>
<p>Salary of matron.......... 400 400</p>
<p>Salary of assistant matron.......... 270 360</p>
<p>Salary of male and female attendants.......... 8530 9600</p>
<p>Salary of seven seamstresses.......... 1680 1680</p>
<p>Salary of seven laundresses.......... 1680 1680</p>
<p>Salary of four watchmen.......... 1440 1440</p>
<p>Salary of one gardener.......... 360 360</p>
<p>Salary of one scavenger.......... 200 200</p>
<p>Salary of one chief cook.......... 360 360</p>
<p>Salary of three assistant cooks.......... 660 720</p>
<p>Salary of one carpenter.......... 360 360</p>
<p>Salary of one baker.......... 480 480</p>
<p>Salary of three farm laborers 550 600</p>
<p>Salary of one-engineer.......... 750 1000</p>
<p>Salary of two firemen.......... 360 480</p>
<p>Medical stores.......... 1500 1800</p>
<p>Dry goods, Redding and clothing.......... 8500 9400</p>
<p>Groceries, provisions and wood.......... 80000 96000</p>
<p>Forage.......... 1400 1400</p>
<p>Repairs and fencing.......... 5000</p>
<p>Transportation of patients.......... 2000 2000</p>
<p>Contingent expenses.......... 600 600</p>
<p>One male supervisor.......... 420 420</p>
<p>One female supervisor.......... 360 360</p>
</div3>
<div3 type="section">
<head type="main">Institution for the Blind.</head>
<p>For salary of superintendent.......... 2000 2000</p>
<pb n="432" ed="gammelslawsoftexas" /><pb ed="unknown" n="126" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Salaries of school, music and shop teachers.......... $6000 $7000</p>
<p>Salary of matron and nurse.......... 400 400</p>
<p>Salary of assistant matron and nurse.......... 300 300</p>
<p>Salary of teacher of sewing and seamstress.......... 300 300</p>
<p>Salary of oculist.......... 600 600</p>
<p>Salary of cook and assistants.......... 500 600</p>
<p>Salary of three laundresses.......... 500 600</p>
<p>Night watchman.......... 360 360</p>
<p>Groceries, provisions and miscellaneous.......... 16000 18000</p>
<p>Purchase of clothing for indigent pupils.......... 500 500</p>
<p>Repair fund.......... 1500 1500</p>
<p>Book-keeper and steward.......... 500 500</p>
<p>Transportation and miscellaneous expenses for in<pc force="weak">-</pc><lb break="no" />digent pupils.......... 600 1000</p>
<p>Sewerage.......... 600</p>
<p>One pipe organ.......... 2000</p>
<p>Fixing fire hydrant and pipe..........</p>
<p>To pay for heating apparatus including the sum of $2500 appropriated, which was not expended. 3500</p>
</div3>
<div3 type="section">
<head type="main">To Pay Veterans Under Special Acts Granting Them Pensions.</head>
<p>To I. N. Alsbury.......... 100 100</p>
<p>Dillard Cooper.......... 250 250</p>
<p>R. M. Davis.......... 100 100</p>
<p>John Day.......... 100 100</p>
<p>J. E. Field........... 200 200</p>
<p>J. W. Nichols.......... 100 100</p>
<p>H. M. Smith.......... 250 250</p>
<p>J. B. Thacher.......... 100 100</p>
<p>D. T. Webb.......... 100 100</p>
<p>Mrs. S. L. Cole, widow of David Cole.......... 100 100</p>
</div3>
<div3 type="section">
<head type="main">Department of Education.</head>
<div4 type="section">
<head type="main">Public Schools.</head>
<p>For salary of Secretary Board of Education.......... 2000 2000</p>
<p>For support of Sam Houston Normal School for fiscal year ending Aug. 11, 1885.......... 18000 18000</p>
<p>(Above to be paid out of general revenue.)</p>
<p>For payment of teachers to be employed by the State Board of Education for the purpose of teaching a summer normal school in each Sena<pc force="weak">-</pc><lb break="no" />torial district for white, and each Congressional district for colored teachers.......... 6000 6000</p>
<p>Purchase of philosopical, physiological and astro<pc force="weak">-</pc><lb break="no" />nomical apparatus, for Sam Houston Normal In<pc force="weak">-</pc><lb break="no" />tute to be paid out of general revenue.......... 1500 1500</p>
<p>Purchase of library for Sam Houston Normal In<pc force="weak">-</pc><lb break="no" />stitute, to be paid out of general revenue.......... 1000 1000</p>
<p>Support of the public free schools for the years<pb n="433" ed="gammelslawsoftexas" /><pb ed="unknown" n="127" /><fw type="header" place="top">Laws of the State of Texas.</fw>ending Aug. 31, 1884 and 1885, the one dollar poll tax levied for school purposes, and one<pc force="weak">-</pc><lb break="no" />fourth of all the general revenues that may be collected, exclusive of cost of collection; and all the interest on the permanent school fund in<pc force="weak">-</pc><lb break="no" />cluding bonds and other interest bearing indebt<pc force="weak">-</pc><lb break="no" />edness now or hereafter belonging to said perma<pc force="weak">-</pc><lb break="no" />nent school fund.</p>
</div4>
</div3>
<div3 type="section">
<head type="main">State University.</head>
<p>For support, establishment and maintenance of the State University, erection of buildings and pur<pc force="weak">-</pc><lb break="no" />chase of all accessories necessary, to be under control of the Board of Regents, all the availa<pc force="weak">-</pc><lb break="no" />ble University fund on hand or accruing, as far as may be necessary, in the judgment of the re<pc force="weak">-</pc><lb break="no" />gents for both years, except such sums as are herein otherwise appropriated.</p>
<p>For surveying and designating one million acres of land for the State University, and one million acres of land for the permanent School fund, the land, to be selected and surveyed under the direc<pc force="weak">-</pc><lb break="no" />tion of the Commissioner of the General Land Office, the expenses to be paid on his warrant upon the State Treasurer, one half to be paid out of the available University fund, and one half to be paid out of the available School fund.......... $5000</p>
</div3>
<div3 type="section">
<head type="main">A. and M. College.</head>
<p>For the support and maintenance of the Agricul<pc force="weak">-</pc><lb break="no" />tural and Mechanical College, to be expended as follows:</p>
<p>For the year 1883, out of the general revenue.... 30000</p>
<p>For the year 1884, out of the university fund.......... $10000</p>
</div3>
<div3 type="section">
<head type="main">Prairie View Normal School.</head>
<p>For support of Prairie View Normal School, for the years ending August 31, 1884 and August 31, 1885, inclusive of the amount appropriated by act of April 19, 1879, entitled &#8220;An Act to pro<pc force="weak">-</pc><lb break="no" />vide for the organization and support of a nor<pc force="weak">-</pc><lb break="no" />mal school at Prairie View (formerly called Alta Vista), in Waller county, for the preparation of colored teachers.......... 7500 7500</p>
<p>Building school room out of the general revenue.. 800</p>
<p>Recovering dormitory male department.......... 500</p>
<p>Recitation and reception room 40x30.......... 2000</p>
<p>Library aparatus, etc.......... 500</p>
<pb n="434" ed="gammelslawsoftexas" /><pb ed="unknown" n="128" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Lamps, stores, etc........... $300</p>
<p>Wagon, two horses and harness.......... 300</p>
<p>Enlarging and furnishing laundry.......... 500</p>
<p>Furniture for new house.......... 200</p>
<p>Fencing pasture and farm.......... 500</p>
</div3>
<div3 type="section">
<head type="main">(Out of general revenue.)</head>
<p>Extra allowance to increase facilities for the ac<pc force="weak">-</pc><lb break="no" />commodation and preparation of colored teach<pc force="weak">-</pc><lb break="no" />ers to be expended under the direction of the Board of Directors of the A. and M. College. For year ending February 29th 1884........... 2500</p>
<p>For year ending February 28th 1885.......... $2500</p>
</div3>
<div3 type="section">
<head type="main">Quarantine.</head>
<p>For pay of Health Officer and miscellaneous pur<pc force="weak">-</pc><lb break="no" />poses, and to meet contingencies that cannot be classified.......... 35000 35000</p>
<p>Building and equipment of quarantine stations... 10000 10000</p>
<p>Purchase of steam tug for quarantine purposes... 15000</p>
</div3>
<div3 type="section">
<head type="main">Penitentiary.</head>
<p>For conveying prisoners from counties where con<pc force="weak">-</pc><lb break="no" />victed to penitentiary under contract.......... 30000 30000</p>
<p>Purchase of library for Rusk Penitentiary.......... 500</p>
<p>To enable Penitentiary Board to settle with lessees in case of resumption.......... 50000</p>
<p>To enable the State to resume control of the peni<pc force="weak">-</pc><lb break="no" />tentiaries, and to operate them on State account, or by contract, and to confine as many convicts as practicable within the walls, all the proceeds of the penitentiaries and $50,000 out of the gen<pc force="weak">-</pc><lb break="no" />eral revenue for each year, ending respectively, February 29, 1884, and February 28, 1885.......... 50000 50000 Approved April 16th, 1883.</p>
</div3>
<div3 type="section">
<head type="main">Payment of Public Debt.</head>
<div4 type="section">
<head type="main">I. Unmatured Bonds.</head>
<p>For annual interest on State bonds now outstand<pc force="weak">-</pc><lb break="no" />ing..........244,062 20</p>
<p>Annual sinking fund.......... 80,754 60</p>
</div4>
<div4 type="section">
<head type="main">II. Matured Bonds.</head>
<p>For principal on five per cent State bonds belong<pc force="weak">-</pc><lb break="no" />ing to the University fund, issued in 1866 for money borrowed from University fund, now ma<pc force="weak">-</pc><lb break="no" />tured and due.......... 134,472 26</p>
<p>Interest due and unpaid on said bonds, belonging to the University fund as follows: Interest be<pc force="weak">-</pc><lb break="no" />fore adoption of Constitution of 1876, belonging to permanent University fund.......... 62,473 58</p>
<pb n="435" ed="gammelslawsoftexas" /><pb ed="unknown" n="129" /><fw type="header" place="top">Laws of the State of Texas.</fw>
<p>Interest from 1876 to 1883, belonging to available University fund. ($45,104.57) to be paid out of that half of the proceeds of the sale of the pub<pc force="weak">-</pc><lb break="no" />lic lands not belonging to the common School fund, as provided by Act of February 23, 1883..$45,104 57</p>
<p>Principal and interest of bonds due common School fund, as validated by an act, passed at this ses<pc force="weak">-</pc><lb break="no" />sion of the Eighteen Legislature, entitled &#8220;An Act to provide for the payment of certain debts of the State, out of that half of the proceeds of the sale of public lands not belonging to the common School fund,&#8221; to be paid out of the fund provided by said Act, viz: Principal..........402,535 95 Interest..........179,538 09</p>
</div4>
</div3>
<div3 type="section">
<head type="main">Capitol Building Commission.</head>
<p>For salary of Commissioners.......... 3600 $3600</p>
<p>Salary of Superintendent.......... 2500 2500</p>
<p>Salary of Secretary.......... 1800 1800</p>
<p>Constructing an office on Capitol grounds for Com<pc force="weak">-</pc><lb break="no" />missioners, Superintendent and Secretary, one room to contain a vault for plans, records, etc. 1000</p>
<p>Furniture for office.......... 150</p>
<p>Books, stationery and postage.......... 300 300</p>
<p>Fuel and lights.......... 100 100</p>
<p>Compensation of designing architect and contin<pc force="weak">-</pc><lb break="no" />gent expenses in connection with, the building of the new capitol, the amount of each expendi<pc force="weak">-</pc><lb break="no" />ture to be determined by the Governor, and paid on his order.......... 2000 2000</p>
</div3>
<div3 type="section">
<head type="main">Miscellaneous.</head>
<p>Pay for stands, pipes and fixtures for temporary capitol, amount due water-works company.......... 726 05</p>
<p>Purchase of the Alamo church lot and building, to be paid on order of the Governor when perfect title is duly executed to the State of Texas, there<pc force="weak">-</pc><lb break="no" />for, to be approved by the Governor.......... 20000</p>
<p>Purchase and erection of monument, over the graves of the veterans who fell at Goliad.......... 1500</p>
<p>Purchase and erection of monument over the graves of the veterans who fell at Refugio.......... 1000</p>
<p>Purchase of the ground where the graves of the fallen heroes of the battle of San Jacinto are now situated........... 1500</p>
<p>For the erection of a monument over the graves of the Dawson heroes.......... 1000</p>
<p>The four last named appropriations to be ex<pc force="weak">-</pc><lb break="no" />pended under the direction and upon the vouchers of the county judges and treasurers of the several<pb n="436" ed="gammelslawsoftexas" /><pb ed="unknown" n="130" /><fw type="header" place="top">Laws of the State of Texas.</fw>counties where the same are intended to apply. Drainage for Temporary Capitol.......... $150</p>
<p>Tile foundation drain, 1260 three inch tiles, laying same and replacing surface drain at 3c.......... 139 80</p>
<p>Additional length of waste pipe.......... 10</p>
<p>757&#8531; square yards of cement pavement at $2 per yard.......... 1514 66</p>
<p>2122&#8531; yards of rough casting, at 30c.......... 636 70</p>
<p>Painting inside and cut stone.......... 380</p>
<p>Hard finish, 12,980 square yards, inside walls.... 778 80</p>
<p>250 feet of 1.2-2 inch hose, at 70c per foot.......... 175</p>
<p>270 feet of 2 inch pipe at 60c per foot.......... 160</p>
<p>520 feet of fencing, iron, at $5 per foot.......... 2600</p>
<p>Laying and cost of sufficient eight inch petrified clay pipe, say $1.00 per foot.......... 3400</p>
<p>Planting fifty trees, and repairs on sidewalk.......... 100</p>
<p>Thirty-four wash, basins, at $15 each.......... 510</p>
<p>Urinals and pipe fixtures.......... 300</p>
<p>To pay pensions to veterans, under act or Eight<pc force="weak">-</pc><lb break="no" />eenth Legislature.......... 45000 $45000</p>
<p>Sec. 2. The near approach of the close of this session, and the fact that the State Government is without any appropriation for its support, creates an imperative public necessity that the constitutional rule requir<pc force="weak">-</pc><lb break="no" />ing this bill to be read on three several days be suspended, and it is so enacted.</p>
<closer>
<dateline>Approved <date>April 23, 1883</date>.</dateline>
</closer>
</div3>
<div3 type="addendum">
<p>Takes effect from passage.</p>
</div3>
</div2>
</div1>
</body>
</text>