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case or cases pending in his court to either of the other courts herein provided for, by order or orders entered upon the minutes of his court, and where such transfer is made the clerk shall enter such case or cases upon the docket of the court to which the transfer is made. And in such case, unless the parties are present in court and take notice of such transfer, reasonable notice of such order or orders shall be given to the parties or their attorneys of record; provided that in cases wherein ancillary writs be granted by either of the judges the transfer may be made to the court of the judge granting such writ, without such notice.

SEC. 12. That all laws and parts of laws in conflict with this Act are hereby repealed.

SEC. 13. The crowded condition of the dockets of the district courts of Dallas creates an imperative public necessity and emergency 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 Senate by a two-thirds vote, yeas 23, nays 5; and passed the House by a two-thirds vote, yeas 102, nays 2.]

Approved February 1, 1909.
Became a law February 1, 1909.

COURTS-BREWSTER COUNTY.

S. B. No. 39.]

CHAPTER 6. An Act to confer upon the County Court of Brewster county the civil and crim

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

SECTION 1. That the County Court of Brewster 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 shall have concurrent jurisdiction with the district court of said county, when the amount 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, over which justices court have original jurisdiction, when the judgment of the court appealed from, or the amount of controversy shall exceed twenty dollars, exclusive of interest, and said county court shall have power to hear and determine cases brought up from justices courts by certiorari, under the provision of the title of the Revised Civil Statutes of 1895, relating thereto.

Sec. 3. The county judge of said county shall have authority either in term time or in vacation. to grant writs of injunction, sequestration, mandamus, garnishment, attachment, certiorari, supersedeas, and all other writs necessary to the enforcement of the jurisdiction of said court, aud shall also have power to issue writs of habeas corpus in all cases in which the Constitution has not exclusively conferred the power on the district court or judge thereof.

SEC. 4. That said court shall have and exercise the general jurisdiction of a probate court; shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis, and common drunkards, grant letters testamentary and of administration; settle accounts of executors, administrators and guardians; transact all business pertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis, and common drunkards, including the partition settlement and distribution of estates of deceased persons; and to apprentice minors as provided by general law and to issue all writs necessary for the enforcement of its jurisdiction, orders and decrees.

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

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

, with trial de novo in criminal cases in which justices of the peace 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 cases in which the county court of said county by provisions of this Act have original or appellate jurisdiction.

SEC. 8. It shall be the duty of the district clerk of said county within thirty days after this act shall take effect, to make full and complete transcripts of 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 the said county court, and to deliver said transcripts, together with the original papers in each case to the county clerk of said county, and the said county clerk shall file the same and enter said cases on the respective dockets 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 defalcations of duty in connection with such 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 any person guilty of contempt of said court, and shall also have all other powers and jurisdiction conferred on county courts by the Constitution and general laws of this State.

SEC. 10. The terms of said court shall commence on the third

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Monday in February, and on the third Monday in May, and on the third Monday in August, and on the third Monday in November of eacis year, and shall continue in session for each term 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, be and the same are hereby expressly repealed in so far as they relate to Brewster county.

Sec. 12. The importance of the passage of this measure to the people of Brewster county, 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.

[Nore.--The enrolled bill shows that the foregoing Act passed the Senate by a two-thirds vote, yeas 27, nays 0; and passed the House by the following vote, yeas 106, nays 0.]

Approved February 3, 1909.
Became a law February 3, 1909.

CITIES AND TOWNS-PROVIDING FOR CONDEMNATION OF
PRIVATE PROPERTY FOR IMPROVING STREETS

AND CONSTRUCTING SEWERS, ETC.

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An Act to amend Article 548, Chapter y, Title 18 of the Revised Statutes of the

State of Texas, providing for the condemnation by incorporated cities and towns of private property for the purpose of widening streets, avenues, or alleys, or for the construction of water mains, supply reservoirs or a stand pipe for water works or sewers, etc., and providing for the condemnation by such cities or towns of private property in, on and through which to lay, construct and maintain sewer pipes, mains and laterals and connections, and upon which to maintain vats, filtration pipes and other pipes, and which to use and occupy as a place for the ultimate disposition of sewage in or out of the town or city limits, whenever it be made to appear that the use of such private property is necessary for the successful operation of such sewer sys. tem, and whenever it be made to appear that such sewer system is beneficial to the public use bealth or convenience, to repeal all laws in conflict herewith,

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

SECTION 1. That Article 548 of Chapter 9, Title 18 of the Revised Statutes of the State of Texas, be and the same is hereby amended so as to hereafter read as follows.

Art. 518. That whenever a city council of an incorporated city or town shall deem it necesary to take any private property in order to open, change or willen any public street, avenue or allev, or for the construction of water mains or supply reservoirs or stand pipes for water works or sewers, or for the purpose of establishing thereon one or more hospitals or pesthouses, within or without the limits of such city or

town, or for the purpose of constructing and maintaining sewer pipes, mains and laterals and connections and also private property upon which to maintain vats, filtration pipes and other pipes, and which to use and occupy as a place for ultimate disposition of sewerage in or out of the town or city limits whenever it be made to appear that the use of any such private property is necessary for successful operation of such sewer system, and when it be also made to appear that such sewer system is beneficial to the public use, health and convenience; such property may be taken for such purposes by making just compensation to the owner thereof. If the amount of such compensation cannot be agreed upon it shall be the duty of such city council to cause to be stated in writing the real estate or property sought to be taken, the name of the owner thereof and his residence if known and file such statement with the county judge of the county in which said property is situated. Any company or corporation chartered under the laws of this State for the purpose of constructing waterworks, or furnishing water supply for any town or city shall have the same right to condemn property necessary for the construction of supply. reservoirs or stand pipes for waterworks, when deemed necessary to preserve the public health that is given towns and cities under this article. Upon the filing of the statement provided for in this article it shall be the duty of said judge in term time or vacation, to appoint three disinterested freeholders and qualified voters of the county as special commissioners to assess the damages to accrue to the owner by reason of such condemnation. And repealing all laws in conflict herewith,

SEC. 2. The fact that there is now no adequate law authorizing or empowering incorporated cities and towns to condemn private property for establishing and maintaining sewers and the acquirements by condemnation proceedings of lands upon which to empty sewerage and to erect vats and other necessary appliances for the disposition of such sewerage, and the further fact that many incorporated cities and towns are compelled under the present law to refrain from the use of such sewers by reason thereof, creates an imperative public necessity that the Constitutional rule requiring bills be read on three several days be suspended and that this Act go into effect immediately 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, veas 28, nays 0; and passed the House by the following vote, yeas 110, nays 0.]

Approved February 3, 1909.
Became a law February 3, 1909.

COURTS-REORGANIZING THIRTY-SECOND AND THIRTYFOURTH, AND CREATING SEVENTIETH

JUDICIAL DISTRICT.

S. S. B. No. 67.]

CHAPTER 8. An Act to reorganize the 32nd Judicial District of Texas, the 31th Judicial

District and to create the 70th Judicial District in the State of Texas, and to fix the time of holding the court in each of said districts; to provide for the appointment of a district judge and a district attorney for the 70th Judicial District and to provide for the return of all process to each of the counties in each of said districts, to provide for the attachment of certain unorganized counties in said district to certain organized counties in said district, for judicial and all other purposes, and to repeal all laws or parts of laws in conflict herewith.

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

SECTION 1. That the Thirty-second Judicial District be composed of the counties of Borden, Howard, Nolan, Martin, Dawson, Mitchell and Garza, and the terms of court shall be held therein, in each year, as follows:

In the county of Borden on the first Monday in February and September and may continue in session two weeks.

In the county of Howard on the second Monday after the first Monday in February and September, and mạy continue in session four weeks.

In the county of Nolan on the 6th Monday after the first Monday in February and September, and may continue in session four weeks.

In the county of Martin on the 10th Monday after the first Monday in February and September and may continue in session three weeks.

In the county of Dawson on the 13th Monday after the first Monday in February and September, and may continue in session two weeks.

In the county of Mitchell on the 15th Monday after the first Monday in February and September, and may continue in session five weeks.

In the county of Garza on the 20th Monday after the first Monday in February and September and may continue in session one week.

Sec, 2. The Thirty-fourth Judicial District of Texas, shall be composed of the county of El Paso, and the terms of court shall be held therein each year as follows:

On the first Monday in January and may continue in session until the first Monday in March.

On the first Monday in March and may continue in session until the first Monday in May.

On the first Monday in May and may continue in session until the first Monday in July.

On the first Monday in September and may continue in session until the first Monday in November.

On the first Monday in November and may continue in session until the first Monday in January.

The district courts of the Thirty-fourth and Forty-first Judicial Districts aforesaid in El Paso county, shall have concurrent jurisdiction with each other throughout the limits of said county of El Paso of all matters civil and criminal, of which jurisdiction is given to the district courts by the Constitution and laws of the State; Provided. that no

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