Page images
PDF
EPUB

provisions of this Act has exclusive original or appellate jurisdiction, and it shall be the duty of the clerk of the district court of said county, within thirty days from the passage of this Act, to make a full and complete transcript of all orders on the dockets and minutes of cases now pending before said district court, of which cases by the terms of this Act exclusive jurisdiction is given to said county court, and he shall deliver said transcript together with the original papers and certified bill of costs to the clerk of said county court, and the said county clerk shall enter said cases on the docket for trial by said county clerk (court).

SEC. 7. The county court of said county shall hereafter hold its regular terms for civil and criminal business on the third Monday in February, and on the third Monday in May, and on the third Monday in September, and on the third Monday in November, and shall continue in session for three weeks, and process heretofore issued from the district court of said county in cases to be transferred by this Act to the County Court of Ochiltree county shall be returnable to the first term of the county court held after this Act shall go into effect, and all cases transferred shall be entered as appearance cases upon the dockets of said county court.

SEC. 8. The County Court of Ochiltree county shall have as now the general jurisdiction appertaining to probate courts for the probate of wills, appointment of guardians of minors, idiots, lunatics, persons non compos mentis and common drunkards, and for the issuance of letters testamentary and administration, settlements of accounts of administrators and guardians and the settlement and distribution of decedents' estates, and the apprenticeship of minors, and all necessary powers conferred by law on courts of probate.

SEC. 9. All laws and parts of laws in conflict with the provisions of this Act in so far as they relate to Ochiltree county are hereby repealed. Sec. 10. Whereas, the County Court of Ochiltree county is without

. the jurisdiction necessary for the just and proper administration of the laws, and the want of such jurisdiction is causing delay of justice in said county, creates an emergency and imperative public necessity requiring the suspension of the Constitutional rule requiring bills to be read on three several days, and said rule is therefore suspended, and it is enacted that this Act shall take effect and be in force from and after its passage, and it is so enacted.

Approved March 19, 1909.
Takes effect ninety days after adjournment.

STOCK LAWS-AMENDMENT AS TO ARANSAS COUNTY.

H. B. No. 269.]

CHAPTER 64. An Act to repeal Article 5001, Title 102, Revised Civil Statutes of the State of

Texas of 1895, as amended by Chapter LXXX of the Acts of the Twentyeighth Legislature, and as amended by Chapter 3 of the Twenty-ninth Legislature, relating to the prevention of hogs, sheep and goats from running at

large; and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Article 5001, Title 102, of the Revised Civil Statutes of the State of Texas of 1895, as amended by Chapter LXXX of the Acts of the Twenty-eighth Legislature, and as amended by Chapter 3, of the Twenty-ninih Legislature, be and ihe same is hereby repealed.

SEC. 2. The fact that the county of Aransas, where a stock law is absolutely necessary, was embraced in Article 5001 of the Revised Civil Statutes of the State of Texas of 1895, and in the Acts of the Twentyeighth and Twenty-ninth Legislatures exempting certain counties from the operation of Chapter 5, Title 102 of the Revised Civil Statutes of the State of Texas, 1895, and the fact that there is now no law in said county to determine whether sheep, hogs and goats shall be permitted to run at large in said county, or in any subdivision thereof, create an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended, and that

his Act take effect and be in force from and after its passage, and it is so enacted.

Approved March 19, 1909.
Takes cffect ninety days after adjournment.

GAME-RELATING TO SALE OF SQUIRRELS IN MONT

GOMERY COUNTY.

H. B. No. 290.]

CHAPTER 65. An Act to amend Section 2, Chapter LXIII of the General Laws of the State of

Texas, passed by Thirtieth Legislature relating to the sale or offer of sale or to the shipment for sale in the county of Montgomery of any squirrels, and

providing a penalty, and declaring an emergency. Be it enacted by the Legislature of the State of Texas :

SECTION 1. That Section 2, Chapter LXIII of the General Laws of the State of Texas, passed by the Thirtieth Legislature, making it unlawful for any person to sell or offer for sale or to ship for sale in the county of Montgomery any fresh water fish or squirrels, be amended so as to hereafter read as follows:

Section 2. It shall be unlawful for any person to sell or offer for sale or ship for sale in the said county of Montgomery, any squirrels, and any person violating the provisions of this Section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five ($25) dollars nor more than one hundred ($100) dollars.

SEC. 3 [?]. The fact that under the fish and game law for Montgomery county, as it now exists, prevents the selling or shipment of fresh water fish caught with the ordinary hook and line, and the fact that the citizens of said county desire such laws as to fresh water fish repealed, create an emergency and an imperative public necessity that the Constitutional rule providing that bills be read on three several days in each House be suspended, and that this Act take effect and be in force from and after its passage, and it is so cnacted,

Approved March 19, 1909.
Takes effect ninety days after adjournment.

WOLVES-PROVIDING FOR DESTRUCTION OF.

H. B. No. 542.]

CHAPTER 66. An Act to amend Section 4 of Chapter 86 of the Acts of the Twenty-eighth

Legislature, relating to wolves and other wild animals, and providing for the destruction thereof, as amended by the Thirtieth Legislature; placing Potter

county under the provisions of this law, and declaring an emergency: Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Section 4 of Chapter 86 of the Acts of the Twentyeighth Legislature be so amended as to hereafter read as follows:

[Section 1.) Provided, that the provisions of this Act shall not apply to the following counties: Armstrong, Archer, Angelina, Anderson, Austin, Atascosa, Bee, Briscoe, Bailey, Baylor, Bowie, Brazos, Burleson, Brazoria, Bastrop, Besar, Bell, Carson, Collingsworth, Castro, Childress, (ottle, Cass, C'amp, Cherokee, Chambers, Colorado, Caldwell, Coryell, Cooke, ('omanche, Comal, Cameron, Collin, Dallas, Deaf Smith, Donley, Dickens, Delta, Denton, Delitt, Dimmit, Ellis, Erath, Eastland, Floyd, Foard, Franklin, Favette, Falls, Frio, Fannin, Freestone, Galveston, Grayson, Grimes, Gonzales, Guadalupe, Goliad, Gray, Gregg, IIill, Hood. Ilamilton, Hars, Hidalgo, Hansford, Hartley, Hutchinson, Hemphill, Hale, Haskell, Hardeman, Hall, Hopkins, Harrison, Hardin, Harris, Houston, Henderson, Hunt, Jasper, Jefferson, Johnson, Jack, Jones, Knox, King, Kaufman, Karnes, Lipscomb, Lamb, Lamar, Liberty, Limestone, Leon, Lee, Lavaca, La Salle, Live Oak, Moore, Motley, Matagorda, Milan, McLennan, Montague, McMullen, Morris, Marion, Vadison, Montgomery, Jason, Nacogdoches, Navarro, Newton, Nueces, Orange, Ochiltres, *Oldham, Parmer, Panola, Polk, Parker, Palo Pinto, Reil River, Rockwall, Rains, Robertsoir, Roberts, Randall, Rusk, Sherman, Swisher, Stonewall, Smith, Shelby, San Jacinto, San Patricio, San Augustine, Sabine, Somervell, Stephens, Shackelford, Starr, Tarrant, Titus, Tyler, Travis, Throckmorton. Upshur, Van Zandt, Wood, Walker, Washington, Wichita, Wilbarger, Wharton, Wise, Wilson, Webb, Wheeler, Young and Zapata.

SEC. 2. The fact that a great number of sheep, goats, poultry, cattle and other stock are being destroyed by wolves in Potter county and the farmers of this county have no protection against the depredations of wild animals as mentioned in this Act, creates an emergency and an

imperative public necessity requiring the suspension of the Constitutional rule requiring bills to be read on three several days, which rule is hereby suspended, and that this Act take effect from and after its passage, and it is so enacted.

Approved March 19, 1909.
Takes effect ninety days after adjournment.

INTOXICATING LIQUORS-TO PROHIBIT GIVING TO PER

SONS UNDER AGE OF TWENTY-ONE YEARS. H. B. No. 232.]

CHAPTER 67. An Act to prohibit the giving or delivery of any spirituous, vinous, malt or in

toxicating liquors to any person under the age of twenty-one years whether consigned to such person or other persons, without the written consent of the parent or guardian of such minor, and to prohibit the causing of or being concerned in any such gift or delivery, and to prohibit the agents of any express company or common carrier or the agent or employee of any other person, firm or corporation from making such gift or delivery or causing the same to be done, or being concerned therein, and providing penalties therefor,

and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That any person who shall give or deliver, or cause to be given or delivered, or be in any way concerned in the gift, or delivery of any spirituous, vinous, malt or intoxicating liquors to any person under the age of twenty-one years, whether consigned to such person or to some other person, without the written consent of the parent or guardian of such person who is under the age of twenty-one years, shall be guilty of a misdemeanor, and upon conviction therefor shall be fined not less than twenty-five ($25.00) nor more than one hundred ($100.00) dollars; and any person who as agent for or employed by an express company or other common carrier, or who, as agent for or employee of any other person, firm or corporation, delivers or causes to be delivered any spirituous, vinous, malt or intoxicating liquors to any person under the age of twenty-one years, whether consigned to such person or to some other person, without the written consent of the parent or guardian of such minor, shall be guilty of a misdemeanor, and shall be punished upon conviction therefor by a fine of not less than twenty-five ($25.00) nor more than one hundred ($100.00) dollars.

Sec. 2. The fact that there is now no adequate law on the statute books prohibiting the giving and delivery of intoxicating liquors to minors, creates an emergency and an imperative public 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 House, the vote not given; and passed the Senate by a two-thirds vote, yeas 24, nays 0.]

Approved March 19, 1909.
Takes effect ninety days after adjournment.

COURTS-CHANGING TIMES OF DISTRICT COURT IN CAMP,

UPSHUR AND SMITH COUNTIES. H. B. No. 360.1

CHAPTER 68. An Act to amend An Act of the Thirtieth Legislature entitled “An Act to re

organize the Fifth Judicial District and the Seventh Judicial District of Texas and prescribing the time of holding court in the counties composing said districts, and validating process and providing an emergency,” approved April 15, 1907, so as to change terms and times of holding court in Camp, Upshur and Smith counties, and validating process, etc., and repealing all laws and

parts of laws in conflict with this Act. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Section 2 of the above and before recited Act be and the same is hereby amended so as to hereafter read as follows, to-wit:

Section 2. The Seventh Judicial District shall be composed of the counties of Upshur, Smith, Van Zandt, Wood and Camp; and the district courts therein shall be held as follows: In the county of Smith on the first Mondays in February and September in each year and may continue in session six (6) weeks. In the county of Van Zandt on the sixth Monday after the first Monday in February and September of each year, and may continue in session four (4) weeks. In the county of Wood, on the tenth (10) Monday after the first Monday in February an: September of each year and may continue in session for four (4) weeks. In the county of Camp on the fourteenth Monday after the first Monday in February and may continue in session three (3) weeks, and on the fourteenth Monday after the first Monday in September of each year, and may continue in session for two (2) weeks.

In the county of Upshur, on the first Monday in January and on the seventeenth Monday after the first Monday in February of each year, and may continue in session for four weeks.

In the county of Smith on the twenty-first Monday after the first Monday in February of each year, and may continue in session until the business is disposed of, provided the term is not to extend beyond August the thirty-first.

SEC. 2. Be it further enacted that Section 3 of said before recited Act be so amended as to read as follows, to-wit:

Section 3. That all process, writs, and bonds issued or executed prior or subsequent to the taking effect of this Act and returnable to the terms of said courts as heretofore fixed by law in the several counties comprising the said Seventh Judicial District is hereby made returnable to the terms of said courts in the several counties as fixed in this Act, and all process heretofore returned as well as all bonds and recognizances heretofore entered into or hereafter entered into after this Act takes effect in any of said courts shall be as valid and binding as if no change had been made in the time of holding said courts.

Sec. 3. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

Approved March 19, 1909.
Takes effect ninety days after adjournment.

« PreviousContinue »