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GENERAL LAWS OF TEXAS.

THIRTY-FIRST LEGISLATURE, 1909.

APPROPRIATIONS—MILEAGE AND PER DIEM OF MEMBERS

THIRTY-FIRST LEGISLATURE.

CHAPTER 1. S. B. No. 1.] An Act appropriating one hundred and twenty thousand dollars, ($120,000.00)

or so much thereof as may be necessary, out of the general revenue, to pay the mileage and per diem of members and per diem of officers and employes of the Thirty-first Legislature, and declaring an emergency. Be it enacted by the Legislature of the State of Texas :

SECTION 1. That the sum of one hundred and twenty thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of the general revenue not otherwise appropriated, to pay the mileage and per diem of members and per diem of officers and employes of the Thirty-first Legislature.

SEC. 2. The fact that no revenue is available for the purpose set forth in section one of this Act, constitutes an emergency and an imperative necessity, that the Constitutional rule requiring bills to be read on three several days be suspended, and that this Act take effect from and after its passage, and it is so enacied.

[NOTE.—The enrolled bill shows that the foregoing Act passed the Senate by a two-thirds vote, yeas 31, nays 0); and passed the House by a two-thirds vote, yeas 127, nays 0.]

Approved January 15, 1909.
Became a law Jaruary 15, 1909.

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APPROPRIATIONS CONTINGENT EXPENSES THIRTY

FIRST LEGISLATURE.

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S. B. No. 2.]

CHAPTER 2. An Act appropriating the sum of twenty thousand dollars ($20,000.00) or

much thereof as may be necessary out of the general revenue to pay the con

tingent expenses of the Thirty-first Legislature and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That the sum of twenty thousand dollars ($20,000.00) or so much thereof as may be necessary is hereby appropriated out of the general revenue not otherwise appropriated to pay the contingent expenses of the Thirty-first Legislature.

SEC. 2. The fact that no revenue is available for the purpose set forth in section one of this act, constitutes an emergency and an imperative necessity that the Constitutional rule requiring bills to be read on three several days be suspended and that this Act take effect from and after its passage and it is so enacted.

[NOTE.—The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 30, nays 0; and passed the House by the following vote, yeas 127, nays 0.]

Approved January 15, 1909.
Became a law January 15, 1909.

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APPROPRIATIONS—MILEAGE AND PER DIEM OF PRESI

DENTIAL ELECTORS OF TEXAS, 1909.
S. B. No. 47.]

CHAPTER 3.
An Act making appropriation to pay the mileage and per diem of the Presidential

Electors of Texas for the year 1909 and declaring an emergency.
Be it enacted by the Legislature of the State of Tecas:

SECTION 1. That the sum of sixteen hundred and fifty dollars, ($1650.00) or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated, to pay mileage and per diem of the Presidential Electors.

Sec. 2. That the certificate of the Secretary of the College, stating the number of days that the College was in session, shall be sufficient authority to the Comptroller to draw his warrant upon the Treasurer for the amount due each elector.

SEC. 3. Whereas the Electoral College has already met and performed its service, as required by law, public policy demands that they shall be paid and an emergency exists and necessarily demands that the Constitutional rule requiring bills to be read on three several days be suspended and that this Act take effect from and after its passage, and it is so enacted.

[NOTE.—The enrolled bill shows that the foregoing Act passed the Senate by a two-thirds vote, yeas 28, nays 0; and passed the House by the following vote, yeas 130, nays 0.]

Approved January 18, 1909.
Became a law January 18, 1909.

COURTS-TWENTY-EIGHTH JUDICIAL DISTRICT.

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H. B. No. 210.]

CHAPTER 4.
An Act to reorganize the 28th Judicial District of the State of Texas, to fix the

times for holding the terms of court therein; and to repeal all laws and parts

of laws in conflict therewith, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. The Twenty-eighth Judicial District of the State of Texas shall be composed of the counties of Cameron, Hidalgo, Starr, Duval and

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Nueces, and the district court shall be begun and held in said counties as follows: In the county of Cameron on the first Monday in March and October of each year, and may continue in session six weeks; in the county of Hidalgo, on the sixth Monday after the first Monday in March and October of each year and may continue in session three weeks; in the county of Starr on the ninth Monday after the first Monday in March and October of each year, and may continue in session three weeks; in the county of Duval, on the twelfth Monday after the first Monday in March and October of each year, and may continue in session two weeks; and in the county of Nueces, on the fourteenth Monday after the first Monday in October and may continue in session four weeks, and on the fourteenth Monday after the first Monday in March and may continue in session until the business is disposed of.

SEC. 2. All process, writs and bonds issued or executed prior to the taking effect of this Act, and returnable to the terms of said court, as heretofore fixed by law in the several counties composing the said district, are hereby made returnable to the terms of said court in the said several counties as fixed by this Act; and all process heretofore returned, as well as all bonds and recognizances heretofore entered into, in any of said courts, shall be as valid and binding as if no change had been made by this Act in the time of holding said terms of court.

SEC. 3. All laws and parts of laws in conflict with this Act are hereby repealed.

SEC. 4. The crowded condition of the dockets in said district creates an imperative public necessity demanding the suspension of the Constitutional rule requiring bills to be read on three several days in each House and said rule is now here suspended, and that this Act shall take effect and be in force from and after its passage; and it is so enacted.

[NOTE.—The enrolled bill shows that the foregoing Act passed the House by the following vote, yeas 124, nays 0; and passed the Senate by the following vote, yeas 28, nays 0.]

Approved January 26, 1909.
Became a law January 26, 1909.

COURTS-CONSTITUTING DALLAS COUNTY THE FOURTEENTH, FORTY-FOURTH AND SIXTY-EIGHTH

JUDICIAL DISTRICTS.

S. B. No. 23.]

CHAPTER 5. An Act constituting Dallas county the Fourteenth, Forty-fourth and Sixty:

eighth Judicial Districts; Providing for the present judges of the Fourteenth and Forty-fourth Judicial Districts to continue to hold their offices for the term for which they were elected, the appointment of a suitable person by the Governor as judge of the Sixty-eighth Judicial District to hold until the next general election; that said courts shall not exercise criminal jurisdiction and shall exercise concurrent jurisdiction in all civil cases and proceedings of which district courts are given jurisdiction by the Constitution and laws of the State; that the present District Clerk of Dallas county shall continue to hold his office for the term for which he is elected, and providing for filling vacancy should one occur in said office; providing for making up a docket for the Sixty-eighth Judicial District Court from the dockets of the other two courts, equalizing the dockets of the three courts as near as may be; prescribing how cases shall be numbered and filed in the several courts; repealing all laws and parts of laws in conflict herewith; and declaring an emer

gency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Dallas county shall constitute the Fourteenth Judicial District.

SEC. 2. Dallas county shall constitute the Forty-fourth Judicial District.

SEC. 5. Dallas county shall constitute the Sixty-eighth Judicial District.

SEC. 4. The judges of the Fourteenth and Forty-fourth Judicial Districts as heretofore existing, shall be and remain the judges of the respective courts, as provided for in this Act, until the expiration of their respective terms of office to which they were elected and until their successors are elected and qualified.

The Governor shall appoint a suitable person as judge of the Sixtyeighth Judicial District Court as herein constituted, who shall hold such office until the next general election and until his successor shall have been elected and qualified. The judges of said courts shall thereafter be elected as provided by the Constitution and laws of the State for election of district judges.

SEC. 5. The terms of court of the Fourteenth and Forty-fourth Judicial Districts shall be held as now provided by law. The terms of court of the Sixty-eighth Judicial District shall be held as follows: Beginning on the first Mondays in February, May, September and December of each year, and may continue until the business thereof is disposed of.

Sec. 6. The said district courts of Dallas county shall not have nor exercise any criminal jurisdiction, such criminal jurisdiction having been by law exclusively vested in a criminal district court. Said courts shall have and exercise concurrent jurisdiction in all civil cases, proceedings and matters of which district courts are given jurisdiction by the Constitution and laws of the State.

Sec. 7. The Clerk of the District Court of Dallas county, as heretofore existing, shall be and remain the clerk for each of said district courts, as well as the criminal district court of said county, and shall hold his office until his successor is elected and qualified; provided, however, in case of vacancy by death, resignation or removal, his successor shall be appointed by a majority of the judges of said three district courts, and the judge of the criminal district court, acting together; and in case they fail to make an appointment within twenty days after such vacancy is created, then such appointment shall be made by the Commissioners Court of Dallas county.

SEC. 8. When this act takes effect the Clerk of the District Court of Dallas county shall make up a docket for the district court of the Sixtyeighth Judicial District by placing thereon consecutively and alternately every third case from the dockets of the Fourteenth and Forty-fourth Judicial District Courts, then pending, beginning with the third case on the docket of the fourteenth district court, then taking the third case from the docket of the forty-fourth district court, and in the same order continuing through said dockets until all the cases thereon are exhausted and the dockets of the three courts are equalized as near as may be; provided that no case then on trial in either of said courts nor any case pending on appeal shall be transferred to the docket of the sixty-eighth district court. The cases so transferred shall bear the same docket numbers as in the court from which they are transferred. The judges of the fourteenth and forty-fourth judicial district courts respectively shall make proper orders transferring from said courts to the court of the sixty-eighth judicial district the cases which shall have been placed upon the docket of the latter court in pursuance of this Act.

Sec. 9. The clerk shall place upon the clocket and the court papers, opposite the number of each case remaining on the docket of the District Court for the Fourteenth Judicial District the letter A; and shall place upon the docket and the court papers, opposite the number of each case remaining on the docket of the Forty-fourth Judicial District Court, the letter B; and shall place upon the docket and the court papers, opposite the number of each case transferred to the docket of the Sixtyeighth District Court, the letter C. And this requirement shall also be observed as to all new cases filed in either of said courts, so that the letter A opposite the file number shall indicate that the case pends in the Fourteenth Judicial District Court: the letter B opposite the file number shall indicate that the case pends in the Forty-fourth Judicial District Court, and the letter Copposite the file number shall indicate that the case pends in the Sixty-eighth Judicial District Court. Sec. 10. All

cases, prosecutions and proceedings thereafter filed with said clerk shall by him be entered upon the dockets of said courts alternately, beginning with the fourteenth district court, next the fortyfourth district court, and third the sixty-eighth district court, and so continuing in this order, that the business may be equally distributed among said courts, and numbering said cases consecutively, beginning with the last file number on said dockets.

SEC. 11. Either of said judges may at his discretion, transfer any

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