« ForrigeFortsett »
the judge of said court, or the commissioner as the case may be, before whom said testimony is being or shall be taken, shall immediately issue a notice in writing, directed to the attorney or attorneys of record, in said cause or the agent, officer, or employe of any corporation or joint stock association, or directed to the attorney or attorneys of record of any co-partnership, individual, or individuals, or to any member of such co-partnership, or to any individual or individuals, who are defendant or defendants in said action, notifying said attorney or attorneys of record, or officer, agent or employe, aforesaid, or member or members of any co-partnership, or individual as herein provided, that the testimony of the person or persons, named in said notice, is desired, and requiring said attorney or attorneys of record, or such officer, agent or employe aforsesaid, or member of such copartnership, or any individual to whom said notice is delivered, or upon whom the same is served, to notify and have said witness or witnesses whose testimony or evidence it is desired to take, at the place named in said notice, at the time fixed therein, before the court or special commissioner named, then and there to testify, and then and there to have and produce such books, papers and documents as are called for, and for any of the purposes herein provided; provided, that if the taking of such evidence be not concluded on the day and date specified in said notice, the court or the commissioner, as the case may be, may continue the taking of same from day to day, or adjourn from day to day, at the same place, until the taking of such evidence has been concluded.
SEC. 3. Whenever any officer, director, agent or employe of any foreign or domestic corporation or joint stock association, authorized to do business in this State, or any member of any co-partnership or any individual, against whom suit has been filed, or is pending, as provided for in this Act, or the attorney or attorneys of record of any such corporation, joint stock association, co-partnership or individual, shall be notified in accordance with the provisions of this Act, that any of the books, papers or documents belonging to such corporation, joint stock association, co-partnership or individual, are wanted before the court, or special commissioner, as provided in this Act, it shall be the duty of such defendant corporation, joint stock association, copartnership or individual, as the case may be, to produce and present, or cause to be produced and presented, as required in said notice, all such books, papers and documents, belonging to any such defendant or under such defendant's control as may be specified in said notice, in court or before said special commissioner, at the time and place so specified, and in the event, of the failure or refusal of any such corporation, joint stock association, co-partnership or individual, to comply with any of the provisions of this section, it shall be the duty of the court, upon the motion of the officer representing the State, to strike out all the pleadings, answers, motions, reply or demurrer theretofore or thereafter filed in such case by such defendant, corporation, joint stock association, co-partnership or individual, as the case may be, and render judgment by default against any such defendant.
SEC. 4. Whenever any attorney or attorneys of record, or any agent, officer, employe of any corporation, or joint stock association proceeded against as herein provided, shall be notified that any officer, director, agent or employe of any such corporation or joint stock association, is wanted before said court, or any special commissioner, as provided herein, to give his testimony or to produce any such books, papers or documents, of said corporation or joint stock association, as the case may be, or if any attorney or attorneys of record of any co-partnership or individual shall be notified that any member or members of said co-partnership, or any individual, who are defendants in any such action, are desired as witnesses, or to produce books, papers or documents, before any court or before any special commissioner appointed to take testimony in said proceeding, as herein provided; it shall be the duty of such attorney or attorneys of record, or any such officer, director, agent or employe to immediately notify any such person of the time and place where he shall attend and give his testimony, or produce any such books, papers or documents, if any are desired; and if the person or persons whose testimony is desired as herein provided, shall fail to appear, or appearing shall refuse to testify or shall fail to produce whatever books, papers or documents he or they may be ordered to produce, as before provided, then it shall be the duty of the court, upon motion of the Attorney General, district or county attorney as the case may be, on proof of such refusal, failure or dereliction to strike out the answer, motion, reply, demurrer, or other pleading theretofore or thereafter filed in such action, by said delinquent defendant, who has himself, or being a corporation or joint stock association, whose officer, agent, director or employe, as herein provided, has refused or failed to attend and testify, or to produce all books, papers or documents demanded, which were in the custody or subject to the control of such witness or witnesses, or corporation or joint stock association; and said court shall in the event of any such refusal or failure, proceed to render judgment by default against any such defendant; provided, however, that if any such defendant shall file a sworn denial in writing, in said court, setting forth that such failure or refusal did not arise by reason of any fault or procurement of defendant, the court shall hear evidence upon that issue, and if the defendant shows to the satisfaction of the court that any witness who failed to attend did not do so at the instance or procurement of said defendant, or that the books, papers or documents demanded were not in its possession or control and could not be produced, and that such defendant had complied with all the provisions of this Act, within such defendant's power to perform, then in that event, the answer, motion, reply, demurrer or other pleadings shall not be stricken out or judgment by default taken because of the failure of the witness to attend, who could not be so procured, or because of the failure to produce the books, papers or documents not in the possession or under the control of such defendant; but the court shall have the power to enter such further orders in respect to the matter in controversy as it may deem necessary for the proper administration of justice, provided, further, that in any proceeding had before a special commissioner as herein provided, the certificate of the special commissioner showing the failure or refusal of any such witness or witnesses to appear and testify, or to produce any books, papers or documents desired, shall be sufficient prima facie evidence of such failure, refusal or dereliction on the part of any such defendant, when same is filed in court. Any witness attending any proceeding herein provided for in compliance with any notice or subpoena issued by authority of this act, shall receive as compensation one dollar per day for each day of his attendance, and four cents per mile traveled computed upon the shortest practicable route; any claim for fees and mileage shall be filed with the court, or special commissioner, and sworn to by said witness, and shall be taxed up as costs and collected as other costs in civil cases.
SEC. 5. The court or presiding judge, thereof, in which any proceeding as herein provided is pending, in term time or in vacation, upon application therefor, made by the attorney general, or district or county attorney, acting under his direction, shall appoint some well qualified disinterested person as special commissioner, to take testimony, in any such case, at any point either within or without the State, as designated in such application, or where requested by either party to said cause of action, upon the issues joined in said cause, such special commissioner shall have full power and authority to issue notices provided for in section 2, of this Act, and to issue subpoenas for witnesses, compelling the attendance of such witnesses, the production of books, papers or documents, to issue attachments, to punish for contempt to the same extent as provided by law for said court; to administer oaths to witnesses; to have all witnesses examined orally, which testimony shall be reduced to writing and may be taken down by a competent stenographer and transcribed, and shall be signed and sworn to by said witness. The person appointed as special commissioner in any case, shall qualify by taking oath prescribed by the constitution of this State, for officers, and shall, with all convenient speed, certify and return the testimony taken by him to the court appointing him; and said commissioner, shall note all objections to testimony, and shall not exclude any testimony, and all questions as to the materiality or admissibility of same, shall be reserved for the courttrying the case, and such testimony so taken, may be read in evidence upon the trial of the suit in which same was taken, subject to any legal objections, which might be made to same.
The compensation of such commissioner shall be his actual expenses in traveling and such fees as are allowed a notary public in taking depositions, to be taxed up as costs and collected in the same manner as now provided by law for district clerks in civil cases.
SEC. 6. When any notice is issued and served, as provided for in this Act, ten full days exclusive of the day of service, shall elapse before any witness so requested shall be compelled to appear and testify, or produce any books, papers or documents, called for, and if the taking of testimony shall not be concluded on the date named in said notice, the witness or witnesses shall remain in attendance from day to day until same is completed or said witness is finally discharged by the court, or commissioner, as the case may be; service of said notice and the return thereon may be made by any sheriff, or constable of this State, or by any disinterested person competent to make oath of the fact, and shall be made by said person executing the same, by delivering to the person or persons, attorney or attorneys to be served a true copy of such notice, and return of such service shall be endorsed on or attached to the original notice; it shall state when the same was served and the manner of service, and upon whom served, and shall be signed, and if served by any person other than an officer, shall be sworn to by the party making the service before some officer authorized by law to take affidavits, and such affidavit shall be certified under the hand and official seal of such officer.
SEC. 7. Any witness for the State who shall testify or produce any books, papers or documents in any proceeding or examination under the provisions of this Act, shall not be subject to indictment or prosecution for any transaction, matter or thing, concerning which he truthfully testifies or produces evidence, documentary or otherwise.
SEC. 8. The provisions of this Act shall be cumulative of all laws of this State, and shall not be construed as repealing any other law relating to the taking of testimony or evidence; but shall be construed as providing an additional means of securing evidence for the enforcement of the laws, as herein provided.
Sec. 9. The inadequacy of the laws of this State, to enable the Attorney General or the district or county attorney, acting under his direction, to procure testimony in support of, and prosecutions of suits brought by the State, to enforce the law against trusts, monopolies and conspiracies in restraint of trade, and the corporation laws, creates an emergency and imperative public necessity, demanding the suspension of the constitutional rule, requiring bills to be read on three several days, and same is hereby suspended and this Act shall take effect and be in force from and after its passages, and it is so enacted.
[NOTE.—The enrolled bill shows that the foregoing act passed the Senate by the following vote, yeas 28, nays 0; was referred to the House of Representatives, amended and passed by the following vote, years 101, nays 0. Senate refused to concur in House amendments; bill was referred to a Free Conference Committee; the Senate adopted the report of Free Conference Committee by the following vote, yeas 23, nays 0; the House adopted the report of Free Conference Committee by the following vote, yeas 91, nays 6.]
Approved March 4, 1907.
COLEMAN COUNTY LANDS_VALIDATING SALES OF.
H. B. No. 208.]
An Act to validate and legalize all sales of real estate belonging or that be
longed to Coleman County, situated in the town of Coleman, in Coleman County, heretofore made at private sale for and in behalf of said county, by J. F. Miles and W. 0. Read, each in his representative capacity as Commis. sioner, under appointment of the Commissioners' Court of said county, by orders entered upon its minutes, to sell and dispose of real estate of said county situated in said town, and also validating all conveyances of said real estate made by said Commissioners as such, in consummating such sales.
SECTION 1. Be it enacted by the Legislature of the State of Texas: That all sales of real estate belonging or that belonged to Coleman County, situated in the town of Coleman, in Coleman County, in the State of Texas, heretofore made at private sale and not at public auction, for and in behalf of said county, by J. F. Miles and W. 0. Read, each acting in his representative capacity as Commissioner, under appointment of the Commissioners' Court of said county, by orders entered upon the minutes of said court, to sell and dispose of the real estate of said county situated in the town of Coleman, in said Coleman County, and all conveyances of said real estate respectively made by said Commissioners, appointed as aforesaid to sell and dispose of said real estate, be and the same are hereby validated and said sales shall be held good and valid to all intents and purposes as though made by said Commissioners at public auction instead of at private sale.
Approved March 5, 1907.
THEATERS, ETC.PROHIBITING DISCRIMINATION BE
TWEEN PERSONS DESIRING TO LEASE SAME.
An Act declaring theatres, play-houses, opera houses and other show buildings
by whatever name known, to be public places of amusement; to prevent the owners, lessees, managers and agents thereof from discriminating against persons, stock companies, corporations or others applying to lease or rent such public places of amusement, for productions and renditions of dramas, operas, and other shows by whatever name known; to provide for the keeping and exhibiting of bookings of all leasings and lettings of such houses; to require certain stipulations in all subsequent leases and renewals for a term; providing penalties for violation of the provisions of this act, and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That all buildings constructed, fitted and equipped for the purpose of theatres commonly called theatres, opera houses, playhouses or by whatever name designated, which are and shall hereafter be used for public performances, the production and exhibition of plays, dramas, operas and other shows of whatever nature to which admission fees are charged, be, and the same are hereby declared to