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COCRTS-LOCATING COURT OF CRIMINAL APPEALS AT

AUSTIN. II. B. No. 58.]

CHAPTER 18. An Act to amend Article 1050, and to repeal Article 1051, Chapter twenty-three,

Title XXVII of the Revised Statutes of the State of Texas, relating to terms of the Court of Criminal. Appeals of Texas, and to locate the Court of Criminal

Appeals at Austin, Texas.
Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Article 1050, Chapter twenty-three, Title XXVII of the Revised Statutes of Texas be and the same is hereby amended so as to hereafter read as follows:

[Art. 1050.] Said court shall hold one term each year at the City of Austin, commencing on the first Monday in October of each year, and shall continue until the last Saturday in June next succeeding, and all cases pending when this Act takes effect shall be returnable to said court at Austin, and thereafter appeals in criminal cases shall be filed with the clerk of said court at Austin upon the same conditions and same rules as now obtain.

Said court shall hold one term each year at the City of Austin, commencing on the first Monday in October of each year and shall continue until the last Saturday in June next succeeding, and all cases pending when this Act takes effect shall be returnable to said court at Austin, and thereafter appeals in criminal cases shall be filed with the clerk of said court at Austin upon the same conditions and same rules as now obtain.

Sec. 2. Article 1051, Chapter twenty-three, Title XXVII of the Revised Statutes of Texas is hereby repealed.

Approved February 23, 1909.
Takes effect ninety days after adjournment.

TAXES_LEVYING TAX ON DEALERS IN NON-INTOXICA

TING MALT LIQUORS. II. B. No. 68.]

CHAPTER 19. An Act to levy an occupation tax on all dealers in non-intoxicating malt liquors,

and providing for the issuance of licenses and fixing penalties for the violation of this Act and providing for injunction to prevent its violation, and

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

SECTION 1. There is hereby levied upon all firms, persons, associations of persons and corporations selling non-intoxicating malt liquors an annual State tax of two thousand ($2000) dollars. Counties, incorporated cities and towns where such sales are made may each levy an annual tax of not exceeding one thousand ($1000) dollars upon all such persons, firms or corporations; provided, that this Section shall not prevent the sale of such proprietary remedies as "malt extract," "malt medicine" and "malt and iron” manufactured and used exclusively as med

icine and not as a beverage, when sold upon the prescription of a regular practicing physician; provided further that not more than one sale shall be made upon any one prescription.

SEC. 2. Each person and each firm and each corporation and each association of persons desiring to engage in the business mentioned in the preceding Section of this Act, before engaging in same, shall file with the county clerk of the county in which the business is proposed to be pursued, on application in writing for a license to engage therein and shall state the county and the portion of the county in which the busiriess is to be pursued, and if within the corporate limits of any incorporated city or town, that fact shall be so stated and any such person or firm or corporation or association of persons shall pay to the tax collector of the county the entire amount of annual tax levied by the State and the entire amount of the annual tax upon such business as may be levied by the commissioners court of said county, and if the business is to be pursued in an incorporated city or town, shall pay to the collector of taxes of such city or town the tax that may be levied on such business by said city or town, and all such taxes shall be paid in advance and no license shall be issued by the county clerk until the person or firm or corporation or association of persons applying therefor shall exhibit receipts showing the payment of all taxes levied and authorized by this Act and the county clerk shall be entitled to charge a fee of twenty-five cents for the issuance of such license.

Sec. 3. The county clerk shall be and is hereby required to make report of all licenses issued by the authority of this Act as in other cases.

Sec. 4. Any person or any member of a firm or any member of an association of persons or any officer or representative of a corporation who shall pursue or engage in or aid or assist in any manner in said business mentioned in Section 1 of this Act without there having been issued to said person or firm or association of persons or corporation license therefor, as provided for in this Act, shall each be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine in any sum not less than one hundred dollars nor more than five hundred dollars, and by imprisonment in the county jail for a period of not less than twenty days nor more than ninety days.

Sec. 5. The actual, threatened or contemplated nursuit of any such business mentioned in Section 1 of this Act by any merson or firm or association of persons or corporations without there having first honu procured a license therefor as provided in this Act shall be enjoined at the suit of the State at the instigation of either the county or district attorney or at the suit of any individual citizen of the county where the business is or is about to be pursued, and it shall not be necessary for any citizen to show that he has any pecuniary interest involved and the State shall not be required to give security for cost and all the rules of evidence, practice and procedure that pertain to courts of equity generally, or that exist by virtue of any law of this State may be invoked and applied in any injunction proceeding instituted hereunder.

SEC. 6. The crowded condition of the calendars of both Houses and the importance of this measure to the people of the State create an emergency and an imperative public necessity demanding the suspension of the Constitutional rule requiring bills to be read on three several . days and that this Act take effect and be in force from and after its passage, and it is so enacted.

[XOTE.—The enrolled bill shows that the foregoing Act passed the House by the following vote, yeas 108, nays 4; and passed the Senate by a two-thirds vote, yeas 26, nays 0.]

Approved February 24, 1909.
Became a law February 24, 1909.

[Section 2 of the foregoing Act was amended by Chapter 9, General Laws Second Called Session of the Thirty-first Legislature, which became a law May 10, 1909.]

INTOXICATING LIQUORS-OCCUPATION TAX ON SOLICIT

ING ORDERS IN LOCAL OPTION DISTRICTS. H. B. No. 69.]

CHAPTER 20. An Act to levy an annual occupation tax on the business of selling, or offering

for sale any intoxicating liquors by soliciting or taking orders therefor in any quantities whatever in any county, justice precinct, town, city or other subdivision of a county where the qualified voters thereof have by a majority vote determined that the sale of intoxicating liquors shall be prohibited therein; also levying an annual occupation tax for the keeping, maintaining or operating of any "cold storage" or any such place where intoxicating or non-intoxicating liquors or beverages are kept on deposit for others under any kind of bailment within the limits of any such local option territory, providing for the issuance of licenses and fixing penalties for the violation of this Act, and providing for injunction to prevent its violation, and declaring

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

SECTION 1. In all counties, justice precincts, towns, cities or other subdivisions of a county where the qualified voters thereof have by a majority vote determined that the sale of intoxicating liquors shall be prohibited therein, there is hereby levied upon all firms, persons, association of persons and corporations that pursue the business of selling or offering for sale any intoxicating liquors by soliciting or taking orders therefor in any quantities whatsoever, in any such county, justice precinct, town, city or other subdivision of a county, an annual state tax of four thousand ($4000.00) dollars, and each county, and also each incorporated city or town may levy an annual tax not exceeding two thousand ($2000.00) dollars in any such county or incorporated city or town where such business in pursued. SEC. 2. In all counties, justice precincts, towns, cities or other sub

. divisions of a county where the qualified voters thereof have by a majority vote determined that the sale of intoxicating liquors shall be prohibited therein, there is hereby levied upon all firms, persons, association of persons and corporations that pursue the business of keeping, maintaining or operating what is commonly known as a "cold storage" or any place by whatever name known or whether named or not, where intoxicating or non-intoxicating liquors or beverages are kept on deposit

for others, or where any such liquors are kept for others under any kind or character of bailment, an annual state tax of two thousand ($2000.00) dollars. Counties, incorporated cities and towns, where such business is located, may each levy an annual tax of not exceeding one thonsand ($1000.00) dollars upon each such place so kept, run, maintained or operated.

SEC. 3. Each person and each firm and each corporation and each association of persons desiring to engage in the business mentioned in Sections 1 and 2 of this Act in said local option territory before engaging in same shall file with the county clerk of the county in which the business is to be pursued, an application in writing for a license to engage therein and shall state the county or portion of the county in which the business is to be pursued and if within the corporate limits of any incorporated city or town, that fact shall be so stated and any such person or firm or corporation or association of persons shall pay to the tax collector of the county the entire amount of annual tax levied for the State and the entire amount of the annual tax upon such business as may be levied by the commissioners court of said county, and if the business is to be pursued in an incorporated city or town, shall pay to the collector of taxes of such city or town the tax that may be levied on such business by said city or town, and all such taxes shall be paid in advance and no license shall be issued by the county clerk until the person or firm or corporation or association of persons applying therefor shall exhibit receipts showing the payment of all taxes levied and anthorized by this Act and the county clerk shall be entitled to charge a fee of twenty-five cents for the issuance of such license.

SEC. 4. The county clerk shall be and is hereby required to make report of all licenses issued by authority of this Act as in other cases.

SEC. 5. Any person or any member of a firm or any member of an association of persons or any officer or representative of a corporation who shall pursue or engage in or aid or assist in any manner in said business mentioned in Sections 1 and 2 of this Act in said local option territory without there having been issued to said person or firm or association of persons or corporation license therefor as provided for in this Act shall each be guilty of a misdemeanor and on Bonviction therefor shall be fined in any sum not less than the amount of the tax due and not more than double that sum and shall in addition be imprisoned in the county jail not less than ninety davs nor more than six months.

SEC. 6. The actual, threatened or contemplated pursuit of any such business mentioned in Sections 1 and 2 of this Act in said local option territory by any person or firm or association of persons or corporations without there having first been procured a license therefor as provided in this Act shall be enjoined at the suit of the State at the instigation of either the county or district attorney or at the suit of any individual citizen of the county where the business is or is about to be pursued, and it shall not be necessary for any citizen to show that he has any pecuniary interest involved and the State shall not be required to give security for cost and all the rules of evidence, practice and procedure that pertain to courts of equity generally, or that exist by virtue of any law of this

State may be invoked and applied in any injunction proceeding instituted hereunder.

Sec. 7. The crowded condition of the calendars of both Houses and the importance of this measure to the local option districts of this State create an emergency and an imperative public necessity demanding the suspension of the Constitutional rule requiring bills to be read on three several days and that this Act take effect and be in force from and after its passage, and it is so enacted.

[NOTE.—The enrolled bill shows that the foregoing Act passed the House by the following vote, yeas 101, nays 4; was referred to the Senate, amended and passed by the following vote, yeas 27, nays 0; and that the House concurred in the Senate amendments by the following vote, yeas 105, nays 2.]

Approved February 24, 1959.
Became a law February 24, 1909.

COURTS-FIXING TIME OF HOLDING DISTRICT COURT IN

FANNIN COUNTY.
H. B. No. 131.]

CHAPTER 21.
An Act regulating the holding of the district court in Fannin county.
Be it enacted by the Legislature of the State of Texas:

SECTION 1. A term of the district court shall be begun and held in the county of Fannin on the first Monday in February of each year and may continue in session nine (9) weeks. A term of the district court shall be begun and held in the county of Fannin on the third Monday in August of each year and may continue in session seven (7) weeks.

Sec. 2. The existing statute in so far as it provides for a term of the district court to be held in Fannin county, beginning on the first Monday in August, is hereby repealed.

SEC. 3. All process which may have been issued when this Act takes effect having for the return day the first Monday in August shall be considered as returnable on the third Monday in August; and all appearances or other things which should be done on the first Monday in August pertaining to said court, but for this Act shall be considered as required to be done on the third Monday in August.

Sec. 4. The fact of the crowded condition of the calendar and of the unnecessary public expense occasioned by the existing law creates an imperative public necessity that the Constitutional rule requiring bills to be read on three several days should be and the same is hereby suspended, and that this Act take effect and be in force from its passage, and it is so enacted.

Approved February 24, 1929.
Became a law February 24, 1909

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