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a copy thereof not later than two days before the case is called for submission in such court, and the appellee shall have until the day the case is called for submission to answer such brief.
Sec. 4. Such case shall be advanced in the court of civil appeals or Supreme Court on motion of either party, and shall have priority over other cases pending in such courts.
Sec. 5. That all laws and parts of laws in conflict herewith are hereby repealed.
SEC. 6. The fact that there is now no well defined and settled Statutes on law and equity to properly prevent a cloud on title of real estate and all other property exempt from force sale, under and by virtue of the exemption laws of this State, being sold under an execution against a person, partnership, or corporation, having no interest in such real estate, or all other property so exempt at the time of the sales without resorting to the legal remedy at law, 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 22, 1909.
INTOXICATING LIQUORS-PRESCRIBING PENALTIES FOR SELLING OR GIVING AWAY OF SAME IN LOCAL
OPTION TERRITORY. S. B. No. 35.]
CHAPTER 35. An Act to amend Article 402, Chapter 6, Title 11, of the Penal Code, as amended
by Chapter 40 of the General Laws of the Twenty-eighth Legislature. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Article 402 of Chapter 6, Title 11, Penal Code, as amended in Chapter 40 of the General Laws of the Twenty-eighth Legislature, be and the same is hereby amended so as to hereafter read as follows:
Article 402. If any person shall sell any intoxicating liquor in any county, justice precinct, school district, city or town, or subdivision of a county, in which the sale of intoxicating liquors has been prohibited under the laws of this State, or if any person shall give away any intoxicating liquor in any such county, justice precinct, school district, city or town, or subdivision of a county with the purpose of evading the provisions of said law, he shall be punished by confinement in the penitentiary not less than one nor more than three years. Upon complaint being filed with any county judge, or justice of the peace, describing the place where it is believed by the person making the complaint that intoxicating liquor is being sold or given away in violation of law, such county judge or justice of the peace shall issue his warrant directing and commanding the sheriff or any constable of his county to search such place, and, if the law is being violated, to arrest the person so violating
it; and it shall be the duty of the officer to whom such warrant is delivered to search the place described in the warrant, to seize all intoxicating liquors found therein and arrest and bring before the county judge or justice who issued the writ, all persons connected with such business either as proprietor, manager, clerk or other employe; and if admission into said place is refused, the officer executing said warrant is hereby authorized to force open the same. In prosecutions under this Article where it is proven that there is posted up at the place where such intoxicating liquor is being sold or given away with the purpose of evading the provisions of the law, United States internal revenue liquor or malt license to any one it shall be prima facie proof that the person to whom such license is issued is engaged in the sale of intoxicating liquor.
Sec. 2. The fact that the existing law does not provide sufficient punishment for the unlawful sale and gift of intoxciating liquors in territory where prohibition is in force, 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 and be in force from and after its passage, and it is so enacted.
Approved April 24, 1909.
FRATERNAL BENEFICIARY ASSOCIATIONS-DEFINING
H. B. No. 55.]
CHAPTER 36. An Act defining and regulating fraternal beneficiary associations and repealing
Chapter 115 of the General Laws of the Twenty-sixth Legislature of the State of Texas, as amended by Chapter 86 of the General Laws of the Twenty-seventh Legislature and by Chapter 113 of the General Laws of the Twenty-eighth Legislature and by Chapter 106 of the General Laws of the Twenty-ninth Leg
islature. Be it enacted by the Legislature of the State of Texas:
SECTION 1. Fraternal beneficiary associations defined: Any corporation, society, order or voluntary association without capital stock, organized and carried on solely for the mutual benefit of its members and their beneficiaries, and not for profit, and having a lodge system with a ritualistic form of work and representative form of government, and which may make provision for the payment of death benefits, is hereby declared to be a fraternal beneficiary association.
SEC. 2. Lodge system defined: Any association having a supreme governing or legislative body and subordinate lodges or branches, by whatever name known, into which members shall be elected in accordance with its constitution, laws, rules and regulations and initiated in accordance with the prescribed ritualistic ceremonies in lodge sessions, which subordinate lodges or branches shall be required by the laws of such association to hold regular or stated meetings at least once in each month, shall be deemed to be operating under the lodge system.
SEC. 3. Representative form of government defined: Any association shall be deemed to have a representative form of government when
it shall provide in its constitution and laws for a supreme legislative or governing body, composed of the representatives elected by the members, or by delegates elected directly or indirectly by the members, together with such other members as may be prescribed by its constitution and by-laws; provided, that the elective representatives shall constitute a majority in number and have not less than a majority of the votes, nor less than the votes required to amend its constitution and by-laws; and provided further, that the meetings of the supreme or governing body and the election of officers shall be held as often as once in four years.
SEC. 4. Exemptions: Except as herein provided, such associations shall be governed by this Act, and shall be exempt from all provisions of the insurance laws of this State, not only in governmental relations with the State, but for every other purpose, and no law hereafter passed shall apply to them, unless they be expressly designated therein.
SEC. 5. Benefits: Every association transacting business under this Act shall provide for the payment of death benefits, and may provide for benefits payable to its members on the death of either husband or wife, and may provide for the payment of benefits in case of temporary or permanent disability, either as the result of disease, accident or old age; provided, the period of life at which the payment of benefits for disability on account of old age shall commence shall not be under serenty years, and may provide for the erection and payment of monuments at the graves of their deceased members.
SEC. 6. Benefits confined to whom: The payment of death benefits shall be confined to wife, husband, relative by blood to the fourth degree ascending or descending, step-father, step-mother, step-children, children by legal adoption, or a person or persons dependent upon the member; provided, that if after the issuance of the original certificate the member shall become dependent upon the charity of an individual or of an institution, he shall have the privilege, with the consent of the association, to make such individual or institution his beneficiary. Within the above restrictions each member shall have the right to designate his beneficiary, and from time to time have the same changed in accordance with the laws, rules or regulations of the association, and no beneficiary shall have or obtain any vested ir:terest in the said benefit until the same has become due and payable upon the death of the said member. Provided, that any association may, by its laws, limit the scope of beneficiaries within the above classes.
SEC. 7. Qualifications for membership: Any association may admit to beneficial membership any person over sixteen and under sixty years of age who has been examined by a competent physician and whose examination has been supervised and approved in accordance with the laws of the association; provided, that any beneficiary member of such association who shall apply for a certificate providing for disability benefits need not be required to pass an additional medical examination therefor. Nothing herein contained shall prevent such association from accepting general or social members.
SEC. 8. Certificate: Every certificate issued by any association shall specify the maximum amount of benefit provided thereby, and the conditions governing the payment thereof, and shall provide that the certificate, the charter or articles of association, the constitution and laws of the association, and all benefit certificates shall from the date of their issuance be non-contestible on account of any statements or representations made by the applicant in his application for membership or in his medical examination, unless such representations shall be material to the risk assumed, and shall have been made with fraudulent intent, and the burden of proof shall be upon the defendant to affirmatively show such defense, the association and the member and copies of the same, certified by the secretary of the association or corresponding officer, shall be received in evidence of the terms and conditions of the contract, and any changes, additions or amendments to said charter or articles of association, constitution or laws duly made or enacted subsequent to the issuance of the benefit certificate, shall bind the member and his beneficiaries and shall govern and control the contract in all respects the same as though such changes, additions or amendments had been made prior to and were in force at the time of the application for membership. Provided, it shall never be necessary for such association to accompany its contract, policy or certificate with a copy of the application for such policy, contract or certificate, nor with a copy of the questions and answers thereto.
SEC. 9. Funds: Any association may create, maintain, disburse and apply a reserve, emergency or surplus fund in accordance with its constitution and laws not inconsistent with the provisions of this Act. Any such reserve, emergency or surplus 'funds shall be held, invested and disbursed for the use and benefit of the association, and no such association shall be permitted to use any portion of such funds for any purpose except the payment of death or disability benefits. Provided, that a separate fund created for the purpose of paying the assessments of a certain class of members may be used for that purpose and no other. The funds from which benefits shall be paid, and the funds from which the expenses of the association shall be defrayed, shall be derived from the periodical or other payments by the members of the association and accretions of said funds, and every contract hereafter made between such association and its members shall provide that if such regular payments are insufficient to pay all matured death and disability claims in full and to provide for the creation and maintenance of the funds required by its constitution and laws, extra assessments may be levied upon the members to meet such deficiency.
SEC. 10. Investment of funds: Any such association may invest its funds in real estate for office purposes, and may hold or sell and convey any real estate acquired by foreclosure, or received in satisfaction of loans. It may also invest its funds in government, State, provincial, county or municipal bonds, or bonds of any township, park or school district having taxing powers; provided, such bonds shall be a direct obligation on all the taxable property within such municipality or district, or irrigation, paving or drainage district bonds; provided, such obligation shall be a direct obligation on all real estate within such district, or first lien or ground rents upon improved real estate, not exceeding fifty per cent of the market value thereof.
Sec. 11. Any president or cther officer or agent, director or trustee, or member of any board or committee having the control or management of the investment of the moneys and funds of any fraternal beneficiary association who shall investor assent to the investment of any such funds, or any portion thereof, in violation of the terms and provisions of this Act, shall be deemed guilty of a felony and shall, upon conviction, be punished by imprisonment in the State penitentiary for a term of not less than one year, nor more than five years.
Sec. 12. Not later than March the first of each calendar year after this Act shall take effect the officer or officers, board or committee, or other body, charged or authorized by the laws or rules or regulations of such association, with the duty of investing the funds of such association, shall either jointly or suverally make, execute and file with the Commissioner of Insurance and Banking a sworn statement that within their knowledge no part of the money collected by or on behalf of such association for mortuary or disability purposes, and no part of the reserve, emergency or surplus fund, nor the net accretions of either or any of said funds has been used for expenses or for any purpose other than those permitted by this Act, during the preceding year. Any such officer, director, trustee or member of any such board or committee, or any other person, who shall execute and file with the Commissioner of Insurance and Banking, or execute for the purpose of being filed with such commissioner, any false statement concerning the facts referred to in this Section, shall be guilty of a felony, and upon conviction shall be imprisoned in the penitentiary for a period of not less than one year nor more than five years. Provided, that any association that provides in its laws for using any portion of the first year's assessments, received from new members, for expenses, shall not be held or considered to be acting contrary to or in violation of this Section.
SEC. 13. Distribution of funds: Every provision for payment by members of such an association in whatever form made shall distinctly state the purpose of the same and the proportion thereof which may be used for expenses, and no part of the money collected for mortuary or disability purposes and no part of the reserve, emergency or surplus funds, or the net accretions of either or any of said funds shall be used for expenses. Any officer, agent or other person having in his keeping or possession any money collected for mortuary or disability purposes of any fraternal beneficiary association, or belonging to the reserve, emergency or surplus fund of any such association, or representing the net accretions of any or either of said funds, who shall use or permit the use of any such moneys or funds for any purpose other than those permitted by this Act, or who shall in any way violate or assent to the violation of the provisions of this Section, shall be deemed guilty of a felony, and shall be punished by imprisonment in the penitentiary for a term of not less than one nor more than five years.
SEC. 11. Organization: Seven or more persons, citizens of the United States, and a majority of whom are citizens of this State, who desire to form a fraternal beneficiary association, as defined by this Act, may make and sign (giving their addresses) and acknowledge before