Sidebilder
PDF
ePub

ing to serve or to designate a deputy, or the deputy so failing to serve shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty nor more than five hundred dollars.

SEC. 11. If any person shall put into the wheel or take from the wheel, except at the times and in the manner provided for in this Act, a card or cards bearing the name or names of any person, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty nor more than five hundred dollars.

SEC. 12. Nothing contained in this Act is to be construed as in any manner amending or repealing any part of Chapter 1, Title VII of the Code of Criminal Procedure of the State of Texas.

SEC. 13. That Chapters 2, 3 and 4 of Title LXII of the Revised Statutes of Texas, and Article 3159-a, of Chapter 4, Title LXII of the Revised Statutes of Texas, and Article 647-a, Chapter 2, Title VIII of the Code of Criminal procedure of the State of Texas, as amended by the Acts of the Regular Session of the 29th. Legislature, be and the same are hereby repealed, except as hereinbefore provided, as to all counties in Texas having a City or Cities therein containing in the aggregate a population of Twenty thousand (20,000) or more people.

SEC. 14. If any person shall violate any of the provisions of this Act, or shall wilfully or negligently fail or neglect to perform any duty herein required of him, then where no penalty is specifically imposed by the terms of this Act, he shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than fifty nor more than five hundred dollars.

SEC. 15. Whereas the present method of selecting jurors for Counties containing large cities is now very cumbersome, unsatisfactory and a source of great expense to such Counties, creates an emergency and an imperative public necessity requiring that the Constitutional rule requiring that all bills be read on three several days be suspended, and that this Act be in force from and after its passage, and it is so enacted.

Approved April 18, 1907.

Takes effect ninety days after adjournment.

MORTGAGES-PROVIDING FOR DESTRUCTION OF.

H. B. No. 142.]

CHAPTER CXL.

An Act providing for the destruction of chattel mortgages in certain cases, and to relieve the county vaults of worthless papers, with an emergency clause.

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

SECTION 1. That all chattel mortgages hereafter filed with the county clerks of this State in accordance with law shall be prima facie presumed to have been paid after the expiration of six years. from the date of the maturity of the debts such mortgages were intended to secure, unless the owner or holder of such mortgage, his agent or

attorney, shall, within three months next before the expiration of said time, file an affidavit in writing with the county clerk stating that such debt has not been paid, and the amount still due thereon. If such affidavit is not filed the clerk shall, at the expiration of said time, make disposition of such mortgage, either by delivering the same to the maker or by burning the same. All chattel mortgages which, at the time of the passage of this act, are on file in the county clerks' offices, and which have been on file for more than six years since the maturity thereof, shall be delivered to the maker thereof or be by the clerk burned, unless the owner or holder thereof, his agent or attorney, shall, within twelve months after date of the approval of this act, file the affidavit above required.

SEC. 2. The fact that there are now on file in the county clerks' offices in this State hundreds of thousands of these useless liquidated mortgages, and on account of the probability of their continuing to increase in the future, thus filling the vaults of this State with worthless papers, creates an emergency and an imperative public necessity that the constitutional rule requiring a bill to be read on three several days be suspended, and that this bill be put on its third reading and final passage, 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.

BARBERING-REGULATING SAME.

S. S. B. No. 141.]

CHAPTER CXLI.

An Act to regulate the practice of barbering, the registering and licensing of persons to carry on such practice, and to insure the better education of practitioners and to insure better sanitary conditions in barber shops, and to prevent the spread of disease in the State of Texas, and declaring an emergency.

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

SECTION 1. It shall be unlawful for any person to follow the occupation of barber in this State unless he shall first have obtained a certificate of registration as provided for in this Act. Provided, however, that nothing contained in this Act shall apply to or affect any person who is now actually engaged in such occupation, except as hereinafter provided.

SEC. 2. A Board of Examiners to consist of three persons is hereby created to carry out and enforce the provisions of this Act. Said Board shall be appointed by the Governor and shall consist of practical barbers who have been for at least five years prior to their appointment engaged in the occupation of barber in this State. Each member of said Board shall serve a term of two years and until his successor is appointed and qualified, and shall take the oath provided for public officers. Vacancies shall be filled by the Governor for the unexpired portion of this term.

SEC. 3. Said Board shall elect a President, Secretary and Treasurer, shall have a common seal and shall have the power to administer The office of Secretary and Treasurer may be filled by the same person, in the discretion of the Board of Examiners. The Secretary and Treasurer shall each give a bond with two or more good and sufficient sureties, payable to and to be approved by the Secretary of State in the sum of one thousand ($1000.) dollars, conditions that they will each of them faithfully perform the duties of their respective offices.

SEC. 4. Each member of said Board shall receive a compensation of three ($3.) dollars per day and actual expenses for actual service, and three (3) cents per mile for each mile actually traveled in attending the meetings of the Board, which compensation shall be paid out of any moneys in the hands of the Treasurer of said Board; provided, that said compensation and mileage shall in no event be paid out of the State Treasury. Said Board shall present annually to the Governor, in the month of July, a detailed statement of the receipts and disbursements of the Board during the preceding year.

SEC. 5. Said Examining Board shall hold practical examinations. at least four times each year, said examinations to be held in cities in different parts of the State, distributed as evenly as possible, for the convenience of applicants, and such other examinations at such times and places as the examining Board may from time to time determine. Whenever complaint is made to the Board of Examiners or to the State Health Officer that any barber shop within this State is kept in an unsanitary condition, or that a contagious disease has been imparted to any customer of such shop, a member of the Board of Examiners shall visit and inspect such shop, and if he finds such shop to be in an unsanitary condition, or finds that a contagious disease has been imparted to a customer of such shop, he shall proceed as provided in section 12 of this Act.

SEC. 6. Every person now engaged as a barber in this State, shall within ninety (90) days after the approval of this Act, file with the Secretary of the Board of Examiners an affidavit setting forth his name, residence and length of time during which, and the place in which he has practiced such occupation, and shall pay to the Treasurer of said Board two ($2) dollars, and a certificate of registration entitling him to practice said occupation in this State shall be issued to him subject to the provisions of this Act.

SEC. 7. Any person not engaged as barber at the time of the passage of this Act desiring to obtain a certificate of registration under this Act shall make application to the Board of Examiners, therefor, pay to the Treasurer of said Board an examination fee of two ($2) dollars, presenting himself at the next regular meeting of the Board for the examination of applicants, and if he shows that he has studied the trade for two years as an apprentice under one or more practicing barbers, or practiced the trade for at least two years in this State or some other State in the United States, and he is possessed of the requisite skill in such trade to properly perform all the duties thereof, including his ability in preparation of the tools, shaving, hair cutting and all the duties and services incident thereto, and of sufficient

knowledge concerning the common diseases of the face and skin to avoid the aggravation and spreading thereof in the practice of said trade, his name shall be entered by the Board on the register hereafter provided for and a certificate of registration shall be issued to him authorizing him to practice said trade in this State subject to the provisions of this Act.

SEC. 8. Nothing in this Act shall prohibit any person from serving as a barber apprentice under a barber authorized to practice his trade under this Act. Provided, that any person desiring to so work as an apprentice, must apply to said Board to have his name entered in a register kept by the Board for such purpose, giving the date of his apprenticeship, and after serving two (2) years in the trade, he will then be eligible to become a registered barber, by complying with the provisions of Section 7 of this Act. Provided, that nothing in this Act shall apply to the students of the State University or other schools of the State who are or may be making their way through school by serving as barber, or those serving as barber in any of the eleemosynary institutions of the State; nor shall the provisions of this Section apply to persons serving as barber in towns of 1000 inhabitants or less.

SEC. 9. Said examining board shall furnish to each person to whom a certificate of registration is issued, a card or insignia bearing the seal of the Board and the signature of its President and Secretary, certifying that the holder thereof is entitled to practice the occupation. of barber in this State, and it shall be the duty of the holder of such card or insignia to post the same in a conspicuous place in front of his working chair where it may readily be seen by all persons whom he may serve.

[ocr errors]

SEC. 10. The examining board shall keep a record of all its proceedings; shall also show what action was had on all applications, whether the applicant was registered or rejected by examination or otherwise, and such books shall be prima facie evidence of all matters required to be kept therein. The examining board shall have power to adopt rules and regulations prescribing the sanitary requirements of barber shops; subject to the approval of the State Health Officer, and shall have said rules and regulations printed and transmit a copy to each proprietor of a barber shop in the State. The failure of the proprietor of any barber shop in the State to comply with said sanitary rules and regulations shall be sufficient cause for the revocation of his certificate of registration; subject to the provisions of Section 12 of this Act.

SEC. 11. Said Board shall keep a register in which shall be entered the names of all persons to whom certificates are issued under this Act, and said register shall at all times be open to public inspection.

SEC. 12. If any shop be found in an unsanitary condition, or if the holder of any certificate be charged with imparting any infectious disease, the Board of Examiners shall immediately notify the local health officer thereof, and such shop may be quarantined and the barber so charged shall not practice his occupation until such quarantine shall be removed by the health officer.

SEC. 13. To shave or trim the beard or cut the hair of any person for hire or pay to the person performing such service or any other

person, shall be construed as practicing the occupation of barber within the meaning of this Act.

SEC. 14. Any person practicing the occupation of barber in this State, without having obtained a certificate of registration, as provided for in this Act, or employing a barber who has not such a certificate, or falsely pretending to be qualified to practice such occupation under this Act, or violation of any of the provisions of this Act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not less than ten ($10.) dollars nor more than twentyfive ($25) dollars.

SEC. 15. The near approach of the end of the present session of the Legislature, the crowded condition of the calendar, and the importance of this Act, create an emergency and an imperative public necessity for the suspension of the rule which requires that all bills shall be read on three several days, and said rule is hereby suspended and this Act shall 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.

PELICAN SPIT-CONVEYING SAME TO U. S. GOVERNMENT. S. B. No. 260.]

CHAPTER CXLII.

An Act to ratify and confirm the action of the Board of Commissoners of the City of Galveston, passed February 14, 1907, releasing and conveying to the United States of America that certain area or territory in Galveston Bay therein set forth and described, and declaring an emergency.

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

SECTION 1. That the action of the Board of Commissioners of the City of Galveston, set forth in a resolution passed and adopted by that board February 14, 1907, releasing to the United States any claim of the said City of Galveston to a certain area or territory in Galveston Bay, hereinafter more specifically described, is hereby ratified and confirmed; and the consent of the State of Texas is hereby given to the release, transfer, and conveyance to the United States by the said board, of all right, title, claim and interest of the City of Galveston in and to the aforesaid area or territory described in said resolution as follows: Beginning at a point on Pelican Island Harbor line, known as Old Red Beacon; thence with Harbor line S. 38 degrees 21′ 22′′ W. 125 feet; thence N. 55 degrees 07′ 20′′ W. 297 feet to U. S. Dike; thence on same bearing and 100 feet W. of and parallel to U. S. Dike 7068 feet; thence N 4 degrees 43′ 01′′ W. 2697 feet; thence N. 29 degrees 11′ 52′′ E. 2849 feet to Harbor line; thence with Harbor line S. 61 degrees 0' E. 7560 feet; thence with Harbor line S. 15 degrees 33′ 31′′ W. 2647 feet; thence with Harbor line S. 13 degrees 23′ 02′′ W. 310 feet; thence with Harbor line S. 17 degree, 35′ 38′′ W. 2908 feet to the place of beginning, containing 978.63 acres.

SEC. 2. The Board of Commissioners of the City of Galveston is

« ForrigeFortsett »