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same is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Approved March 20, 1909.

Takes effect ninety days after adjournment.

SUITS ENABLING LUNATICS, IDIOTS, ETC., TO SUE
BY NEXT FRIEND.

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An Act to amend Articles 3498u, 3498v, 3498w and 3498x, Title 72, Chapter 1 of the Revised Civil Statutes of the State of Texas so as to embrace within its provisions lunatics, idiots and persons non compos mentis, in addition to minors as now embraced therein, and declaring an emergency.

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

SECTION 1. That Articles 3498u, 3498v, 3498w and 3498x, Title 72, Chapter 1 of the Revised Civil Statutes of the State of Texas be so amended as hereafter to read as follows:

Article 3498u. Any minor, lunatic, idiot or non-compos mentis having a sufficient cause of action, and who has no legal guardian, can bring suit in any of the courts of this State by next friend, and such next friend shall have the same rights concerning such suit and the matter therein involved as if he were guardian of such minor, lunatic, idiot or non compos mentis; provided, he shall not be relieved from giving security for costs or affidavit in lieu thereof, and cannot collect the proceeds of any moneyed judgment he may recover, except as herein specified.

Article 3498v. Such next friend or the attorney of record of such minor, lunatic, idiot or non compos mentis may enter into such agreed judgment or compromise in such suit as the court may approve, and the decree entered upon such agreement or compromise, when approved by the court shall be forever binding on said minor, lunatic, idiot or non compos mentis, and can divest title out of the minor, lunatic, idiot, or non compos mentis or vested [vest it] in such minor, lunatic, idiot or .non compos mentis, when the court is satisfied such decree is for the best interest of the minor, lunatic, idiot or non compos mentis, under all circumstances; and the court may hear evidence touching upon such agreement or compromise before approving the same.

Article 3498w. Whenever in any suit in this State any minor, lunatic, idiot or non compos mentis recovers a personal judgment for noney or other personal property in which the interest of the said minor, lunatic, idiot, non compos mentis does not exceed the value of five hundred dollars and said minor, lunatic, idiot or non compos mentis has no guardian, such next friend or any person authorized by the court to do so by an order entered upon record, may take charge of said money or property for the benefit of said minor, lunatic, idiot or non compos mentis upon giving bond in such sum as shall be ordered by the court, which shall not be less than double the value of the property, conditioned that he will pay over said money and lawful interest thereon and deliver said property and its increase to the minor when he becomes of age or to the

lunatic, idiot, or non compos mentis when he is restored to sanity or to the legally qualified guardian of such persons when demanded, and that he will pay or deliver the same to such person appointed by the court when ordered by the court to do so, and that he will use such money or property for the benefit of the minor, lunatic, idiot or non compos mentis as ordered by the court. It is provided further that the terms of this Article shall apply to all money or other personal property now in the hands of the clerks of the courts of this State, belonging to such persons; provided further that in any such case without regard to the amount involved the judge of the court in which the judgment is rendered shall have authority upon an application and hearing in term time or vacation to provide by decree for an investment of the funds accruing under such judgment as he may deem adviseable and to the best interest of the beneficiary or beneficiaries. If such decree shall be made in vacation, it shall be recorded in the minutes of the succeeding term of the court.

[Article] 3498x. Such person who takes such money or property shall receive no fees or commissions for caring for or handling the same, but shall receive such compensation for caring for or handling the same as may be allowed by the court, and shall make such disposition thereof at all times as the court may order, and he may be required to return such money or property into court upon the order of the court when the court may make such further disposition of the same as is deemed best for the minor, lunatic, idiot, or non compos mentis.

SEC. 2. The fact that there is now no adequate law covering this and the fact that there is now money in the hands of the clerks of this State belonging to such persons, create an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days in each House be suspended and that this Act take effect and be enforced from and after its passage, and it is so enacted.

Approved March 20, 1909.

Takes effect ninety days after adjournment.

PENITENTIARIES-ESTABLISHING A FACTORY TO MANUFACTURE COTTON BAGGING, ETC.

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An Act to provide for the location and establishment of a factory for the manufacture of cotton bagging, cotton sacks and cotton twine by the Board of Management of the State Penitentiary for the employment of managing experts and of certain State convicts in the operation ei said factory and to make an appropriation therefor.

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

SECTION 1. That the Board of Managers of the State Penitentiary of Texas are authorized and empowered to establish and maintain a factory for the manufacture of cotton sacks and cotton twine, and cotton bagging if practicable, and any and all other classes of cotton goods, as the members of said Board of Managers may deem expedient.

SEC. 2. That said factory shall be located at a place to be determined

by the Board of Managers of the State Penitentiary, and said Board of Managers are hereby authorized and empowered to enter into and execute any and all contracts, etc., necessary for the construction and equipment of such factory.

SEC. 3. That said Board of Managers of the State Penitentiary are hereby authorized, empowered and directed to employ such skilled labor as they may deem necessary for the proper management and direction of such factory when established, and that said Board of Managers are further authorized and directed to operate said factory with female convicts and other convict labor, using at all times those convicts best adapted to the work of manufacturing cotton bagging, sacks, twine, etc. SEC. 4. That said Board of Directors [managers] are hereby authorized and directed to contract for the sale of and to sell and dispose of the products of said factory in the same manner as other products of convict labor are now sold and disposed of.

SEC. 5. That there be appropriated out of the general revenue of the State not otherwise appropriated the sum of one hundred thousand dollars, or so much thereof as may be necessary for the establishment, equipment and operation of said factory; provided, however, that no part of such appropriation shall be expended, unless ordered to be so expended by the Board of Managers of the State Penitentiary, and upon the approval of the Governor of Texas.

SEC. 6. The crowded condition of the calendar and the further fact of the necessity existing for such a factory in this State to consume and make a home market for the low grade cotton of the farmers, and the further fact of freeing them from the present jute trust, create an imperative and public necessity that the rules requiring bills to be read on three several days be suspended, and that this Act take effect and be enforce [in force] from and after its passage, and it is so enacted.

Approved March 20, 1909.

Takes effect ninety days after adjournment.

JURY COMMISSIONERS-AUTHORIZING PAYMENT OF.

S. B. No. 82.]

CHAPTER 99.

An Act to amend Article 3151 of Chapter 2, Title LXII of the Revised Civil Statutes of the State of Texas of 1895, so as to authorize payment of Jury Commissioners for their services as such, and declaring an emergency.

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

SECTION 1. That Article 3151 of Chapter 2, Title LXII, of the Re vised Civil Statutes of the State of Texas of 1895, be so amended as to hereafter read as follows:

Article 3151. When the jury commissioners have been sworn and organized, the judge shall proceed to instruct them, as to their duties, and shall designate to them for what weeks they shall select petit jurors, and the number of jurors selected for each week. Each person serving as jury commissioner shall receive as compensation therefor the same amount as now provided by law for the services of petit and grand jurors.

Provided, that no such commissioner shall receive any pay as such for any day for which he has received or is entitled to receive, compensation as petit, or grand juror.

SEC. 2. The fact that there is no provision in the law providing for the pay of jury commissioners, creates an emergency and an imperative public necessity that the Constitutional rule, requiring bills to be read on three several days in each House be suspended and this Act take effect and be in force from and after its passage.

[NOTE. The enrolled bill shows that the foregoing Act passed the Senate by the following vote, yeas 28, nays 0; was referred to the House, amended and passed, no vote being given; and that the Senate concurred in the House amendments by the following vote, yeas 26, nays 0.]

Approved March 20, 1909.

Takes effect ninety days after adjournment.

RAILROAD COMPANIES-DEFINING WHAT SHALL BE A FULL CREW ON TRAINS AND ENGINES.

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An Act defining what shall be a full crew on passenger trains, run by railroad companies or receivers of railroad companies doing business in this State, what shall be a full crew on freight, gravel or construction trains run by such railroad companies or receivers and what shall be a full crew on light engines run by such railroad companies or receivers; providing for certain cases to which the Act shall not apply; rendering it unlawful for any such railroad company or receiver to run any train or light engine, subject to this Act, without, in each instance, having the full crew required; imposing a penalty for each violation by any railroad company or receiver of any of the provisions of the Act; prescribing the venue of suits to recover penalties for violations of this Act and the officers by whom the suits shall be brought, and exempting all railroads less than twenty miles in length, and declaring an emergency.

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

SECTION 1. That it shall be unlawful for any railroad company or receiver of any railroad company doing business in the State of Texas to run over its road or part of its road outside of the yard limits, any passenger train with less than a full passenger crew consisting of four persons, one engineer, one fireman, one conductor and one brakeman.

SEC. 2. It shall be unlawful for any railroad company or receiver of any railroad company doing business in the State of Texas to run over its road or part of its road, outside the yard limits, any freight train, gravel train or construction train with less than a full crew consisting of five persons, one engineer, one fireman, one conductor and two brakemen.

SEC. 3. It shall be unlawful for any railroad company or receiver of any railroad company doing business in the State of Texas to run over its road, or part of its road, outside of the yard limits, any light engine without a full train crew, consisting of three persons, one engineer, one fireman and one conductor; provided, that nothing in this Act shall be construed as applying in the case of disability of one or more of any train crew while out on the road between division terminals, or

to switching crews in charge of yard engines or which may be required to push trains out of yard limits.

SEC. 4. Any railroad company or any receiver of any railroad company doing business in the State of Texas which shall violate any of the provisions of this Act shall be liable to the State of Texas for a penalty of not less than $100 or more than $1000 for each offense; and such penalty shall be recovered and suit brought in the name of the State of Texas in a court of proper jurisdiction in Travis county, Texas, or in county in or through which such line of railroad may run, by the Attorney General or under his direction, or by the county or district attorney in any county, or through which such line of railroad may be operated, and such suits shall be subject to the provisions of Article 4577, Revised Statutes of the State of Texas.

SEC. 4a. The provisions of this Act shall not apply to or include any railroad company or receiver or manager thereof, of any line of railroad in this State, less than twenty miles in length.

SEC. 5. The fact that there are now no adequate laws for the protec tion of a large portion of our citizens employed by railway companies and receivers of railroad companies and passengers riding on railway trains, by reason of no existing adequate provision for the necessary train crews, creates an emergency and imperative public necessity requiring the suspension of the Constitutional rule which requires bills to be read on three several days in cach House, and the rule is hereby suspended; and that this Act take effect and be in force from and after its passage, and it is so enacted.

Approved March 20, 1909.

Takes effect ninety days after adjournment.

RAILROAD COMPANIES LIMITING HOURS OF SERVICE OF

S. B. No. 178.]

CERTAIN EMPLOYEES.

CHAPTER 101.

An Act to promote the safety of employes and travelers upon railroads in this State by limiting the hours of service of conductors, engineers, firemen and brakemen, by making it unlawful for any railroad company or the receiver of any railroad company, or any officer or agent of such railroad company or receiver to require or permit any conductor, engineer, fireman or brakeman, to be or remain on duty for a longer period than sixteen consecutive hours; by providing for the relief of any conductor, engineer, fireman, or brakeman after having been continuously on duty for sixteen hours and preventing his being required or permitted again to go on duty until he has had at least ten consecutive hours off duty and preventing his being required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty after he has been on duty sixteen hours in the aggregate in any twentyfour hour period; by imposing a penalty for each violation by any railroad company or receiver of any railroad or any of the officers or agents of such company or receiver for each and every violation of this Act; and by prescribing the venue of suits to recover penalties for violations of this Act and the officers by whom the suits shall be brought; and declaring an emergency.

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

SECTION 1. That it shall be unlawful for any railroad company or receiver of any railroad company operating any line of railroad in whole.

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