.

SEC. 6. That all interest-bearing claims not presented for the cation of the board on or before the first day of March, 1872, shall not be allowed to bear interest after that date.

SEC. 7. That the sum of twenty-five hundred dollars, [or] as much thereof, as may be necessary, out of any money in the Treasury not otherwise set apart, be and the same is hereby appropriated for the purpose of carrying this act into execution and it is directed that notice be given in the weekly official journal for three months, of the time in which claims are to be presented for the action of the board.

SEC. 8. That it shall be lawful for the Auditorial Board in acting upon the claims against the penitentiary, to allow interest upon them from the time they fell due, at the rate of six per centum per annum.

SEC. 9. That all laws and parts of laws in conflict with this act be and the same are hereby repealed, and that this act take *effect and be in force from and after its passage.

Approved November 13, 1871.

CHAPTER XXXIII.

AN ACT TO EXEMPT CERTAIN PERSONS FROM SERVING ON JURIES.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That undertakers, druggists, and each and every active fireman belonging to any regularly organized fire company, who are provided with engines or the necessary appliances, doing duty in any incorporated town or city, shall be exempt from serving on juries; provided, that no member of any such company who, when present in any such town or city, shall fail to attend two consecutive monthly meetings of his company or fail to be present with his company at two consecutive fires, shall not be considered an active fireman unless excused for such non-attendance by a vote of the company.

SEC. 2. That all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

SEC. 3. That this act shall take effect from and after its passage. Passed November 14, 1871.

The foregoing act, received in the office of Secretary of State, November twenty-nine, one thousand eight hundred and seventy

one, having been presented to the Governor of Texas for his approval, and not having been returned to the House in which it originated within the time prescribed by the Constitution, has become a law without his approval.

J. E. OLDRIGHT, Acting Secretary of State.

CHAPTER XXXI V.

AN ACT TO PROVIDE FOR AND REGULATE MECHANICS', CONTRACTORS', BUILDERS', AND OTHER LIENS IN THE STATE of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That any person or firm, artizan or mechanic, who may labor, furnish material, machinery, fixtures and tools to erect any house improvement or to repair any building or article or any improvement whatever, shall have a lien on such article, house, building, fixtures or improvements, and shall also have a lien on the lot or lots, or land necessarily connected therewith, to secure payment for labor done, material and fixtures furnished, for construction or repairs. That in order to fix and secure the lien herein provided for, the contractor, mechanic, laborer or artizan furnishing material, shall have the right at any time within six months after such debt becomes due to file his contract in the office of the district clerk of the county in which such property is situated, and cause the same to be recorded in a book to be kept by the district clerk for that purpose. If the contract, order or agreement be verbal, a duplicate copy of the bill of particulars shall be made under oath, one to be delivered to the clerk to be filed and recorded as provided for written contracts, and the other to be served upon the party owing the debt; both the contract and the account when filed and recorded as above provided shall be accompanied by a description of the lands, lots, houses and improvements against which the lien is claimed; when such contract or account is filed and recorded, it shall be deemed sufficient diligence to fix the same from the date it is filed for record, and secure the lien herein provided.

SEC. 2. That the lien hereinbefore provided, if against land in the country, shall extend to and include fifty acres, upon which such labor has been performed, or houses and improvements are situated; if in a city, town or village, it shall extend to or include such lot

or lots upon which such houses, fixtures or improvements are situated, or upon which such labor was performed.

SEC. 3. The lien herein provided for labor performed, or material furnished, shall extend to the land designated, and the person enforcing the same may have the land, lot or lots and improvements sold altogether, or he may have the improvements sold only, and when the improvements are sold separately, the purchaser shall have the right to remove the same within reasonable time from date of purchase; said sale to be upon judgment rendered by some court of competent jurisdiction foreclosing such lien and ordering sale of such property.

SEC. 4. But when material is furnished, labor performed, erection or repairs made upon a homestead, a lien upon the land, lot and improvements, as provided in section first of this act, shall be granted in favor of the person or firm furnishing material or performing labor, which lien upon the homestead shall be secured as provided in other cases and enforced as provided in the foregoing sections of this act; provided, that when the homestead is decreed to be sold under the provisions of this act, the court shall order that a writ of possession shall issue in favor of the purchaser, which writ shall be executed by the sheriff of the county wherein such property is situated, upon the application of the purchaser at any time after the expiration of ten days from the day of sale.

SEC. 5. That every boat navigating the waters of this State shall be liable and subject to a lien for all material furnished, labor performed. All actions to enforce any of the provisions of this act shall be brought within two years from the time the cause of action shall have accrued, and justices of the peace shall have jurisdiction to enforce this lien when the amount in controversy does not exceed one hundred dollars.

SEC. 6. This act shall take effect and be in force from and after its passage.

Approved November 17, 1871.

CHAPTER XXXV.

AN ACT TO INCREASE THE AREA AND ENLARGE THE BOUNDARY OF LAMAR COUNTY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the portion of territory situate on the north side of the Sulphur Fork of Red River, and originally constituting the northeast corner of Hopkins county, and which is bounded as fol-. lows, to-wit: Beginning at the southeast corner of Lamar county, running thence south with the original east boundary line of Hopkins county to a point in the middle of the main stream of the Sulphur Fork, thence up the main channel of said stream to the junction of the north fork of said Sulphur with the south fork thereof, thence up the main channel of the north fork of the Sulphur to the point where the south boundary line of Lamar county crosses said stream; and thence with said south boundary line of Lamar county to the beginning, be and the same is hereby attached to Lamar county, and the same shall hereafter constitute a part of said Lamar county.

SEC. 2. That this act shall take effect from its passage, and all laws and parts of laws in conflict with it be and the same are hereby repealed.

Approved November 17, 1871.

CHAPTER XXXVI.

AN ACT TO ENCOURAGE THE HOLDING OF INDUSTRIAL FAIRS BY EXEMPTING CERTAIN PROPERTY FROM TAXATION.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the property owned and used by any company or association of persons within this State, whose object and purpose is to hold fairs for the exhibitions of the productions of industry, is hereby exempted from all taxation.

SEC. 2. That this act take effect and be in force from and after its passage.

Passed November 22, 1871.

The foregoing act, received in the office of Secretary of State December second, one thousand, eight hundred and seventy-one, having been presented to the Governor of Texas for his approval, and not having been returned by him to the House in which it originated within the time prescribed by the Constitution, has become a law without his approval.

J. E. OLDRIGHT, Acting Secretary of State.

CHAPTER XXXVII.

AN ACT TO REPEAL SECTIONS TWELVE, THIRTEEN, FOURTEEN, FIFTEEN, SIXTEEN AND SEVENTEEN OF AN ACT ENTITLED AN ACT REGULATING PUBLIC PRINTING, APPROVED AUGUST 13, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That sections twelve, thirteen, fourteen, fifteen, sixteen and seventeen of an act entitled "An act regulating public printing,' be and the same are hereby repealed.

SEC. 2. That this act take effect and be in force from and after its passage.

Passed November 24, 1871.

The foregoing act, received in the office of the Secretary of State December five, one thousand eight hundred and seventy-one, having been presented to the Governor of Texas for his approval, and not having been returned by him to the House, in which it originated, within the time prescribed by the Constitution, has become a law without his approval.

J. E. OLDRIGHT, Acting Secretary of State: