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12. All that body of water on the west shore of St. Joe Island, beginning at a point on St. Joe Island called Caesar's Point, thence in a southerly direction along the middle ground to a stake six hundred feet due west of Allen's Wharf, thence to the west shore of said island, thence northerly with the meanders of said shore to the place of beginning. Any person offending against this Article shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars ($10) nor more than two hundred and fifty dollars ($250). Each day shall constitute a separate offense, and in all prosecutions under this Article the identification of the boat from which the violation occurred shall be prima facie evidence against the owner or parties last in charge of such seines or nets or on such boat.
Article 529h. Any person fishing with a drag-seine or set-net for sale or market shall return all fish, green turtle or terrapin of the sizes and weights specified in Articles 529e and 529f of the Penal Code, to the water while they are yet alive, except sharks, gars, rays and sawfish, and the size of the meshes of the fish seines shall not be less than one and one-quarter inch square, not including the bag, nor shall any seine exceed 1200 feet in length; and any person offending against this Article shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars ($10) nor more than two hundred and fifty dollars ($250), (as amended in 1897).
Article 529j. It shall be unlawful for any person to take or catch oysters from any public beds or reefs for sale or for market from the first day of April to the first day of September of each year. Any person offending against this Section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars ($10) nor more than two hundred and fifty dollars ($250), and each day shall constitute a separate offense, provided that part of Laguna Madre, south and west of Baffins Bay be exempted from the operation of this Article. Article 529j1. It shall be the duty of every person,
firm or corporation using pumps for the purpose of taking water from the public waterz of the State to place a wire screen over the mouth of the intake pipe for the purpose of preventing fish from entering said pipe. The size of such screens shall be prescribed by the Game, Fish and Oyster Commissioner of the State of Texas. Any person, firm or corporation failing to comply with this Act after notification by the Game, Fish and Oyster Commissioner, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars ($50) nor more than two hundred dollars ($200), and each day shall constitute a separate offense.
Article 529n. Any person offering for sale, or who shall sell any cargo of oysters which shall contain more than five per cent of young oysters, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars ($10) nor more than two hundred and fifty dollars ($250). Any oyster that measures less than three inches from hinge to mouth shall be deemed a young oyster for the purpose of this and the preceding Article.
Article 5290. It shall be the duty of the Game, Fish and Oyster
Commissioner, or his deputy, when he thinks that any cargo of oysters offered for sale contains more than five per cent of young oysters, to take as many as he may deem necessary from such cargo, cull them and measure the young oysters, or those that measure less than three inchez from the hinge to the mouth, and ascertain to the best of his ability the proportion of the young oysters to the marketable oysters, and if the young oysters be in greater proportion than five per cent the cargo shall be deemed unculled and the owner shall be deemed guilty of the offense described in Article 529 of the Penal Code.
SEC. 2. Be it further enacted, that all laws and parts of laws in conflict herewith shall be and the same are hereby repealed.
SEC. 3. The fact that there are no adequate laws now in force for the protection of the fish and oyster industry of Texas, and the near approach of the end of the Session, 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 this Act shall take effect and be in force from and after its passage, and it is so enacted.
Approved April 21, 1909.
AGRICULTURAL EXPERIMENT STATIONS PROVIDING FOR
H. B. No. 11.]
CHAPTER 24. An Act to provide for the establishment and maintenance of agricultural, horti
cultural and feeding experimental stations in certain parts of Texas; to provide for proper appropriations therefor and repealing all laws in conflict herewith,
and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. There shall be established at such places in the State of Texas, as the board hereinafter named may deem proper, experimental stations in addition to those now in existence, for the purpose of making experiments in the planting and growing of agriculture, horticulture, cereals and plants, and the feeding and fattening of live stock for slaughter; such stations to be under the care, control, management and direction of the director of the agricultural experiment stations of the Agricultural and Mechanical College of Texas, and to be maintained and operated at such places in Texas as the board hereinafter designated may direct. Two of these experimental stations shall be established west of the 98th meridian, one of which shall be in West Texas and the other in Northwest Texas; one shall be located in what is known as the black land belt in Central or North Texas, and one shall be located in the rice belt of South or Southeast Texas, and at such other points as said board shall designate.
SEC. 2. The Governor, the Commissioner of Agriculture and Lieutenant Governor shall be and are hereby vested with power to designate such places or localities in the State upon which agricultural, horticultural and feeding stations may be established.
Sec. 3. After the location of any such station or stations, such station or stations may, at the pleasure of said board, be abandoned and located elsewhere in the State of Texas.
SEC. 4. In the location of any such agricultural, horticultural, or feeding station, the board so locating such station or stations may take into consideration any donation of money or other property to be used in the operation and management of such station or stations, and may accept any lease of lands upon which to carry on such experiments.
Sec. 5. It shall be the duty of the director of such stations and feeding places to issue and circulate among the farmers and live stock raisers of the State from time to time, as may be deemed beneficial to such industries, printed bulletins showing the results of such experiments, such bulletins to be mailed to such persons as may desire same.
SEC. 6. That the State agricultural and experimental stations now existing under the laws of this State shall, from the time this Act takes effect, be under and subject to the provisions of this Act, and may at the pleasure of said board be discontinued at such time as they may direct.
Sec. 7. The director of such station or stations is hereby given authority in the conduct and management of such station or stations to employ such assistance as may be necessary and to purchase from time to time such implements, cquipment and seeds as may be necessary in the successful management of such stations, subject to the approval of said board.
SEC. 8. There shall be appropriated out of any funds in the State Treasury, not otherwise appropriated, the sum of twenty-five thousand dollars per annum, or so much thereof as may be necessary, to be expended in the location and establishment, maintenance and operation of such station or stations, such appropriation to extend for two years from the end of the fiscal year for 1909.
SEC. 9. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed.
SEC. 10. There being no provisions in the laws of the State of Texas authorizing the establishing of agricultural, horticultural and feeding stations and the fact that two of Texas' greatest industries are in a measure being daily neglected create an emegrency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended and this bill be placed upon its third reading and final passage, and it is so enacted.
[NOTE.—The enrolled bill shows that the foregoing Act passed the House, and was referred to the Senate, amended and passed; that the House refused to concur in the Senate amendments, and the bill was referred to a Free Conference Committee; that the Free Conference Committee's report was adopted by the House by a two-thirds vote, yeas 107, nays 0; and by the Senate by a two-thirds vote, yeas 28, nays 0.]
Approved April 21, 1909.
S. B. No. 72.]
CHAPTER 25. An Act to amend Chapter 12, Title LI of the Revised Civil Statutes of Texas,
and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Chapter 12, Title LI, [of the Revised Civil Statutes of Texas] be amended by adding thereto Article 2690a, to read as follows:
Article 2690a. Provided that this Chapter shall not apply to estates of less than one thousand dollars ($1,000.00) unless required by the probate judge or by order of the probate judge on application of some one interested in the estate; and provided that if it is shown to the satisfaction of the probate judge that said report was not essential or necessary to the protection of the ward's interest then and in that event he shall tax the cost of such report and court proceedings thereon to the party demanding the same.
SEC. 2. The fact that there is now no Statute properly preventing the consuming of small estates by court costs, creates an emergency and an imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended, and the 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 April 21, 1909.
HOME FOR LEPERS— PROVIDING FOR.
S. B. No. 69.]
CHAPTER 26. An Act to provide a Home for Lepers, and to provide for the isolation, care and
treatment of persons suffering with leprosy, and to make an appropriation
therefor, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. The Governor of Texas shall as soon as practical after the taking effect of this bill appoint a commission to consist of the State Health Officer and two other citizens of the State of Texas, for the purpose of selecting a site for the erection of an institution to be known as the State Home for Lepers. Such commission shall report within thirty days to the Governor their selection, which selection shall consist of not less than one hundred acres of land, which said site shall not be less than five miles distant from any town or city within this State, and not less than one mile distant from any residence; said site shall upon selection by the commission as aforesaid be purchased for the State and shall cost not to exceed $2500.00. The Land Commissioner is hereby authorized upon request of the board, to award to the State any school land for the location of this home they may select, at the price fixed upon it by the land office; provided nothing herein shall be construed as repealing any law now in force except as herein provided. Said members of said commission shall each be paid five dollars per day and necessary expenses for the time actually consumed in the services required by this Section of this law.
SEC. 2. As soon as practicable after the selection and purchase of such site, the said commission shall designate the exact location on the ground, and the character and plans for all necessary buildings, including a home for the superintendent of such Home for Lepers, said buildings to be on the cottage plan, and shall have plans and specifications made therefor and shall advertise for thirty days in at least one newspaper of general circulation in this State and one newspaper published in the county where such home is to be located, for bids for the erection of such buildings, and shall award the contract to the lowest and best bidder, provided the total amount of said bid for all the buildings shall not exceed ten thousand dollars; and the said commission shall also purchase all necessary furniture and equipment for said buildings, not to exceed in cost fifteen hundred dollars.
SEC. 3. All payments of money required under the provisions of Section 1 and Section 2 of this Act shall be made by warrant on the State Treasury drawn by the State Comptroller based on vouchers signed by the commission provided for in Section 1 and approved by the Governor.
SEC. 4. Any person within this State found to be suffering with the disease of leprosy shall be isolated and removed to said State Home for Lepers, upon certificate of the county health officer of the county where such leper may be and of the State Health Officer to the effect that such person is so suffering.
Upon the certificate of said State Health Officer and county health officer as herein provided for, the county judge of the county where such leper may be shall issue his warrant commanding the sheriff of such county to seize such leper and convey him to the Home for Lepers as herein provided. All necessary expenses for conveying such leper to the Home for Lepers shall be paid for by the county wherein said leper may be found.
Such person after having been conveyed to the Home for Lepers, as herein provided for, shall be confined therein and cared for and treated at the expense of this State during life, unless sooner discharged on account of being cured. Provided, however, that any person found suffering from leprosy within this State, who shall not have been a resiident of this State for a period of one year, shall be returned to the State from whence he came, and the expense of such return shall be paid by the county in which such leper is found.
Sec. 5. As soon as such Home for Lepers is completed and ready for occupancy, and every two years thereafter, the Governor shall appoint a superintendent for the State Home for Lepers, who shall be a graduate of a reputable school of medicine, who shall be authorized to practice medicine within this State, and he shall receive a salary of three thousand dollars per annum; said superintendent shall hold office for two years after his appointment and until his successor qualifies, which superintendent shall employ such nurses, assistants and servants