any intoxicating liquors, or to give to any person the name and address, or either, or photograph of any female for the purpose of enabling the person to whom such name, address or photograph of such female is given and furnished to meet and have unlawful sexual intercourse, or to bring about or procure such unlawful sexual intercourse with such female by any other person. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than fifty nor more than two hundred dollars, and in addition thereto shall be confined in the county jail not less than one nor more than six months.

Article 361. Any person who shall, directly or as agent for another, or through any agent, keep or be concerned in keeping or aid or assist or abet in keeping a bawdy house or a disorderly house, in any house, building, edifice or tenement, or shall knowingly permit the keeping of a bawdy house or a disorderly house in any house, building, edifice or tenement owned, leased, occupied or controlled by him, directly as agent for another, or through any agent, shall be deemed guilty of keeping or being concerned in keeping or knowingly permitted to be kept, as the case may be, a bawdy house or a disorderly house, as the case may be, and on conviction shall be punished by a fine of two hundred dollars and by confinement in the county jail for twenty days. for each day he shall keep, be concerned in keeping or knowingly permit to be kept, such bawdy or disorderly house.

Any owner, lessee, or the agent of either controlling the premises, having information that the premises is being kept, used or occupied as a bawdy or disorderly house shall be held guilty of knowingly permitting the premises to be kept as a bawdy or disorderly house, as the case may be, unless he shall immediately proceed to prevent the keeping, using or occupying of such house, building, edifice or tenement for such purpose by giving such information to the county or district attorney, against the person or persons violating the provisions of this act, or take such other action as may reasonably accomplish such result.

Article 362. Any person who shall directly, as agent for another, or through an agent, knowingly employ or have in his service in any capacity in any theater, playhouse, dance house, or house where spirituous or malt liquors are kept for sale, any prostitute, lewd woman or women of bad reputation for chastity, or permit any such woman to display or conduct herself therein in an indecent manner, shall be guilty of keeping a disorderly house and shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars and by confinement in the county jail for twenty days for each day that such person is kept in service or employed or permitted to display or conduct herself as hereinbefore provided.

Article 362a. The habitual, actual, threatened or contemplated use of any premises, place, building or part thereof, for the purpose of keeping, being interested in, aiding or abetting the keeping of a bawdy or disorderly house, shall be enjoined at the suit of either the State or any citizen thereof.

Any person who may use, or who may be about to use, or who may aid or abet any other person in the use of any premises, place or build

ing, or part thereof, may be made a party defendant in such suit; provided, that the provisions of this article and Article 362b shall not apply to, nor be so construed as to interfere with the control and regulation of bawds and bawdy houses by ordinances of incorporated towns and cities acting under special charters and where the same are actually confined by ordinance of such city within a designated district of such city.

Article 362b. The Attorney General and the several district and county attorneys shall institute and prosecute all suits that said Attorney General or such district or county attorney may deem necessary to enjoin such use; provided, that such suit may be brought and prosecuted by any one of such officers; and provided further, that nothing in the above proviso contained shall prevent such injunction from issuing at the suit of any citizen of this State who may sue in his own name, and such citizen shall not be required to show that he is personally injured by the acts complained of, and the procedure in all cases brought hereunder shall be the same as in other suits for injunction, as near as may be; provided, that when the suit is brought in the name of the State by any of the officers aforesaid the petition for injunction need not be verified.

SEC. 2. Be it further enacted that all laws in conflict herewith are hereby repealed.

SEC. 3. The fact that there is no adequate remedy to suppress disorderly houses 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 and be of force from and after its passage, and it is so enacted.

Approved April 18, 1907.

Takes effect ninety days after adjournment.

PLEA OF PRIVILEGE-SUFFICIENCY OF SAME.

H. B. No. 291.]

CHAPTER CXXXIII.

An Act to amend Chapter 4, of Article XXX of the Revised Statutes of the State of Texas by adding thereto after Article 1194, Articles 1194a, 1194b and 1194c as follows:

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

SECTION 1. That Chapter 4, of Title XXX of the Revised Statutes of the State of Texas, be, and the same is hereby amended by adding thereto after Article 1194, Articles 1194a, 1194b and 1194c as follows: Article 1194a. A plea of privilege to be sued in the county of one's residence shall be sufficient if it be in writing and sworn to, and shall state that the party claiming such privilege was not at the institution of such suit, nor at the time of the service of such process therein, nor at the time of filing such plea a resident of the county in which such suit was instituted and shall state the county of his residence at the time of such plea, and that none of the exceptions to exclusive venue

in the county of one's residence mentioned in Article 1194 or Article 1585 of the Revised Statutes exist in said cause.

Article 1194b. Issuing process for witnesses and taking depositions shall not constitute a waiver of such plea of privilege, but depositions taken in such case may be read in evidence in any subsequent suit between the same parties concerning the same subject-matter in like manner as if taken in such subsequent suit, and if such plea of privilege is sustained the cause shall not be dismissed but the court shall transfer said cause to the court having jurisdiction of the person of the defendant therein, and the cost incurred prior to the time such suit is filed in the court to which said cause is transferred shall be taxed against the plaintiff.

Art. 1194c. That whenever a plea of privilege to the venue to be sued in some other county than the county in which the suit is pending shall be sustained that the court shall order the venue to be changed to the proper court of the county having jurisdiction of the parties and the cause, and that the clerk shall make up a transcript of all the orders made in said cause, certifying thereto officially under the seal of the court and transmit the same with the original papers in the cause to the clerk of the court to which the venue has been changed.

Provided, that nothing herein shall prevent an appeal from the judgment of the court sustaining a plea of privilege.

SEC. 2. Whereas, the fact that the laws of this State now provide no means for changing the venue in a case where a plea of abatement or privilege to be sued in a county different from that in which the suit is pending is sustained, and the near approach of the close of the session of the Legislature creates an emergency and an imperative public necessity that this act be passed under a suspension of the constitutional rule requiring bills to be read on three several days, and the rule is therefore suspended, and 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.

PUBLIC ROADS-PROVIDING FOR ISSUANCE OF BONDS FOR CONSTRUCTION OF.

An Act to authorize any county or any political sub-division of a county, upon a vote of two-thirds majority of the resident property tax payers voting thereon, who are qualified electors of such county or political sub-division of the county to issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of such county or political sub-division thereof, and to levy and collect taxes to pay the interest on said bonds, and to provide a sinking fund for the redemption thereof for the purpose of constructing, maintaining and operating macadamized, graveled and paved roads and turn-pikes, or in aid thereof.

SECTION 1. Be it enacted by the Legislature of the State of Texas: Any County in this State, or any political sub-division of a county,

is hereby authorized and empowered to issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of such county or political sub-division thereof, and to levy and collect such taxes to pay the interest upon such bonds and provide a sinking fund for the redemption thereof, for the purpose of constructing, maintaining, and operating macadamized, graveled or paved roads and turn-pikes or in aid thereof.

SEC. 2. Upon the petition of fifty or a majority of the resident property tax-paying voters of any county or any political sub-division. of any county, in this State, to the county commissioners' court of such county, such court shall have the power and it is hereby made its duty at any regular or special session thereof, to order an election. to be held in such county or political sub-division thereof, to determine whether or not the bonds of such county or of such political subdivision thereof, shall be issued in any amount not to exceed one-fourth of the assessed valuation of the real property of such county or political sub-division, for the purpose of constructing, maintaining or operating of macadamized, graveled or paved roads and turn-pikes, or in aid thereof; and at such election there shall also be submitted to such resident property tax-paying voters the question as to whether or not a tax shall be levied upon the property of said county or political subdivision thereof, subject to taxation for the purpose of paying the interest on said bonds and provide a sinking fund for the redemption thereof, and the amount of tax proposed to be levied shall be stated in the order ordering the election and the notice thereof, and the amount of bonds proposd to be issued with rate of interest thereon and date of maturity shall be stated in the order ordering said election, and in the notice thereof.

SEC. 3. Notice of said election shall be given by publication in a newspaper published in the county, for four successive weeks, and in addition thereto by posting notices at three public places in the county, one of which shall be at the court house door for three weeks prior to said election, if said proposed issue of bonds and levy of taxes is for the entire county. If said proposed issue of bonds and levy of taxes is for any political sub-division of the county, notice of such election shall be given by publishing in a newspaper published in the county for four successive weeks, and by posting in at least three pub lic places in such political sub-division of the county for three successive weeks prior to said election.

SEC. 4. The commissioners court of the county shall determine the time and place of holding such election; provided no such election shall be held at any time less than thirty days from the time of making of the order ordering the election. The manner of holding said election shall be governed by the General Laws of the State when not in conflict with the provisions of this Act, and returns of said election shall be made as row provided by law for making returns of elections held for the purpose of determining whether or not county bonds. shall be issued.

SEC. 5. The special tax hereby authorized to be levied, on the aggregate of all such special taxes, shall not exceed in any one year more

than fifteen cents on the one hundred dollars valuation of property situated within such county or political sub-division thereof.

SEC. 6. Any and all bonds issued under the provisions of this Act shall not extend in point of time beyond forty years, shall not draw a rate of interest greater than five and one-half per cent and shall not be sold for less than par. They shall be approved by the Attorney General of the State of Texas, and registered by the Comptroller of Public Accounts of the State of Texas, and all General Laws not in conflict herewith, shall apply to the issuance, approval and registration, and sale of said bonds.

SEC. 7. The proceeds from the sale of such bonds shall be expended only in the county, if the issue is for the entire county, and only in the political sub-division of the county, if the issue is for the political sub-division. Said proceeds shall be paid into the County treasury of the county and paid out by said treasurer upon the warrant of the county clerk of the county, upon certified accounts which have been approved by the commissioners court of the county.

SEC. 8. The fact that there exists no adequate law on this subject creates a public necessity and emergency requiring the suspension of the constitutional rule requiring bills to be read on three several days and the rule is so suspended, and that this Act 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.

LANDS-PROVIDING FOR THE SALE OF GUAYULE ON PUBLIC FREE SCHOOL LANDS.

An Act to authorize the Commissioner of the General Land Office, with the consent and approval of the Governor and Attorney General, to sell the Guayule, Lechuguilla and other vegetation on school land, and to enter into contracts for the purpose of determining the commercial value of substances found upon public free school land.

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

SECTION 1. The Commissioner of the General Land Office may, with the consent and approval of the Governor and Attorney General, sell the Guayule, Lechuguilla, growing or found upon the public free school land, exclusive of timber. The sales may be upon such terms, conditions and limitations as they may deem most advantageous, having in view the protection of the interest of the school fund and the State. They may also enter into such contracts as they may deem wise for the purpose of having determined the commercial properties and value of any and all such material, and for such purpose they may enter into executory contracts of sale; provided, they shall not in such contracts cause the expenditure of public money nor incur any liability on the State.

SEC. 2. The fact that there is now no law upon the statute books