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tion: Anderson, Angelina, Archer, Baylor, Bosque, Brazos, Brown, Burnet, Brazoria, Bowie, Camp, Caldwell, Chambers, Cherokee, Cass, Clay, Comanche, Collin, Delta, De Witt, Eastland, Fannin, Freestone, Fayette, Galveston, Gillespie, Goliad, Grimes, Hamilton, Hardin, Hopkins, Hill, Hood, Houston, Hunt, Jack, Jefferson, Johnson, Jones, Kauffman, Knox, Lamar, Limestone, Liberty, Llano, Mason, Matagorda, Mitchell, Morris, Nacogdoches, Newton, Orange, Panola, Polk, Raines, Rockwall, Red River, San Augustine, Sabine, Stephens, Shackelford, San Jacinto, Shelby, Smith, Throckmorton, Trinity, Tyler, Titus, Upshur, Van Zandt, Webb, Walker, Wharton, Wood and Young, provided that the courties of Gregg, Harrison, and Rusk shall be exempt from the provisions of this Section as to the waters of Sabine river but no further, and that Harrison county shall be exempt from the provisions of this Section in so far as it applies to the waters of Big Cypress above Tuscombia Bridge and Little Cypress, provided, that in the county of McLennan it shall not be unlawful for any person or persons to take or catch fish by means of net or seine from any stream in said county from May 15 to October 1 of each year, and that it shall not be unlawful for any person or persons to take or catch fish by net or seine in Palo Pinto county from June 15 to October 1 of each year, provided, that Clay county shall be exempt from the provisions of this Section along the waters of Wichita and Red Rivers, also Jack county along the waters of the Trinity river, provided that the counties of Austin, Washington and Palo Pinto shall be exempt from the provisions of this Section along the waters of the Brazos river; provided further, that in the county of Falls it shall not be unlawful for any person or persons to take or catch fish by means of net or seine from any stream in said county from June 15 to September 1 of each year.
Section 3. Ony person who shall take, catch, ensnare, or entrap any fish by means of nets or seines or by muddying, ditching or draining in any lake, pool or pond in any county within this State without the consent of the owner of such lake, pool or pond shall be subject to the penalty hereinbefore prescribed in section 2 of this Act, and in all prosecutions under this Act the burden of proof of such consent of the owner shall devolve and be upon the defendant.
SEC. 2. The crowded condition of the calendar and the fact that there is no adequate law to prevent the destruction of fish creates an emergency and an imperative public necessity for the suspension of the Constitutional rule requiring bills to be read on three several days, and the said rule is therefore suspended, and this Act shall take effect from and after its passage, and it is so enacted.
Approved March 16, 1909.
OFFENSES-DEFINING ABANDONMENT AFTER SEDUC
TION AND MARRIAGE. H. B. No. 468.]
CHAPTER 50. An Act to define the offense of abandonment after seduction and marriage of an
unmarried female, under twenty-five years of age; providing punishment and
declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. If any person, by promise of marriage, shall seduce an unmarried female under the age of twenty-five years, and shall have carnal knowledge of such female, and if after prosecution has begun, the parties marry each other, at any time before the defendant pleads to the indictment before a court of competent jurisdiction, and if the defendant within two years after said marriage, without the fault of his said wife, such fault amounting to acts committed by her after said marriage as would entitle him to a divorce, under the laws of this State, shall abandon her or refuse to live with her, or shall be so cruel to her as to com pel her to leave him, or shall be guilty of such outrages or cruelties towards her as to make their living together insupportable, thereby leaving her or forcing her to leave him and live apart from each other, shall be guilty of the offense of abandonment after seduction and marriage, and any person convicted of said offense shall be confined in the penitentiary for a term not less than two nor more than ten years, and said marriage shall be no bar to the qualifications of said female to testify against the defendant and the female so seduced and subsequently married and abandoned as herein provided shall be a competent witness against said defendant.
SEC. 2. The near approach of the time for the adjournment of the Legislature and the further fact that there is no law to punish a person for the offense of abandoning a female after seduction and marriage, 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.
[SOTE.—The enrolled bill shows that the foregoing Act passed the House by the following vote, yeas 89, nays 0; and passed the Senate by a two-thirds vote, yeas 21, navs 0.]
Approved March 17, 1909.
JAIL GUARDS-RELATING TO PAY OF.
H. B. No. 526.]
CHAPTER 51. An Act to amend Article 1098 (1066) of Chapter 3, of the Code of Criminal
Procedure, of the Revised Statutes of 1895, relating to the pay of jail guards,
and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Art. 1098 (1066) of the Code of Criminal Procedure of the Revised Statutes of 1895, of the State of Texas, be amended to read as follows:
Art. 1098, (1066). The sheriff shall be allowed for each guard necessarily employed in the safe keeping of prisoners one dollar and fifty cents for each day, and there shall not be any allowance made for the board of such guard, nor shall any allowance be made for jailer or turnkey, except in counties having fifty thousand population or more. In such counties of fifty thousand population or more, the commissioners court may allow each jail guard two dollars and fifty cents per day.
SEC. 2. The fact that said guards are now working for less than living wages, creates an emergency and an imperative public necessity exists authorizing the suspension of the Constitutional rule requiring that bills 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.
Approved March 17, 1909.
H. B. No. 35.]
CHAPTER 52. An Act to amend Article 375, Title XI, Chapter 2, of the Penal Code of Texas,
relating to raffles, and prescribing a penalty therefor, and prohibiting the keeping for sale of any chance, ticket, or part ticket in any raffle of estate. real or personal, of any value whatever, and repealing all laws in conflict with
this Act, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That Article 375, Title XI, Chapter 2, of the Penal Code of Texas, be so amended as to hereafter read as follows, to-wit:
Article 375. If any person shall establish a raffle for, or dispose by raffle of any estate, real or personal, exceeding five hundred dollars in value, he shall be fined not less than $100, nor more than one thousand dollars; or if any person shall establish a raffle for or shall dispose by raffle of any estate, real or personal, of the value of five hundred dollars. or less, he shall be fined not less than five dollars, nor more than two hundred dollars. If any person shall offer for sale or keep for sale any chance, ticket or part ticket, in any raffle of real estate, real or personal, of any value whatever, he shall be fined not less than $10 nor more than $50, and all laws and parts of laws in conflict with this Act are hereby repealed.
SEC. 2. The near approach of the end of the Session and the crowded
condition of the calendar, 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 take effect and be in force from and after its passage, and it is so enacted.
Approved March 17, 1909.
RAILROAD COMPANIES-REQUIRING SHELTER FOR
H. B. No. 127.]
CHAPTER 53. An Act to require all railroad companies doing business in this State to pro
vide suitable premises and shelter for the protection from the weather of their
employees while engaged in labor in the service of such railroad company. Be it enacted by the Legislature of the State of Texas :
SECTION 1. It shall be unlawful for any railroad company, corporation, association or receiver or other persons owning, controlling or operating any line of railroad in the State of Texas, to build, construct or repair railroad car equipment in the State without first erecting and maintaining at every division terminal or other point where five men or more, not including car inspectors, are regularly employed on such repair work, a shed over a sufficient portion of its tracks used for such repair work, so as to provide that all men regularly employed in the construction and repair of the cars, trucks or other railroad equipment shall be sheltered from rain and other inclement weather. The provision of this Act shall not apply at points where less than five men, not including car inspectors, are regularly employed in the repair service, nor at division terminals or other points where it is necessary to make light repairs on cars nor to cars loaded with time or perishable freight, nor to cars when trains are being held for the movement of such cars.
SEC. 2. Any railroad company or officer or agent thereof, or any other person, who shall violate the provisions of this Act, by failing or refusing to comply with its provisions, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than $50.00 nor more than $100.00, and each day's failure or refusal to comply with the provisions of this Act, shall be considered a separate offense.
SEC. 3. This Act shall take effect and be in force on and after December 1st, 1909.
Approved March 17, 1909.
STATE INSTITUTION FOR TRAINING OF JUVENILES—IN CERTAIN CASES PERSONS UNDER SIXTEEN CON
VICTED OF A FELONY CONFINED IN. S. B. No. 203.]
CHAPTER 51. An Act to amend Articles 1145 and 1146 of Title XVII of the Code of Criminal
Procedure of the State of Texas as adopted in the Revised Statutes of 1895, relating to the House of Correction and Reformatory, providing that in certain cases persons under sixteen years of age convicted of a felony shall be confined in the State Institution for the Training of Juveniles; providing that this amendment shall not affect, modify or vitiate any judgment heretofore rendered confining any person to the House of Correction and Refrmatory, repeal
ing all laws in conflict herewith, and declaring an emergency. Be it enacted by the Legislature of the State of Texas :
SECTION 1.• That Articles 1145 and 1146 of Title XVII of the Code of Criminal Procedure of the State of Texas, as adopted in the Revised Statutes of 1895, relating to the House of Correction and Reformatory, be and the same is hereby amended so as to hereafter read as follows:
Article 1145. When an indictment is returned by the grand jury of any county charging any male juvenile under the age of sixteen years with a felony, the parent, guardian, attorney or next friend of said juvenile or said juvenile himself may file a sworn statement in court setting forth the age of such juvenile at any time before announcement of ready for trial is made in the case. When such statement is filed, the judge of said court shall hear evidence on the question of the age of the defendant, and if he be satisfied from the evidence that said juvenile is less than sixteen years of age, said judge shall have authority to order such prosecution dismissed and to order such juvenile turned over to the juvenile court of said county, if there be any such court in said county, in which cases arising under the juvenile court laws are tried, through agreement of the judges of the district and county courts of said county to be tried in said juvenile court in the manner prescribed by law for the trial of such juveniles in such cases, or the judge of the district court may, in his discretion, proceed to try said cause as provided by law. If said juvenile be convicted and the verdict of conviction is for confinement for five years or less, the judgment and sentence of the court shall be that the defendant be confined in the State Institution for the Training of Juveniles instead of the Penitentiary for the term of his sentence, and that such defendant be conveyed to the State Institution for the Training of Juveniles, by the sheriff or any peace officer designated by the court, and there confined for the period of his sentence, provided that such conviction and serving of sentence shall not deprive such defendant of any of his rights of citizenship when he shall become of legal age. If the verdict of the jury be for confinement for a longer period than five years, the defendant shall be confined in the Penitentiary as now provided by law for persons convicted of a felony. Provided, that the age of the defendant shall not be admitted by the attorney representing the State, but shall be proved to the satisfaction of the court by full and sufficient evidence that the defendant is less than sixteen years of age, before the judgment of commitment to said institution shall be