tion shall be run parallel with, or at right angles to, the line mark by said two stakes, and the lines of all abutting locations shall run parallel with or at right angles to those of the first location, and subsequent abutting locations shall be surveyed and fixed accordingly. Whenever a location is made, the certificate number of same shall be placed on the stakes by which it is marked as above described. In addition to the description of the location by metes and bounds, the surveyor shall farnish the locator a map or plat of the said location. For the survey, plat, and all expenses connected therewith the locator shall pay. All locations of private oyster beds shall be made outside the riparian limits as defined in the laws relating thereto.

The Fish and Oyster Commission, or his deputy, shall give to the locator a certificate signed by the Fish and Oyster Commissioner, and stamped with the seal of his office; such certificate shall show the date of application, date of survey, number, description by metes and bounds with reference to the point of the compass and natural and artificial objects by which the said location can be found and verified; and the locator shall pay to the Fish and Oyster Commissioner, or his deputy, a fee of ten dollars for every fifty acres or fractional part thereof, for the examination of said location, including the certificate; provided, that the ten dollars heretofore paid by the locator with his application shall be deducted from this fee.

At any time not exceeding thirty days after the date of such certificate of location the locator must, under penalty of forfeiting his right to said location, file the same with the county clerk of the county in which the location is situated, who shall record the same in a wellbound book kept for the purpose, and the original, with a certificate of registration, shall be returned to the owner or locator; the clerk shall receive for the recording of such certificate the same fee as for recording deeds; the original or certified copies of such certificates shall be admissible in evidence under the same rules governing the admission of deeds or certified copies thereof. Any person so locating shall be protected in his possession thereof against trespass thereon in like manner as freeholders are protected in their right, so long as he complies with the conditions of this Act. And it is hereby made the duty of the Attorney General of the State of Texas to bring suit against any person, firm or corporation to cancel any certificate of location issued to such person, firm or corporation illegally or not in conformity. with the provisions of this Act, and jurisdiction for said purposes is hereby given to the district court of Travis County, Texas.

Article 2518n. Any person, firm or corporation who has secured or may hereafter seeure a location for a private oyster bed in this State, shall keep the two iron stakes or pipes, as provided for in Article 2518m, in place, and shall preserve the marks so long as he is the owner of said location, and this shall apply also to any person, firm or corporation. acquiring any location by purchase or transfer of any nature; and said locator or owner shall have the right to fence said location, or any part thereof; provided, that said fence does not obstruct navigation through or into a regular channel or cut leading to other public waters, and the locator or owner shall pay the following amount as rent for said location: In addition to the locating fee of ten dollars as prescribed

in Article 2518m of this Act, he shall pay the sum of fifteen cents per acre to the first day of January following the date of application, to be paid to the Fish and Oyster Commissioner on receipt of the certificate of location; the rent for the next four years from the first day of January above named shall be twenty-five cents per acre per annum; and the rent thereafter shall be seventy-five cents per acre per annum; the rent shall be paid to the Fish and Oyster Commissioner, and shall be due on January first of each year, and if not paid by March first of the same year the Iccator shall forfeit all right to the location and the same shall revert to the State.

Article 2518q. Any person who is a citizen of the State of Texas, or any corporation having been chartered in the State of Texas, wishing to plant oysters on location obtained from the State, or on private property in the State, must make written application to the Fish and Oyster Commissioner, or his deputy, for a permit or license, which shall entitle the holder to gather seed oysters from date of permit to the thirtieth day of April thereafter, by tongs or hand, without culling, on such reefs or beds as may be designated by the Fish and Oyster Commissioner, or his deputy, in said permit; provided, that in no instance can there be designated a bed or reef on which marketable oysters are being gathered in paying quantities within two years, but the bed or reef so designated shall be an old or abandoned bed or reef, or one on which oysters do not get in marketable condition during the oyster season, and in taking oysters from such reef or bed the work shall be done with a view to reclaiming and improving such reef or bed, and in no case shall more than three-fourths of the oysters be removed from any reef or bed during any one season. For the permit above named, the applicant shall pay the Fish and Oyster Commissioner or his deputy the sum of five dollars, and shall pay all expenses for the examining and locating such reef or bed designated.

Article 526a. It shall be unlawful for any transportation company operating within this State, its officers, agents or employes, to receive for shipment, or to ship, within the boundaries of this State, from the first day of May to the first day of September of any year, any oysters from any public bed or reef, depositing or for marketing; provided, that nothing in this Act shall be so construed as to prohibit any such transportation company, its officers, agents or employes, from shipping or receiving for shipment any oysters taken from a private bed located under the laws of this State, offered for shipment by the owner or owners, locator or locators, of such bed, such fact to be established by the written affidavit of the person or persons offering such oysters for shipment, made before an officer authorized to take oaths. Any officer, agent or employe of such transportation company violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined for each offense not less than ten nor more than one hundred dollars.

Article 529e. It shall be unlawful for anv person to bring to market, sell or ship any red fish of more than twelve pounds in weight or less than one pound in weight; any trout of less than one-half pound in weight, or any sheephead of less than one-half pound in weight. It shall also be unlawful for any person to catch and hold within any

seine or enclosure any character of fish for a longer period of time than thirty-six hours. Any person offending against this section shall, upon conviction, be fined in any sum not less than ten dollars nor more than two hundred and fifty dollars.

Article 529j. It shall be unlawful for any person to take or catch oysters from any public beds or reefs for sale or for market from the thirtieth day of April to the first day of September of each year. Any person offending against this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars nor more than two hundred and fifty dollars, and each day shall constitute a separate offense; provided, that part of Laguna Madre south and west of Baffins Bay be exempted from the operation of this Article. Article 5290. It shall be the duty of the Fish and Oyster Commissioner, or his deputy, when he thinks that any cargo of oysters offered for sale contain more than five per cent of young oysters, to take as many as he may deem necessary from such cargo, cull them, and measure the marketable oysters, and then measure the young oysters, or those that measure less than three inches from the hinge to the mouth, and ascertain to the best of his ability the proportion of the young oysters to the marketable oysters, and if the young oysters be in greater proportion than five per cent the cargo shall be deemed unculled and the owner shall be deemed guilty of the offense described in Article 529n of the Penal Code.

SEC. 2. Be it further enacted, That Article 527 of the Penal Code, of the Acts of 1895, be and the same is hereby in all things repealed. SEC. 3. All laws and parts of laws in conflict herewith are hereby repealed.

SEC. 4.

This Act shall take effect and be in force from and after the first day of September, 1907.

SEC. 5. The fact that the near approach of the close of the present session of the Legislature and crowded condition of the calendar, and the great importance of this measure creates an emergency and an imperative public necessity, requiring the suspension of the constitutional rule requiring bills to be read on three several days, in each house, which rule is hereby suspended.

Approved April 18, 1907.

Takes effect September 1, 1907.

BUTCHERS-RELATING TO REPORTS OF.

H. B. No. 307.]

CHAPTER CXXVII.

An Act to amend Article 4943, Title CII, Chapter 3, Revised Civil Statutes, providing for butcher's reports, so that it shall hereafter read as follows:

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

SECTION 1. That Article 4943, Title CII, Chapter 3, of the Revised Civil Statutes be amended so as to hereafter read as follows: Article 4943. Every person in this State engaged in the slaughter and sale of animals for market shall make a regular report, under oath,

to the County Commissioners Court of the county giving the number, color, age, marks and brands of every animal slaughtered, which report shall be made to each regular meeting of the court, and be filed with and kept on file by the county clerk for the inspection of any one interested. Each report shall be accompanied by the bill of sale or written conveyance to the butcher for every animal that he has purchased for slaughter, and if any of the animals slaughtered have been raised by himself it shall be so stated in the report. Said butcher's report so made to the Commissioner's Court may be destroyed within the discretion of the county clerk after a period of five years.

Article 4943a. Before engaging in the business of slaughter and sale of animals for market, every person, firm or corporation desiring to so engage must first register his name or their names with the county clerk indicating their purpose to engage in such business and upon failure to so first register their names they may be fined in any sum not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00). Provided nothing in this act shall be construed to apply to slaughter houses in this State slaughtering as many as three hundred cattle per day.

SEC. 2. The fact that under the present law county clerks are required to do work unnecessary and that is of no value to any one, and the fact that this session of the Legislature is about to adjourn, creates an emergency requiring the suspension of the constitutional rule requiring bills to be read on three several days, and the rule is so suspended, and this bill take effect and be in force from and after its passage, and it is so enacted.

Approved April 18, 1907.

Takes effect ninety days after adjournment.

UNINCORPORATED JOINT STOCK COMPANIES PERMITTING SUIT IN COMPANY NAME.

An Act to authorize unincorporated joint stock companies or associations to sue and be sued in their company or distinguishing name, and to prescribe the mode and effect of service on such unincorporated companies, and the legal effect of judgments that shall be rendered in such actions, and declaring an emergency.

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

SECTION 1. That hereafter any unincorporated joint stock company or association, whether foreign or domestic, doing business in this State, may sue or be sued in any court of this State, having jurisdiction of the subject matter, in its company or distinguishing name; and it shall not be necessary to make the individual stockholders or members thereof parties to the suit.

SEC. 2. In suits against unincorporated joint stock companies or associations, service of citation may be had on the president, secretary, treasurer or general agent of such unincorporated companies.

SEC. 3. In suits by or against such unincorporated companies, whatever judgment shall be rendered, shall be as conclusive on the individual stockholders and members thereof as if they were individually parties to such suits.

SEC. 4. Where suit shall be brought against an unincorporated joint stock company or association and the only service had, shall be upon the president, secretary, treasurer or general agent of such company or association, and judgment shall be rendered against the defendant company, such judgment shall be binding on the joint property of all the stockholders or members thereof, and may be enforced by execution against the joint property, but such judgment shall not be binding on the individual property of the stockholders or members, nor authorize execution against it.

SEC. 5. In a suit against an unincorporated joint stock company or association, in addition to service on the president, secretary, treasurer or general agent of such companies or associations, service of citation may also be had on any or all of the stockholders or members of such companies or associations, and in the event judgment shall be against such unincorporated company or association, it shall be equally binding upon the individual property of the stockholders or members so served, and executions may issue against the property of the individual stockholders or members, as well as against the joint property; but executions shall not issue against the individual property of the stockholders or members until execution against the joint property has been returned without satisfaction.

SEC. 6. This act shall not affect nor impair the right now allowed unincorporated joint stock companies and associations to sue in the individual names of the stockholders or members, nor the right of any person to sue the individual stockholders or members; but the provisions of this act shall be construed as cumulative merely of other remedies now existing under the law.

SEC. 7. The fact that there is now no adequate law upon this subject, and thereby causing loss to many citizens of this State, creates an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended and that this act shall take effect from and after its passage, and it is so enacted.

Approved April 18, 1907.

Takes effect ninety days after adjournment.

CONTRACTS-RELATING TO UNREASONABLE

S. B. No. 34.]

STIPULATIONS.

CHAPTER CXXIX.

An Act to amend Article 3379 of the Revised Civil Statutes of the State of Texas, 1895, and declaring an emergency.

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

SECTION 1. No stipulation in any contract requiring notice to be given of any claim for damages as a condition precedent to the right