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FEES RELATING TO FEES CHARGED BY THE SECRETARY
OF STATE.
CHAPTER 4.

H. B. No. 120.]

An Act to amend Article 2439 of Chapter 1 of Title 45 of the Revised Statutes of the State of Texas of 1895, in reference to fees of office to be charged and collected by certain State officers, as amended by Chapter 91 of the General Laws of the Regular Session of the Twenty-ninth Legislature, as amended by Chapter 22 of the General Laws of the First Called Session of the Thirtieth Legislature, relating to the fees charged by the Secretary of State for charters and permits so as to fix and prescribe the fees of foreign loan companies, and foreign corporations to engage in the manufacture, sale, rental, lease or operation of all kinds of cars or to engage in conducting, operating or managing any telegraph lines in this State, for a permit to do business in Texas; so as to regulate the fees paid by such companies; and providing that said Act shall not interfere with any suit now pending in the name of the State against foreign corporations; and repealing all laws and parts of laws in conflict with this Act; and declaring an emergency.

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

SECTION 1. That Article 2439 of Chapter 1 of Title 45 of the Revised Statutes of the State of Texas of 1895, as amended by Chapter 91, Acts of the Twenty-ninth Legislature of the State of Texas, as amended by Chapter 22 of the General Laws of the First Called Session of the Thirtieth Legislature, be amended so as to hereafter read as follows:

Article 2439. The Secretary of State, besides other fees that may be prescribed by law, is authorized and required to charge for the use of the State the following fees: 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 $200.00 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 fifty cents for each $1000 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 undertaking, the maintenance of a library, the promotion of painting, music or other fine arts, the encouragement of agriculture or horticulture, the maintenance of public parks, the maintenance of a public cemetery not for profit, a fee of ten dollars 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 fifty dollars shall be paid when said charter is filed; provided, that if the authorized capital stock of said corporation shall exceed ten thousand dollars, it shall be required to pay an additional fee of ten 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 $1.00; and each and every State, district, county and precinct officer elected or appointed in this State is required to apply 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 or refuses to take out his commission as required herein. For each official certificate, a fee of one dollar. For each warrant of requisition a fee of two dollars. For every remission of fine or forfeiture, one dollar. For copies of any paper, document or record in his office, for each one hundred words, fifteen cents. For each and every charter, amendment or supplement thereto, taken out under Chapter 14, Title XXI, Revised Statutes of 1895, (Channel-and Dock Corporations), a fee of two hundred dollars shall be paid to the Secretary of State for the use and benefit of the State, which shall be paid when the charter, amendment or supplement thereto is filed for record. For each foreign corporation obtaining permit to do business in this State shall pay fees as follows: fifty dollars ($50.00) for the first ten thousand dollars ($10,000) of its authorized capital stock, and ten dollars ($10.00) for each additional ten thousand dollars ($10,000) or fractional part thereof; provided, that the fee required to be paid by any foreign corporation for a permit to engage in the manufacture, sale, rental, lease or operation of all kinds of cars, or to engage in conducting, operating or managing any telegraph lines in this State, shall in no event exceed ten thousand dollars ($10,000); provided, however, that mutual building and loan companies, so called, whose stock is not permanent, but withdrawable, shall pay a fee of fifty dollars ($50.00) for the first one hundred thousand dollars ($100,000.00) or a fractional part thereof of its authorized capital stock; and ten dollars ($10.00) for each additional one hundred thousand dollars ($100,000.00) or a fractional part thereof; 'and where the company is a foreign one then the fee shall be based upon the capital invested in the State of Texas; and it shall be the duty of the Secretary of State to require satisfactory proof as to the amount of capital actually invested in this State before issuing any permit to any foreign building and loan company to do business in this State; provided, that the minimum fee for any foreign building and loan company shall be two hundred and fifty dollars ($250.00); provided, further, that the fee required to be paid by any foreign corporation for a permit to do the business of loaning money in this State shall in no event exceed one thousand dollars ($1,000); provided, further, that nothing in this Act shall in anywise affect any suit now pending in the name, or in behalf of the State of Texas as against any foreign corporation.

All fees mentioned in this Article shall be paid in advance into the office of the Secretary of State and shall be by him paid into the State Treasury monthly provided, as a condition precedent to the issuance by the Secretary of State of a permit to any foreign corporation authorizing it to do business in this State, the president, vice-president, secretary, or treasurer or two of the directors of such corporation shall make and subscribe an affidavit in writing stating that such corporation is not a trust or organization in restraint of trade in violation of the laws of this State, has not, within twelve months next preceding the making of such affidavit become or been a party to any trust agreement of any kind or character whatsoever, which would constitute a violation of any antitrust law of the State existing at the date of such affidavit and has not within that time entered into or been in anywise a party to any combination in restraint of trade within the United States of America, and

that no officer of such corporation has, within the knowledge of affiant, within twelve months next preceding the date of such affidavit, made on behalf of such corporation or for its benefit any such contract, or entered into or become a party to any such combination in restraint of trade. Such affidavit in writing shall be personally subscribed and sworn to by such affiant or affiants before some officer who is by law duly authorized to administer oaths and the jurat of such officer shall be attested by his official signature and seal of office, and such affidavit in writing so attested shall be filed in the office of the Secretary of State before the issuance of any such permit.

SEC. 2. The fact that the present permit fee prescribed by law for the issuance of permits to foreign building and loan companies and foreign corporations engaged in the manufacture, sale, rental, lease or operation of all kinds of cars, or engaged in conducting, operating or managing any telegraph lines in this State is excessive and burdensome and that the permits of a number of such companies now doing business in the State expire in the immediate future, constitutes an emergency and an imperative public necessity requiring that the Constitutional rule requiring bills to be read on three several days in both Houses 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 by a two-thirds vote, yeas 101, nays 3; and passed the Senate by a two-thirds vote, yeas 25, nays 0.]

Approved April 7, 1909.

Became a law April 7, 1909.

S. B. No. 66.]

COURTS-CONCHO COUNTY.

CHAPTER 5.

An Act to confer upon the County Court of Concho county the civil and criminal jurisdiction belonging to said court under the Constitution and General Statutes of Texas; to define the jurisdiction of said court; to conform the jurisdiction of the district court of said county to said change; to fix the time of holding court and to repeal all laws in conflict with this Act, and declaring an emergency.

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

SECTION 1. That the County Court of Concho county shall hereafter have exclusive original jurisdiction in civil cases wherein the matter in controversy shall exceed in value two hundred dollars, and shall not exceed five hundred dollars, exclusive of interest, and that it shall have concurrent jurisdiction with the district court of said county when the matter in controversy shall exceed five hundred dollars and not exceed one thousand dollars.

SEC. 2. Said county court shall have appellate jurisdiction in civil cases [of] which justices courts of said county have original jurisdiction when the judgment of the court appealed from or the amount in controversy shall exceed twenty dollars, exclusive of interest, and said county court shall have power to hear and determine cases brought up from the justices courts by certiorari under the provisions of law relating thereto.

SEC. 3. The county judge of said county shall have authority, either in term time or in vacation, to grant writs of mandamus, injunction, sequestration, garnishment, attachment, certiorari, supersedeas and all other 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 and laws have not exclusively conferred the power on the district judge or district court thereof.

SEC. 4. Said court shall have and exercise the general jurisdiction of a probate court, shall probate wills, appoint guardians of minors, idiots, lunatics and common drunkards, grant letters testamentary and of adminstration; settle accounts of executors, administrators and guardians; transact all business pertaining to the estates of deceased persons, minois, idiots, lunatics, persons non compos mentis, and common drunkards, including the partition, settlement and distribution of estates of deceased persons; to apprentice minors as provided by law, and to issue all writs necessary for the enforcement of its jurisdiction, orders and decrees; and generally, to excise all the powers in probate matters conferred upon such courts by the Constitution and laws of this State.

SEC. 5. Said court shall have jurisdiction in the forfeiture of all bonds and recognizances taken in criminal cases of which said court has original or appellate jurisdiction.

SEC. 6. Said court shall have and exercise exclusive original jurisdiction of all misdemeanors, except misdemeanors involving official misconduct, and except misdemeanors in which the highest penalty that may be imposed by law is a fine without imprisonment that does not exceed two hundred dollars; and said court shall have appellate jurisdiction of criminal cases in which justices courts and other inferior tribunals of said county have original jurisdiction.

SEC. 7. The district court of said county shall no longer have jurisdiction of misdemeanors, except misdemeanors involving official misconduct, and shall no longer have jurisdiction of civil cases of which the county court of said county, by the privisions of this Act, has original or appellate jurisdiction.

SEC. 8. It shall be the duty of district clerk of said county within thirty days after this Act shall take effect, to make full and complete transcripts of all orders on the criminal and civil dockets, then pending before the district court of said county, of which cases by the provisions of this Act original and appellate jurisdiction is given to said county court, and to file said transcript together with the original papers in each case, in the county court of said county, and the county clerk shall enter said cases on the respective dockets of said county court as appearance cases for trial by said court.

SEC. 9. The said court shall also have the power to hear and determine all motions against sheriffs and other officers of the court for failure to pay over moneys collected under the process of said court, or other defalcation of official duty in connection with said process, and shall have power to punish by fine not exceeding one hundred dollars, and by imprisonment in the county jail not exceeding three days, and

any person guilty of contempt of said court, and all other powers and jurisdiction conferred on county courts by the Constitution and general laws of the State of Texas.

SEC. 10. The terms of said court shall commence on the third Monday in February, and on the third Monday in May, and on the third Monday in September, and on the third third Monday in November of each year, and shall continue in session for three weeks at each term, or until the business may be disposed of; provided that the county commissioners court of said county may hereafter change the terms of said court whenever it may be deemed necessary. SEC. 11. All laws and parts of laws in conflict with this Act are hereby expressly repealed in so far as they relate to Concho county, Texas.

SEC. 12. The importance of the passage of this measure to the people of Concho county, Texas, creates 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 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 26, nays 0; and passed the House by a two-thirds vote, yeas 108, nays 0.]

Approved April 7, 1909.

Became a law April 7, 1909.

APPEARANCES BY BRIEF OF ATTORNEY IN COURTS OF CIVIL APPEALS.

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An Act to amend Article 1019, Title XXVII, Chapter 16, of the Revised Civil Statutes of the State of Texas, relating to appearance by brief of attorney for either party in the courts of civil appeals, and declaring an emergency.

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

SECTION 1. That Article 1019, Title XXVII, Chapter 16, of the Revised Civil Statutes of Texas be amended so as to hereafter head as follows:

Article 1019. When any cause or suit may be taken up from any inferior court to the court of civil appeals, whether by appeal, writ of error, or otherwise, it shall be lawful for the attorney for both the plaintiff and defendant to file in the papers of said suit or causes, written or printed briefs or argument, if written not to exceel fiftoon pages; and the said court shall be required to notice the same as if it were the personal appearance of said attorney, and shall not dismiss any suit or cause where such brief or argument of counsel is filed with the papers for want of other or further prosecution.

SEC. 2. The fact that the present Statute in relation to briefs is silent as to any distinction between written and printed briefs, and since the rule of the Supreme Court regulates the same, and requires the

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