teenth Monday after the first Monday in January and may continue in session five weeks, and on the twentieth Monday after the first Monday in July and may continue in session until the business is disposed of.

SEC. 2. That all process issued out of the District Court, of said counties prior to the taking effect of this act are hereby made returnable to the term of said Court as the said terms are fixed by this Act, and all bonds executed and recognizances entered of record in said courts shall bind the parties for their appearance or to fulfill the obligations of such bonds and recognizances at the terms of said court as they are fixed by this Act, and all process heretofore returned to as well as all bonds and recognizances heretofore taken in any of said courts and all Grand and petit Jurors drawn and selected under existing laws shall be as valid as if no charge had been made in the time of holding said court and provided that grand jurors and petit jurors, drawn and selected under existing laws, shall be required to answer and serve, and their acts to be as valid, at the next ensuing term, as provided by this Act as they would have been under existing laws if no change had been made in the time of holding said Court.

SEC. 3. Should any district Court of the said Fourth Judicial District be in session under existing law when this Act takes effect the same shall come to an end under such existing law, and its process, writs, judgments and degrees shall be valid and shall not be effected by the change in the terms made by this Act.

SEC. 4. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SEC. 5. The crowded state of the several dockets in the counties of the Fourth Judicial District and in the increase in the litigations in all of said counties in said District, creates an emergency and an imperative public necessity for the suspension of the Constitutional rule. requiring bills to be read on three several days in each branch of the Legislature, and that this Act take effect from and after its passage. Said Constitutional rule is therefore suspended and it is enacted that this bill take effect and be in force from and after its passage.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by the following vote, yeas 26, nays 0; was referred to the House of Representatives, amended and passed by the following vote, yeas 108, nays 0; and that the Senate concurred in the House amendments by the following vote, yeas 24, nays 0.]

Approved April 5, 1907.

Became a law April 5, 1907.

BAIL-PERTAINING TO BAIL IN FELONY CASES WHEN COURT IS IN SESSION.

An Act to amend Article 325 of Title 5, Chapter 4, of the Code of Criminal Procedure of the State of Texas, pertaining to the taking of bail in felony cases when the court is in session, and authorizing the sheriff or other peace officer having in custody the accused to take a bail bond, and repealing all laws in conflict herewith, and declaring an emergency.

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

SECTION 1. That Article 325 of Title 5, Chapter 4, of the Code of Criminal Procedure of the State of Texas, be, and the same is, hereby amended so as to hereafter read as follows:

In cases of felony, when the accused is in custody of the sheriff or other peace officer and the court before which the prosecution is pending is in session in the county where the accused is in custody, the court shall fix the amount of bail, if it is a bailable case, and the sheriff or other peace officer, unless it be the police of a city, is authorized to take a bail bond of the accused, if executed with good and sufficient sureties, in the amount as fixed by the court, to be approved by such officer taking the same, and will thereupon discharge the accused from custody, and it shall not be necessary for the defendant or his sureties to appear in court, but such bail bond may be taken as if court was not in session except for the fixing of the amount of bail as aforesaid.

Be it further enacted, that all laws and parts of law in conflict herewith be, and the same are hereby repealed.

SEC. 2. The fact that under the present law great inconvenience is occasioned, and delay caused in the administration of justice, requires immediate action upon this subject, and creates an emergency and an imperative public necessity that the rule requiring bills to be read on three several days be suspended, and said rule is 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 28, nays 0; and was referred to the House of Representatives, amended and passed; that the Senate refused to concur in the House amendments and the bill was referred to a free conference committee; that the free conference committee's report was adopted by the Senate by a two-thirds vote, yeas 23, nays 0; and by the House by a two-thirds vote, yeas 113, nays 0.]

Approved April 5, 1907.

Takes effect ninety days after adjournment.

TAXES-AMENDING HOUSE BILL NO. 53 RELATING TO C. O. D. LIQUOR SHIPMENTS.

An Act to amend "An Act imposing an annual occupation tax upon each office or place kept and maintained by persons, firms or corporations in this State, at which intoxicating liquors legally deliverable are delivered upon payment of purchase money therefor; providing a penalty for failure to pay such tax and declaring an emergency," passed and enacted at the present session of the Thirtieth Legislature of the State of Texas, and approved the 12th day of February, 1907, so as to add thereto Section 2a, relieving such persons, firms or corporations from keeping, operating or maintaining offices at which intoxicating liquors are deliverable upon the payment of the purchase price therefor, and further relieving such persons, firms or corporations from any obligation to receive, transport or deliver any intoxicating liquors to be paid for on delivery; and so as to add thereto Section 2b, repealing all laws and parts of laws in conflict with this Act, and to add thereto Section 2c providing that if any section of this Act should be attacked or held invalid, such action shall not affect the force and legality of other sections, and declaring an

emergency.

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

SECTION 1. That the Act passed by the 30th Legislature of the State of Texas and approved the 12th day of February, 1907, known as House Bill No. 53, imposing an annual occupation tax upon each office or place kept and maintained by persons, firms or corporations in this State at which intoxicating liquors legally deliverable are delivered upon payment of purchase money therefor, be and the same is hereby amended by adding thereto the following:

Section 2a. No person, firm or corporation shall be required to keep, operate or maintain any office at which intoxicating liquors are deliverable upon the payment of the purchase price thereof, nor shall any such person, firm or corporation be compelled to receive, transport or deliver any intoxicating liquers, the purchase price of which, or any part thereof is to be paid said person, firm or corporation on delivery.

Sec. 2b. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 2c. In the event any section of this Act should be attacked or for any reason held invalid, such action shall not affect the force or legality of other sections of this Act.

SEC. 2. That the crowded condition of the calendar of both the Senate and House, together with the fact that the Act above referred to was not amended is liable to cause great loss and much damage to the express companies of this State, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be, and the same is hereby suspended, and that 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 Senate by the following vote, yeas 25, nays 1; was referred to the House of Representatives, amended and passed by the following vote, yeas 92,

nays 3; and that the Senate concurred in the House amendments by the following vote, yeas 26, nays 0.]

Approved April 5, 1907.

Became a law April 5, 1907.

STOCK LAW-PERTAINING TO THE RUNNING AT LARGE OF CERTAIN ANIMALS.

An Act to amend Chapter 5, Title CII, of the Revised Civil Statutes of Texas of 1895, as amended by the Acts of 1899, by amending Article 5001c as enacted by the Twenty-sixth Legislature of 1899, relating to the mode of preventing certain animals from running at large in counties or in subdivisions thereof, so as to provide relief for enclosed land owners in cases where such land adjoins territory in which a stock law is in force, and providing an emergency.

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

SECTION 1. That Article 5001c, as passed by the Twenty-sixth Legislature of 1899, is so amended as to hereafter read as follows:

Article 5001c. Whenever there is territory between two subdivisions of a county which have adopted a stock law, or when there is territory adjoining a subdivision which has adopted a stock law, and in such territory there are less than fifty freeholders, an election shall be orderedon a petition of a majority of the freeholders residing in such territory, and the election shall be held as provided by law in other cases relating to the adoption of the stock law. And in cases where there are no freeholders on such intervening or adjoining territory, then, on the petition of the owner or owners of the land to the commissioners court the said commissioners court shall issue an order extending the stock law to said territory, and the same shall be included in the territory of such adjoining subdivision, and any person or persons who own enclosed lands adjoining any other lands which have been added to territory in which a stock law prevails, shall have the same right, and on petition of the owner or owners of such land to the commissioners court the said commissioners court shall issue an order extending the stock law to said territory, and the same shall be included in the territory of such adjoining subdivisions.

SEC. 2. The fact that there is now no law providing relief for persons who own enclosed land adjoining territory in which a stock law prevails, either in counties or subdivisions of counties, which omission at this time is working a hardship upon many communities in this State, 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 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 22, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 101, nays 0.1

Approved April 5, 1907.

Became a law April 5, 1907.

PENITENTIARY BOARD-AUTHORIZING EXTENSION OF RAILROAD OWNED BY THE STATE.

An Act providing for extensions by the Penitentiary Board of the railroad now owned by the State of Texas at the Rusk Penitentiary; for its maintenance, equipment and operation; providing for condemning right of way and material therefor; providing for condemnation proceedings; providing for the issuance of bonds by the Penitentiary Board aggregating one hundred and fifty thousand (150,000) dollars bearing interest at five per cent per annum, secured by a lien upon said State railroad, its extensions and equipment; providing a method of redemption of said bonds; providing for the purchase of said bonds by the Board of Education out of the permanent school fund; providing that the Railroad Commission of Texas shall have jurisdiction over the traffic carried on and over said State railroad, and authorizing said Commission to com. pel a fair division of freight and passenger charges between said railroad and connecting lines of railroad; that said Penitentiary Board shall enforce and obey the orders and regulations of the Railroad Commission; providing that this act shall be cumulative of all other laws in force in this State, and declaring an emergency.

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

SECTION 1. That the Penitentiary Board be and they are hereby authorized, and it shall be their duty, to extend, build and construct the railroad now owned by the State of Texas at the Rusk Penitentiary to a connection with the Texas and New Orleans Railway, and to a connection with the International & Great Northern Railroad, or to a connection with either of said railroads, as said Board and the Governor may deem to be to the best interests of the State, and also to maintain, equip and operate said State railroad and any and all such extensions thereof, to purchase therefor such equipments, rolling stock, engines and cars, as said Board may deem necessary or expedient.

Said Board shall also be and they are hereby authorized to build, construct, maintain and operate, in connection with and along said State railroad, over the right of way thereof, an electric, telephone or telegraph line.

SEC. 2. Whenever it shall be or become necessary to take, occupy or use any land or material for the purpose of constructing, building, draining or maintaining the said extensions or extension of said State railroad, or for the purpose of draining or maintaining any portion of said State railroad, including any and all extensions thereof, or for the purpose of constructing and maintaining turnouts, sidings and switches. therefor, or for the purpose of erecting or maintaining depots thereon, or for the purpose of forming and maintaining any connection with any other railroad or railroads, said Penitentiary Board shall have full power and authority to enter upon. take, occupy and use such land, first paying therefor, however, the value and price thereof, if the owner thereof and said Penitentiary Board can agree on the value and price thereof; the value of the land so taken and the amount of damages. if any, to be paid by said Board; but if such owner of such land and said Board can not agree thereon, said Board may proceed to condemn any and all such land in the same manner, so far as applicable, that a railroad corporation, under laws now existing, or to be hereafter passed, may condemn the land for right of way; and, in so far as such pro