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SEC. 8. The fact that there is now no State law requiring railroads to safely equip their locomotives, tenders, cars and similar vehicles with safety appliances, as mentioned in this Act, and whereas there is great danger to the traveling public and employees of railroads because of such, creates an emergency and an imperative public necessity for the suspension of the Constitutional rule which requires that all bills shall be read on three several days and said rule is hereby suspended and this Act shall 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 113, nays 0; and passed the Senate by a two-thirds vote, yeas 24, nays 0.]

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

MERCHANDISE-RELATING TO SALES IN BULK.

ULK. S. B. No. 18.]

CHAPTER 27. An Act declaring void the sale or transfer of portions of stocks of merchandise

otherwise than in the ordinary course of trade in the usual and regular prosecution of the seller's or transferrer's business, and sales or transfers of entire stocks of merchandise in bulk unless made in ompliance with certain named conditions and regulations, and prescribing such conditions and regulations,

according to which such sales may be made valid, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. That any sale or transfer of any portion of a stock of merchandise otherwise than in the ordinary course of trade in the usual and regular prosecution of the seller's or transferrer's business; or a sale or transfer of an entire stock of merchandise in bulk, shall be void as against creditors of the seller or transferrer unless the purchaser or transferree shall at least ten days before the sale or transfer, in good faith make full and explicit inquiry of the seller or transferrer as to the name and place of residence or place of business of each and all creditors of the seller or transferrer, and the amount owing to each such creditor by the seller or transferrer, and obtain from the seller or transferrer a written answer to such inquiries, which answers shall be sworn to by the seller or transferrer; and unless the purchaser or transferree at least ten days before the sale or transfer in good faith, notify or cause to be notified personally or by registered mail each of the seller's or trans

ferrer's creditors of whom the purchaser or transferree has knowledge, of • said proposed sale or transfer.

Sec. 2. Any purchaser or transferree who shall confrom to the provisions of this act shall not in any way be held accountable to any creditor of the seller or transferrer for any of the goods, wares or merchandise that have come into the possession of said purchaser or transferree by virtue of such sale or transfer.

SEC. 3. Nothing in this Act shall apply to sales by executors, administrators, receivers or any public officer conducting a sale in his official

capacity, nor to a sale or transfer of stocks of merchandise for the payment of bona fide debts where all creditors share equally and without preference in the sale or transfer or the proceeds thereof.

Sec. 4. The fact that there is no adequate law in this State regulating the sale of stocks of merchandise in bulk and preventing fraudulent sales of such stocks creates an emergency requiring 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 from and after its passage and it is so enacted.

Approved March 1, 1909.
Takes effect ninety days after adjournment.

RAILROAD COMPANIES-REQUIRING LOCOMOTIVES TO BE

EQUIPPED WITH ASH PANS. S. B. No. 49.]

CHAPTER 28. An Act to require common carriers engaged in moving commerce in the State

of Texas to use locomotives which are equipped with ash pans that can be dumped or emptied and cleaned without the necessity of any employe going under such locomotive, and providing penalties for violations of the provisions of such act.

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

SECTION 1. That on and after the first day or January nineteen hundred and ten (1910) it shall be unlawful for any common carrier engaged in moving commerce in the State of Texas by railroad, to use in moving such commerce in said State any locomotive not equipped with an ash pan which can be dumped or emptied and cleaned without the necessity of any employee going under such locomotive.

Sec. 2. That any such common carrier using any locomotive in violation of the provisions of this Act shall be liable to the State of Texas for a penalty of not less than one hundred dollars and of not more than one thousand dollars for each offense and such penalty shall be recovered and suit brought in the name of the State of Texas in any court of proper jurisdiction in Travis county, Texas, or in any county into or through which such carrier may be operating a line of railroad by the Attorney General or under his direction or by the county or district attorney in any such county. The rules of evidence in suits arising under this Act shall be the same as in ordinary civil actions, and the same compensation shall be allowed to the attorney bringing such suit as is provided in Article 4577 of the Revised Statutes of the State of Texas.

SEC. 3. That the term “common carrier" as used in this Act shall include the receiver or receivers, or other persons or corporations charged with the duty of managing and operating the business of a common carrier.

Sec. 4. That nothing contained in this Act, shall apply to any locomotive upon which by reason of the use of oil, electricity or other such agency an ash pan is not necessary.

Approved March 3, 1909.

CITIES AND TOWNS-REGULATING ASSESSMENT AND COLLECTION OF TAXES IN WHICH INCORPORATION

IS ABOLISHED.

S. B. No. 3.]

CHAPTER 29. An Act to better regulate the assessment and collection of taxes in cities and

towns which have heretofore abolished, or may hereafter abolish their cor

porate existence. Be it enacted by the Legislature of the State of Texas :

SECTION 1. That whenever under the Act Approved April 17, 1905, entitled, “An Act to provide for the disposition of the corporate property and the levy, assessment and collection of taxes to pay existing indebtedness of incorporated cities and towns which have heretofore, or may hereafter abolish their corporate existence and to repeal all laws in conflict herewith,” the district court, having jurisdiction in the premises, has heretofore ordered, or may hereafter order, the assessment and collection of taxes for the payment of the indebtedness of such town or city, it shall be the duty of the county tax assessor for the county in which such town or city is situated to assess the taxes so ordered in like manner as taxes in rural school districts, and it shall be the duty of the county tax collector for such county to collect such taxes in like manner as taxes in rural school districts; provided, that this Act shall not repeal any part of Section 2 of the original Act approved April 17, 1905, and being Chapter 134 of the Acts of the Twenty-ninth Legislature.

SEC. 2. For the services rendered under Section 1, the assessor and collector shall receive the same compensation as for like services for the assessmnet and collection of taxes in rural school districts, and it shall be the duty of said collector to pay such taxes when collected to the receiver of such city or town.

Sec. 3. The crowded condition of the calendar and the near approach of the close of the Session create an imperative public necessity authorizing the suspension of the rule requiring bills to be read on three several days, and such rule is hereby suspended.

Approved March 4, 1909.
Takes effect ninety days after adjournment.

COURTS-FORTY-SEVENTH AND SIXTY-NINTH JUDICIAL

DISTRICTS.

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An Act to amend Sections 1 and 2 of an Act entitled "An Act to reorganize

the Forty-seventh Judicial District, and to create the Sixy-ninth Judicial District, to fix the time for holding the terms of the district courts in said districts, and to provide for the appointment of a district judge and district

attorney in the said Sixty-ninth Judicial District, and declaring an emergency." Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Sections 1 and 2 of an Act entitled “An Act to reorganize the Forty-Seventh Judicial District and to create the Sixty

ninth Judicial District, to fix the time for holding the terms of the district courts in said districts, and to provide for the appointment of a district judge and district attorney in the said Sixty-ninth Judicial District, and declaring an emergency,” approved February 13th, 1909, be and the same are hereby amended so as to read hereafter as follows:

Section 1. That the Forty-seventh Judicial District shall be composed of the counties of Donley, Randall, Armstrong and Potter, and, from and after the first day of July, 1909, the terms of the district court shall be held therein each year as follows: In the county of Potter on the second Monday in January and July, and may continue in session twelve weeks. In the County of Armstrong on the twelfth Monday after the second Monday in January and July and may continue in session two weeks. In the County of Donley on the fourteenth Monday after the second Monday in January and July, and may continue in session three weeks. In the County of Randall on the seventeenth Monday after the second Monday.in Jannary and July and may continue in session four weeks.

Provided, that until said first day of July, 1909, the terms of the district court shall be held in said counties of Potter, Armstrong, Donley and Randall as heretofore provided by Section 1 of an Act entitled “An Act to reorganize the Forty-seventh and Fiftieth Judicial Districts, and to create the Sixty-fourth Judicial District of the State of Texas; and to fix the time of holding courts in said districts, and to provide for the appointment of a judge for the said Sixty-fourth Judicial District, and a district attorney for the Fiftieth Judicial District; and to repeal all laws in conflict herewith, approved Feb. 8th, 1905."

Section 2. That the Sixty-ninth Judicial District be, and is hereby created and shall be composed of the counties of Dallam, Sherman, Moore, Oldham, Hartley, Parmer and Deaf Smith, and, from and after the first day of July, 1909, the terms of the district courts shall be held therein each year, as follows:

In the county of Sherman on the second Monday in January and July and may continue in session two weeks. In the county of Moore on the second Monday after the second Monday in January and July and may continue in session two weeks. In the county of Oldham on the fourth Monday after the second Monday in January and July and may continue in session two weeks. In the county of Hartley on the sixth Monday after the second Monday in January and July and may continue in session two weeks. In the county of Dallam on the eighth Monday after the second Monday in January and July and may continue in session six weeks. In the county of Parmer on the fourteenth Monday after the second Monday in January and July and may continue in session two weeks. In the county of Deaf Smith on the sixteenth Monday after the second Monday in January and July and may continue in session until the business is disposed of.

That until said first day of July, 1909, the terms of the district court shall be held in said Sixty-ninth Judicial District as follows:

In the county of Oldham on the second Monday in March and may continue in session one week. In the county of Hartley on the first Monday after the second Monday in March and may continue in session two weeks. In the county of Dallam on the third Monday after the second Monday in March and may continue in session three weeks. In the county of Sherman on the sixth Monday after the second Monday in March and may continue in session two weeks. In the county of Moore on the eighth Monday after the second Monday in March and may continue in session one week. In the county of Parmer on the ninth Monday after the second Monday in March and may continue in session two weeks. In the county of Deaf Smith on the eleventh Monday after the second Monday in March and may continue in session three weeks.

SEC. 2. Whereas, there is much confusion and uncertainty as to when the dictrict courts of the several counties in said Forty-seventh and Sixty-ninth Judicial Districts, shall be held until the first day of July, 1909, and much unnecessary and expensive litigation is liable to grow out of such confusion and uncertainty, the same therefore creates an imperative public necessity and an emergency exists' requiring the suspension of the Constitutional rule requiring bills to be read on three several days in each House, therefore said Constitutional rule is suspended and this Act shall 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 95, nays 0; and passed the Senate by a two-thirds vote, yeas 25, nays 0.]

Approved March 5, 1909.
Became a law March 5, 1909.

OFFENSES-CREATING OFFENSE OF ATTEMPT TO COMMIT

THEFT FROM PERSON. H. B. No. 10.]

CHAPTER 31. An Act to amend Chapter 10, Title XVII, Penal Code 1895, by adding Article

880a, creating the offense of an attempt to commit a theft from the person

and providing a punishment therefor and declaring an emergency. Be it enacted by the Legislature of the State of Teras:

SECTION 1. That Chapter 10, Title XVII, Penal Code 1895 be amended by adding an additional Article thereto, to be known as Article 880a reading as follows:

Article 880a. If any person shall attempt to commit the offense of theft from the person as defined in the two preceding articles, he shall be punished by confinement in the penitentiary not less than one nor more than three years.

SEC. 2. The fact that there is no law covering the offense as above lefined, creates an emergency and imperative public necessity that the Constitutional rule requiring bills to be read on three several days in each House be suspended, and this Act take effect and be in force from and after its passage and it is so enacted.

Approved March 5, 1909.
Takes effect ninety dars after adjournment.

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