not to exceed one day's bag limit and under such restrictions and regulations as may be prescribed by the Game, Fish and Oyster Commis

sioner.

SEC. 12. The Game, Fish and Oyster Commissioner and his deputies appointed under the provisions of this Act are hereby made Fire Commissioners and it shall be their duty, in addition to their duties provided for in this Act to caution sportsmen or other persons while in the woods or marshes or prairies of the danger from fire and to extinguish all fires left burning by any one, within their power, and to give notice to any and all parties interested, when possible, of fires raging and beyond their control, to the end that same may be controlled and extinguished.

SEC. 13. Any person violating the provisions of this Act shall be punished upon conviction by fine not exceeding $100. and the cost of prosecution or imprisonment in the County jail not exceeding thirty days, or by both such fine and imprisonment in the discretion of the Court.

And the Court shall sentence the offender to be confined in the County jail until such fine is paid for any period not exceeding one hundred days; and in all cases where a fine and imprisonment is imposed, the sentence shall provide that if the fine and costs are not paid at the time of the expiration of such imprisonment, the person serving such sentence shall be further detained in jail until such fine and costs are paid, for any period stated, provided that the whole term of imprisonment shall not exceed six months.

SEC. 14. The provisions of this act shall be cumulative of all laws. now in force, except such laws and parts of laws which are in conflict with the provisions of this act, which said laws and parts of laws conflicting herewith are hereby repealed.

Approved April 18, 1907.

Takes effect ninety days after adjournment.

INTOXICATING LIQUORS-REGULATING SALE OF.

H. B. No. 13.]

CHAPTER CXXXVIII.

An Act to regulate the sale and disposition of spirituous, vinous and malt liquors and medicated bitters capable of producing intoxication, and the places wherein same are sold; imposing an occupation tax upon persons, firms, corporations and associations of persons, selling spirituous, vinous or malt liquors or medicated bitters capable of producing intoxication; requiring retail liquor dealers and other persons to secure license to sell such liquors, and defining retail liquor dealers and regulating the business thereof; requiring retail malt dealers and other persons to secure license to sell malt liquors exclusively, capable of producing intoxication; and defining retail malt dealers and regulating the business thereof; exempting wine growers who sell wine of their own production from the provisions of this Act, provided same is not sold to be drunk on the premises where sold, and otherwise regulating the business of such wine growers; regulating the transfer of licenses of retail liquor dealers and retail malt dealers; prescribing the conditions of the bonds of such retail dealers and the conditions upon which licenses to such dealers and other persons may be issued; providing for the refund of any unearned portion of any license upon the death of the licensee; requiring the County Clerk to report all licenses granted to the Comptroller of Public Accounts; providing for the revocation under certain conditions of licenses issued; defining intoxicating liquor, and providing penalties for the violation of the provisions of this Act, and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: Hereafter there shall be collected from every person, firm, corporation or association of persons selling spirituous, vinous or malt liquors, or medicated bitters capable of producing intoxication, in this State, not located in any County or subdivision of a County, Justice Precinct, City or Town where local option is in force under the laws of Texas, an annual tax of three hundred and seventy-five ($375.00) dollars on each separate establishment as follows: For selling such liquors or medicated bitters in quantities of one gallon or less than one gallon, three hundred and seventy-five dollars ($375.00); for selling such liquors or medicated bitters in quantities of one gallon or more than one gallon, three hundred and seventy-five ($375.00) dollars; provided that in selling one gallon the same may be made up of different liquors in unbroken packages aggregating not less than one gallon; for selling malt liquors exclusively sixty-two dollars and fifty cents; provided, further, that nothing in this Article shall be so construed as to exempt druggists who sell spirituous, vinous, or malt liquors, or medicated hitters capable of producing intoxication, on the prescription of a physician or otherwise, from the payment of the tax herein imposed; provided, further that this Article shall not apply to the sale by druggists of tinctures and drug compounds, in the preparation of which such liquors or medicated bitters are used and sold on the prescription of a physician or otherwise, and which tinctures and compounds are not intoxicating beverages prepared in the evasion of the provisions of this Chapter nor the Local Option law. The Commissioners' Court of the several Counties in this State shall have the power to levy and collect from every person or association of persons selling spirituous, vinous or malt liquor, or medicated bitters, a tax equal to one-half the State tax herein levied; and where any such sale is made in any incorporated City or Town, such City or

Town shall have the power to levy and collect a tax upon such sale equal to that levied by the Commissioners' Court of the County in which such City or Town is situated.

SEC. 2. A retail liquor dealer is a person, or firm permitted by law, being licensed under the provisions of this Act, to sell spirituous, vinous and malt liquors, and medicated bitters capable of producing intoxication, in quantities of one gallon or less which may be drunk on the premises.

SEC. 3. A retail malt dealer is a person or firm permitted by law, being licensed under the provisions of this Act, to sell malt liquors capable of producing intoxication exclusively, in quantities of one gallon or less which may be drunk on the premises.

SEC. 4. No person shall directly or indirectly sell spirituous or vinous liquors capable of producing intoxication in quantities of one gallon or less, without taking out a license as a retail liquor dealer. Any person who shall violate the provisions of this Section shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine or not less than fifty dollars, nor more than two hundred dollars, or by imprisonment in the County jail for a term not to exceed six months, or by both such fine and imprisonment.

SEC. 5. No person shall sell, directly or indirectly, malt liquor capable of producing intoxication in quantities of one gallon or less, without taking out a license as a retail malt dealer; provided, that this section shall not apply to a retail liquor dealer, and that a retail liquor dealer's license shall be construed to embrace a retail malt dealer's license. Any person who shall violate the provisions of this Section shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in the County jail for a term not exceeding ninety days, or by both such fine and imprisonment.

SEC. 6. This Act shall not be so construed as to deny the right of wine growers to sell wine of their own production in any quantity without licenses; provided that such wine grower shall not permit nor suffer any wine so sold by him to be drunk on his premises; and provided further, that this section shall not be so construed as to give any wine grower the right to sell any wine to any minor without the permission of the parent, master or guardian of such minor first had and obtained, or any drunkard, after being notified by any relative to such drunkard. not to make such sale, gift or disposition. Every wine grower who shall violate any of the provisions of this section shall be deemed guilty of a misdemeanor and, on conviction thereof, shall be punished by a fine of not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in the County jail during a term not to exceed three months, or by both such fine and imprisonment.

SEC. 7. No retail liquor dealer, nor retail malt dealer, shall carry on said business at more than one place at the same time under the same license; nor shall any such license be assignable or transferable more than once, but before the assignee or transferee of such license can engage in business thereunder, he shall comply with the provisions of this Act as is required of the original licensee; and provided, further, that the sale of such license, whether in the name of the original licensee or transferee may be made under execution or mortgage, and

the purchaser of such license at such sale shall have the right to surrender such license to the State, County or City which issued the tax receipt which is the basis therefor, and shall receive therefor the pro rata unearned portion of such license; provided, further that should said original licensee or his assignee or transferee desire to change the place designated in said license, he may do so by applying to the County Judge as in case of original application, for license as provided in Section 9 of this Act, but it shall be necessary to furnish another certificate from the Comptroller of Public Accounts.

SEC. 8. Any person or firm having a license as a retail liquor dealer or a retail malt dealer, and who shall be convicted of selling or permitting to be sold, or giving or permitting to be given any intoxicating liquors to a minor or of permitting a minor to enter and remain on his place of business, or of permitting any games prohibited by law to be played, dealt or exhibited in or about his place of business, or to rent or to let his place of business, or any part thereof, for such purpose or purposes, or of permitting prostitutes and lewd women to enter and remain in his place of business, shall, in addition to the punishment herein prescribed, forfeit his license as a retail liquor dealer, or a retail malt dealer, as the case may be, and the Court in which such conviction is had, shall cause such forfeiture to be entered in the judgment of conviction, and such retail liquor dealer, or retail malt dealer, shall thence forward be deemed to have no license, and the Clerk of such Court shall certify such forfeiture to the Comptroller of Public Accounts, as elsewhere herein provided.

SEC. 9. That hereafter any person or firm desiring a license as a retail liquor dealer or a retail malt dealer in any locality within this State other than where local option is in force, shall make application under oath to the Comptroller of Public Accounts of the State, on forms to be provided by him, for a permit to apply for a license to engage in such business, which said application shall state the County and locality therein where such person or firm desires to engage in such business, the name and place of residence of the person making the application, and if the applicant is a firm, the style of the same, and the names and places of residence of the individual members thereof, as the case may be, and that such person or firm, or any member thereof, are not disqualified under the laws of this State regulating and affecting the sale of intoxicating liquors from engaging in such business, thereupon it shall be the duty of the Comptroller to examine and act upon such application, and if he is satisfied that such applicant is entitled to such permit, he shall issue the same, which said permit shall state all the facts and things herein required to be stated in the application, and shall be attested by the Comptroller and bear the impress of the seal of his office for which the Comptroller shall be entitled to a fee of one dollar to be tendered by the applicant when the application is presented.

SEC. 10. Any person or firm desiring. a license as a retail liquor dealer or as a retail malt dealer, may in vacation or in term time file a petition with the Judge of the County Court of the County in which he desires to engage in such business, which petition shall have attached thereto the permit required by Section 9 hereof, as an exhibit to such

petition, shall state that the applicant is a law-abiding, tax-paying male citizen of the State of Texas, over the age of twenty-one years, and has been a resident of the County wherein such license is sought for more than two years next before the filing of such petition; that his license as a retail liquor dealer or retail malt dealer has not been revoked or forfeited within two years next before the filing of such petition; that he desires a license as a retail liquor dealer or as a retail malt dealer, as the case may be, specifically stating the place where such business is to be conducted, describing with reasonable certainty the house or place wherein the same is to be kept. And if the place of business be in any block or square of any City or town where there are more bona fide residences than there are business houses in said block or square, or in any block where there is a Church or school, then said petition shall be accompanied with the written consent of a majority of bona fide householders of the residences in said block or square. Upon the filing of the petition herein provided for, the County Judge shall set the same for hearing at a time not less than ten or more than twenty days from the filing of the same, and if, upon the trial or hearing thereof, he finds the facts stated in said. petition are true and that the same is accompanied by the permit aforesaid, he shall grant a license such as prayed for; provided, however, that upon the filing of such petition, the Clerk of the County Court shall give notice of the filing thereof, by posting upon the Court House door a written notice of such petition, together with the substance thereof. And the petition when filed shall remain with the said Clerk until the same is acted upon by the County Judge and shall be open to the inspection of any person desiring to see the same. And any resident tax-paying citizen residing or owning property in the block or square where said business is to be conducted, or County or District Attorney, shall be permitted to contest the facts stated in such petition and applicant's right to obtain the license sought, upon giving security for all costs which may be incurred in such suit, should the same be decided in favor of applicant; provided, no County nor District Attorney shall be required to give bond for such costs, but the County or State, as the case may be, shall be liable therefor.

SEC. 11. Upon the hearing of the petition, as provided in Section 10 hereof, the County Judge shall determine the truth or falsity of the facts alleged, and shall render his judgment granting or refusing the license accordingly, and shall cause the same to be recorded at length in a book kept for that purpose, which book shall be a record of said Court and shall be preserved by the Clerk thereof as an archive of his office.

SEC. 12. Upon the granting of a license by the County Judge, as provided by law, the Clerk shall furnish the applicant with a certified copy of the judgment, which, when exhibited to the County Tax Collector by him and the payment to said Collector of the license tax herein provided for; said Collector shall receive said license tax and issue to such applicant his receipt therefor, showing the amount paid, date of payment, for what paid, whether retail liquor dealer or retail malt dealer's license, and where such business is to be conducted.

SEC. 13. Upon the presentation to the County Clerk by the appli