CHAPTER LXXIV.

AN ACT TO REPEAL AN ACT TO AUTHORIZE THE POLICE COURTS OF COUNTIES TO LEVY AND COLLECT A SPECIAL TAX FOR THE REPAIR AND COMPLETION OF PUCLIC BUILDINGS, PASSED AUGUST 5, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That "An act to authorize the police courts of counties to levy and collect a special tax for the repair and completion of public buildings," passed August 5, 1870, be and the same is hereby repealed.

SEC. 2. That this act shall take effect and be in force from and after its passage; provided, that it shall be lawful for the proper officers to collect and expend for the purposes expressed in the act hereby repealed all taxes assessed in accordance with the provisions of the said act prior to the passage of this act. Approved December 1, 1871.

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO REGULATE THE TIMES OF HOLDING THE COURTS IN THE ELEVENTH JUDICIAL DIS

TRICT, APPROVED OCTOBER, 24, A. D. 1871

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section one of the above recited act be so amended as to hereafter read as follows:

Section 1. That the District Courts of the Eleventh Judicial District, shall be begun and holden as follows: In the county of Fannin, on the first Mondays in January, May and September, and may continue in session four weeks: in the county of Hopkins on the first Mondays in February, June and October, and may continue in session three weeks; in the county of Hunt on the fourth Mondays in February, June and October, and may continue in session three weeks; in the county of Collin, on the third Mondays in March, July and November, and may continue in session four weeks.

SEC. 2. That this act take effect from and after its passage. Approved December 1, 1871.

CHAPTER LXXVI.

AN ACT FURTHER REGULATING JURIES.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That hereafter all the qualified voters of each county shall be qualified jurors of such county; provided, that every person hereafter convicted of bribery, perjury, forgery, or other felony or high crime, shall be excluded from serving on juries, and provided further, that all persons shall be exempt from jury service, as is now provided by law.

SEC. 2. Each county court in this State shall, immediately after the passage of this act, and at least twenty days before the first day of the next ensuing term of the district court to be held for their county, prepare a list of all the qualified voters of their respective counties, which list shall be copied in a well bound book by the clerk of the district court, and said county court shall place tickets, with the names of the voters thereon, separately in a suitable box, to be designated "jury box number one;" and shall draw therefrom the names of twenty persons to serve as grand jurors for the next ensuing term of the district court, and twenty-four persons to serve as pettit jurors for each week provided by law for the holding of the district court for their county, and, as they are drawn, the tickets on which their names are written shall be placed in a suitable box, to be designated "jury box number two;" and said jury boxes and jury books shall, after drawing be turned over to the clerks of the district court respectively, who shall securely keep the same in their respective offices, and who shall be held responsible for the

same.

SEC. 3. After the first drawing of jurors, as provided in the foregoing section, grand and petit jurors for service in the district courts shall be drawn in the following manner, to-wit: Under the direction of the district judge, in open court, on one day of the last week of the court, the time to be previously designated by the judge; and not less than fifteen nor more than twenty persons shall be drawn as grand jurors, and twenty-four persons for petit jurors, for each week the district court may be in session, and the names of the persons so chosen, and all the proceedings relating to the drawing of the same, shall be entered by the clerk on the minutes of the court, and whenever the tickets in box number one shall be exhausted, then the contents of box number two shall be placed in box number one, so that the jury service shall be as nearly as possible equalized.

And in case the district judge shall fail for any cause to hold court, then the county court of each county and the district clerk shali, within thirty days after said failure, draw such jurors in open court, at the court house, after giving five days' public notice of such drawing posted before the court house door, and the names of the jurors drawn, and all the proceedings had in relation thereto before said court, shall be duly entered on the minutes of the district court and signed by the justices and clerk.

SEC. 4. Immediately after any registration of voters in any county of this State, the district judge shall cause the names of all newly registered voters to be placed on separate tickets, which shall be placed in jury box number one, and at any drawing of jurors, if the name of any person shall be drawn who, within the knowledge of the court, is unable by reason of his absence from the county to attend the court, or who has become disqualified to serve as juror since his name was placed in the jury box, or who is privileged by law from serving, the court shall cause the ticket upon which the name of such person is written to be replaced in jury box number one, and another shall be drawn in its stead.

SEC. 5. It shall be the duty of the clerk of the district court, immediately or within five days after the drawing of jurors, as contemplated in sections two and three of this act, has been made, to Issue a "venire facias" in due form, as is now required by law, and the sheriff or other officer shall execute the "venire" for jurors, as is now provided by law.

SEC. 6. In civil suits in the district court, each party shall hereafter be entitled to challenge six jurors without showing any cause

therefor.

SEC. 7. All other proceedings whatever in relation to juries, their organization, service and compensation, shall remain as is now provided by law; and all laws and parts of laws in conflict with this act are hereby repealed.

SEC. 8. This act shall take effect and be in force from and after its passage.

Approved December 1, 1871.

CHAPTER LXXVII.

AN ACT TO PUNISH CERTAIN OFFENSES COMMITTED ON SUNDAY.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That any person or persons who shall hereafter labor, or compel, force or oblige his or her employ ́s, workmen or apprentices to labor on the Lord's day, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum of not less than ten, nor more than fifty dollars; provided, that household duties, works of necessity and charity shall not be prohibited by this act; and provided further, that this act shall not apply to any work done on plantations and farms that may be necessary to prevent the loss of any crop or crops.

SEC. 2. That nothing in the foregoing section shall be so construed as to apply to the running of steamboats or other water crafts, rail cars, wagon trains, common carriers, or to the delivery of goods by them or the receiving or storing of said goods by the parties or their agents to whom said goods are delivered, or to stages carrying the United States mail or passengers, foundries, sugar mills, or to stock keepers or herders who have a herd of stock actually gathered and under herd, or to persons traveling on the public highway, or ferrymen or keepers of toll bridges, keepers of hotels, boarding houses, restaurants and their servants, keepers of livery stables and their servants; provided, that nothing herein be so construed as to apply to any person who conscientiously believes that the seventh or any other day of the week ought to be observed as the Sabbath, and who actually refrains from business and labor on that day for secular reasons.

SEC. 3. That any person or persons who shall run or be engaged in running any horse races or who shall permit or allow the use of any nine or ten pin alley, or who shall be engaged in match shooting or any species of gaming for money or other consideration, within the limits of any city or town on Sunday, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty nor more than fifty dollars.

SEC. 4. That any merchant, grocer or dealer in wares or merchandise or trader in any lawful business whatsoever, who shall sell or barter on Sunday between the hours of 9 o'clock A. M. and 4 o'clock P. M. within the limits of any city or town, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum of not less than twenty nor more than fifty dollars: pro

vided, that nothing contained in this act shall be construed to prohibit the sale of drugs and medicines on Sunday.

SEC. 5. That an act entitled "An act to punish certain offenses committed on Sunday," approved December 16, 1863, and all other laws and parts of laws contrary to or conflicting with the provisions of this act are hereby repealed, and that this act be in force from and after its passage.

Approved December 2, 1871.

CHAPTER LXXVIII.

AN ACT AUTHORIZING A LOAN TO MEET DEFICIENCIES IN THE REVENUE OF THE STATE.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Governor of the State is hereby authorized to have engraved the bonds of the State of Texas, to the amount of two millions of dollars, as follows: million of dollars in bonds of the denomination of one thousand dollars each. SecondFive hundred thousand dollars in bonds of the denomination of five hundred dollars each. Third-Five hundred thousand dollars in bonds of the denomination of one hundred dollars each.

SEC. 2. That said bonds shall be payable twenty (20) years from the date thereof, and shall bear interest at the rate of seven per centum per annum, payable semi-annually, viz.: on the first day of January and the first day of July of each year, said bonds to have coupons attached for each instalment of interest which may become due. The principal and interest of said bonds shall be payable in gold at the Treasury of the State of Texas, or at the city of New York, through such agent or agents as the Governor may select to pay the same.

SEC. 3. That said bonds shall be signed by the Governor and the Treasurer of the State of Texas, and shall be countersigned and registered by the Comptroller with the seal of the State of Texas

affixed thereto.

SEC. 4. That the Governor shall appoint an agent in the city of New York, who shall sell the bonds provided for in this act, at such times and in such quantities as the Governor may direct, and the Governor shall cause the proceeds from such siles to be placed in the Treasury of tho State. The Governor is hereby authorized to