« ForrigeFortsett »
SEC. 2. That the Governor be and is hereby empowered and directed to appoint an inspector of hides and animals for Hale county, Texas, under this Act, who shall be required to qualify and give the bond required in Article 5006 of said law, and who shall perform all the duties required of him under said Chapter 6, Article 5002 to 5043 of the Revised Statutes, and shall hold his office until his successor has been duly elected and qualified under said law, and that all laws and parts of laws in conflict herewith be, and the same are hereby repealed.
SEC. 3. The fact of the near approach of the adjournment of the Legislature, and the crowded condition of the calendar, and the fact that Plainview, in Hale county, is now a railroad terminus, where live stock shipments will soon be made, creates an emergency and an imperative public necessity demanding the suspension of the Constitutional rule which requires bills to be read on three several days be suspended, said rule being hereby suspended, 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 21, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 94, nays 0.]
Approved April 3, 1907.
DEKALB COLLEGE-PROVIDING FOR APPOINTMENT OF
S. B. No. 232.]
An Act to amend Title CCLXXIX, Section 1, of an act passed by the Thirteenth
Legislature of the State of Texas, and approved June 2, 1873, and to provide for filling vacancies in the Board of Trustees of the College of DeKalb, at DeKalb, in Bowie county, Texas, and to create a board of Trustees for said co). lege, and providing for filling vacancies in said board and the transaction of the business thereof.
Be it enacted by the Legislature of the State of Texas :
WHEREAS, Silas McCrary, William N. Boyse, 0. P. Moss, James G. Holloway, and L. C. Powell, who are either dead or have removed from the State of Texas, and at the time thereof, together with Soloman Hewit, W. W. Sanders and R. M. Johnson, constituted the Board of Trustees of the College of DeKalb, Texas, and that by reason of such debts and removal, there are now less than a quorum of said Board ; therefore, Chapter CCLXXIX, Section 1, of the Acts of the Thirteenth Legislature of the State of Texas are so amended as to hereafter read as follows:
SECTION 1. That said College shall be established at the town of DeKalb, in Bowie county, Texas, and shall be under the superintendence of Solomon Hewit, W. W. Sanders, R. M. Johnson, A. G. Crump, Lee Harkey, Dave Smith, E. J. McKinney and John Clark, and their successors, and they are hereby invested with all rights, powers and privileges vested in the Trustees of the College of DeKalh, by virtue of "An Act to establish and incorporate the College of DeKalb,” approved January 26th, 1839, and the above named persons are hereby named and styled the Trustees of the College of DeKalb, and that a majority of said trustees shall constitute a Board to transact business, and that when any vacancy shall occur in said Board of Trustees, either by death, removal from the State, failure or refusal to serve, such vacancy shall be filled by a majority vote of said Board of Trustees.
SEC. 2. The fact that there is now not a quorum of the Board of Trustees of the College of DeKalb which prevents said Board from transacting business, and the near approach of the close of this session of the Legislature, and the crowded condition of the Calendar, creates an emergency and an imperative public necessity, that the Constitutional rule which requires bills to be read on three several days, be suspended, and that this Act take effect 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 26, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 93, nays 0.]
Approved April 3, 1907.
An Act to amend Section 1, 12 and Section 20 of Chapter 128 of the Acts of the
Twenty-sixth Legislature, entitled “An Act providing the mode by which horses, mules jacks, jennets and cattle may be prevented from running at large in certain counties, or in any subdivision of the said counties, so that when an election under said law shall be in favor of the stock law, that the certificate thereto shall be prima facie evidence of a compliance with the law to put same in force”; also to provide for the punishment of any one violating the provisions of said act, and adding thereto Section 20a and Section 20b, and
declaring an emergency. Be it enacted by the Legislature of the State of Texas :
SECTION 1. That Sections 1, 12 and 20 of Chapter 128 of the Acts of the Twenty-sixth Legislature be, and the same are hereby amended so as to read as follows: "Section 1. Upon the written petition of one hundred freeholders of any of the following counties: Anderson, Austin, Bastrop, Bee, Bell, Bexar, Blanco, Borden, Bosque, Brazos, Brown, Caldwell, Calhoun, Callahan, Camp, Cass, Cherokee, Clay, Coleman, Colin, Colorado, Cooke, Comal, Comanche, Corvell, Crosby, Cochran, Crane, Dallas, Dawson, Delta, Denton, Eastland, Ector, Ellis, Erath, Falls, Fannin, Fayette, Franklin, Fisher, Gaines, Guadalupe, Garza, Glasscock, Gillespie, Grayson, Harrison, Hays, Hill, Hood, Hopkins, Howard, Hockley, Hunt, Jack, Jackson, Jones, Johnson, Kaufman, Knox, Lamar, Lavaca, Limestone, Lynn, Llano, Lubbock, McLennan, Martin, Midland, Milam, Mitchell, Montague, Morris, Navarro, Nolan, Nueces, Parker, Rains, Red River, Rockwall, Rusk, San Patricio, Scurry, Smith, Somervell, Tarrant, Taylor, Terry, Titus, Travis, Upshur. Victoria, Van Zandt, Washington, Williamson, Wilson, Wise, Ward, Wood, Winkler, or upon the petition of fifty freeholders of any such subdivision of a county as may be described in the petition and defined by the commissioners court of any of the above named counties, the commissioners court of said county shall order an election to be held in such county or such subdivision of a county as may be described in the petition and defined by the commissioners' court, on the day named in the order, for the purpose of enabling the freeholders of such county or such subdivision of a county as may be described in the petition and defined by the commissioners court to determine whether horses, mules, jacks jennets and cattle shall be permitted to run at large in such county or such subdivision of a county as may be described in the petition and defined by the commissioners court; provided, that where there is an application for an election to include an entire county, there shall not be less than twelve freeholders from each justice precinct of said county as signers to the petition for such election."
“Sec. 12. The returns shall be opened, tabulated and counted by the county judge in the presence of the county clerk and at least one justice of the peace of the county, or by two respectable freeholders of the county and an order showing the result shall be duly recorded in the minutes of the commissioners' court in the said county. And the order showing the result of said election thus determined, certified and recorded, shall be held to be prima facie evidence that all the provisions of law have been complied with in presenting the petition, the action of the court thereon ordering the election, the giving of notice and holding said election and in counting and returning the votes, and declaring the result thereof, and if said election be then declared to be in favor of the stock law, then after thirty days from said date, it shall be prima facie evidence that the proclamation required by law has been made and published as required by law."
Sec 20a. When any such election has been held in any of said counties, and subdivisions thereof, and result in favor of the stock law and said proclamation made as required by law, then any person who shall wilfully turn out or cause to be turned out on land not his own or under his control or who shall wilfully fail or refuse to keep up any stock prohibited by this Act from running at large in such county or subdivision thereof, or who shall wilfully allow such stock to trespass upon the land of another in such county or subdivision thereof, or who shall wilfully permit to run at large any such stock in such county or subdivision thereof, shall be guilty of a misdemeanor and punished as provided by law.
Sec. 205. If any person or persons shall knowingly permit any horses, mules, jacks, jennets, and cattle to run at large in any territory in this State where the provisions of the laws of this State have been adopted prohibiting any of such animals from running at large, such person or persons shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than five dollars nor more than two hundred dollars.
SEC. 2. The fact that at present it is troublesome and burdensome to the people to prove up the above act after the same has been adopted that said law is in force in several of said counties, and many counties are desirous of taking advantage of this act, creates 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.
[NOTE.—The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 27, nays 0; and passed the House of Representatives with amendments by a two-thirds vote, yeas 100, nays 0. The Senate concurred in the House amendments by a two-thirds vote, yeas 23, nays 0.]
Approved April 3, 1907.
COURTS-RESTORING CIVIL AND CRIMINAL JURISDIC
TION UPON COUNTY COURT OF GRAY COUNTY.
An Act to restore to and confer upon the county court of Gray county the civil
and criminal jurisdiction belonging to such courts under the Constitution and General Statutes of the State; to conform the jurisdiction of the district court of said county to such change, and to repeal all laws in conflict with this act so far as it relates to Gray county.
SECTION 1. Be it enacted by the Legislature of the State of Texas : That the county court of Gray county shall hereafter have exclusive original jurisdiction in civil cases where the matter in controversy shall exceed in value two hundred dollars, and shall not exceed five hundred dollars, exclusive of interest, and that it shall have concurrent jurisdiction with the District Court of said county when the matter 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 justice's courts have original jurisdiction when the judgment of the court appealed from or the amount in controversy shall exceed twenty dollars, and said county court shall have power to hear and determine cases brought up from the justice's courts by certiorari under the provisions of the title of the Revised Statutes relating thereto.
SEC. 3. The county judge of said county shall have authority, either in term time or in vacation, to grant writs of mandamus, injunction, sequestration, garnishment, attachment, certiorari, supersedeas and all other writs necessary to the enforcement of the jurisdiction of said court, and shall have power to issue writs of habeas corpus in all cases in which the Constitution has not exclusively conferred the power on the Dictrict Courts or the judges thereof.
SEC. 4. Said county court shall have jurisdiction in the forfeiture and judgment of all bonds and recognizances taken in criminal cases of which said court has jurisdiction.
SEC. 5. Said county court shall have exclusive original jurisdiction of all misdemeanors except misdemeanors involving official misconduct, and except in cases in which the highest penalty or finė that may be imposed under the law may not exceed two hundred dollars, and said court shall also have appellate jurisdiction in criminal cases of which justices of the peace and other inferior tribunals of said county have original jurisdiction.
SEC. 6. The District Court of Gray county shall no longer have jurisdiction of cases of which the county court of said county, by the provisions of this Act, has exclusive original or appellate jurisdiction ; and it shall be the duty of the clerk of the District Court of said county, within thirty days from the passage of this Act, to make a full and complete transcript of all orders on the dockets and minutes of cases now pending before said District Court, of which cases, by the terms of this Act, exclusive jurisdiction is given to said county court, and he shall deliver said transcript together with original papers and certified bill of costs, to the clerk of said county court, and said county clerk shall enter said case or cases on the docket for trial by said county court.
SEC. 7. The county court of said county shall hereafter hold its regular terms for civil and criminal business as provided in the Constitution and general laws of the State, and process heretofore issued from the District Court of said county in cases to be transferred by this Act to the county court of Gray county, shall be returnable to the first term of the county court held after this Act shall go into effect, and all cases transferred shall be entered as appearance cases upon the docket of said county court.
SEC. 8. The county court of Gray county shall have, as now, the general jurisdiction appertaining to probate courts for the probate of wills, appointment of guardians of minors, idiots, lunatics, persons non compos mentis and common drunkards and for the issuance of leiters testamentary and of administration, settlements of accounts of administrators and guardians, and the settlement and distribution of decedents' estates, and the apprenticeship of minors and all necessary powers conferred by law on courts of probate.
Sec. 9. All laws and parts of laws in conflict with the provisions of this Act, in so far as they relate to Gray county, are hereby repealed.
SEC. 10. Whereas, the county court of Gray county is without the jurisdiction necessary for the just and proper administration of the laws, and the want of such jurisdiction is causing the delay of justice in said county, creates an emergency and imperative public necessity requiring the suspension of the constitutional rule requiring bills to be read on three several days, and said rule is therefore suspended, and it is enacted that this Act shall take effect and be in force from and after its passage.
Approved April 4, 1907.