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Gregg, Grimes, Hardin, Harrison, Hays, Henderson, Hill, Hood, Hunt, Ellis, El Paso, Erath, Fannin, Franklin, Falls, Freestone, Gonzales, Eastland, Stephens, Fayette, Fort Bend, Galveston, Goliad, Grayson, Hopkins, Houston, Jackson, DeWitt, Jasper, Jefferson, Johnson, Kaufman, Lamar, Lee, Leon, Lampasas, Maverick, McLennan, Madison, Marion, Montgomery, Montague, Morris, Nacogdoches, Newton, Orange, Panola, Parker, Polk, Palo Pinto, Raines, Red River, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, Shackleford, Shelby, Smith, Titus, Trinity, Tyler, Upshaw, Van Zandt, Walker, Washington, Wharton, Wise, Wood, Jack, Harris, Clay, Young, Limestone, Wheeler, Lavaca, Nueces, Bee, Refugio, San Patricio, Somerville, Matagorda, Waller, Karnes, Victoria, Milam, Live Oak, Williamson, Liberty, Guadalupe, Gillespie, Baylor, Knox, Archer, Hardeman, Childress, Hall, Denton, Collingsworth, Donley, Gray, Armstrong, Briscoe, Floyd, Kendall, Comal, Navarro, Brown, Coryell, Hamilton, Mills, Duval, Comanche, Bailey, Oldham, Hartley, Hockley, Cochran, Wilson, Foard, Throckmorton, Menard and Tarrant are hereby exempt from the operation of this Act, and the provisions of the same shall in no wise relate or apply to the aforesaid counties ; provided that in those counties bordering on the line of the State, except those bordering on Red River and the Rio Grande, when there is a depot or place for the shipment of cattle, no inspector of hides and animals shall be elected but one for each of such counties shall be appointed by the Governor, who shall hold office for two years and until his successor shall be appointed; and said inspector so appointed to take the constitutional oath of office and give the bond now required by inspectors of hides and animals, and such inspectors shall receive the same fees now allowed inspectors of hides and animals, and perform the same duties; provided, the inspectors shall be elected in counties of Cameron, Hidalgo, Starr, Zapata and Webb; provided, that such cattle shall not be subject to inspection on board of any railroad unless the same have been placed on board of such train for the purpose of evading the provisions of this Act; and provided further, that the counties of Limestone, Fayette, Lavaca, Gonzales, Colorado, Bell, Calhoun, Hays, Caldwell, Blanco, Llano, Kendall, Comal, Houston, Austin, Johnson, Hill, Ellis, Jackson, Victoria, DeWitt, Freestone, Hamilton, Williamson, Milam, Live Oak, Harris, Bosque, Erath, Hood, Somerville, Liberty, Coryell, Lampasses, Mills, Wichita, Wilbarger, Hardeman, Gray, Armstrong, Briscoe, Floyd, Cottle, Hemphill, Fannin, Camp, Childress, Hall, Collingsworth, Donley, Delta, Franklin, Hopkins, Hunt, Wilson, Navarro, Guadelupe, Gillispie, Baylor, Throckmorton, Wheeler and Knox shall be exempt from all laws regulating inspection of hides; and provided further, that the provisions of this Article and Chapter shall in no wise relate or apply to the counties of Oldham, Hartley, Dallam, Parmer, Bailey, Lamb, Hemphill, Cottle, Hardeman, Maverick, and Cockran; provided further, that Swisher county, which was by Act of the Twenty-first Legislature, Chapter 51, page 46, exempted from the operation of the stock inspection law, be and the same is hereby restored and placed under the operation of said law, and provided further, that the Governor be and is hereby authorized and empowered to appoint such inspector as is provided for in said law who is to qualify as provided for therein and to hold such office until his successor is elected and qualified thereunder at the next general election in said Swisher county; that all laws and parts of laws in conflict with the provisions of this Act are hereby repealed.
SEC. 2. Whereas, the towns of Happy and Tulia jn said Swisher county are now railroad shipping points for live stock, and large herds of cattle will soon be ready for shipment from said points, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and it is so suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.
[NOTE.—The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 22, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 95, nays 0.]
Approved March 13, 1907.
S. B. No. 196.]
An Act to restore and confer upon the county court of Lipscomb county, Texas,
the civil and criminal jurisdiction heretofore belonging to the said court under the Constitution and General Laws of the State, and to conform the jurisdiction of the district court of said county to such change, and to repeal all laws in conflict with this act, and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That the county court of Lipscomb county shall hereafter have exclusive original jurisdiction in civil cases where the matter in controversy shall exceed in value two hundred dollars and shall not exceed five hundred dollars exclusive of interest; and shall have concurrent jurisdiction with the district court of said county when the matter in controversy shall exceed five hundred dollars and not exceed one thousand dollars, exclusive of interest, but shall not have jurisdiction of suits for the recovery of land.
SEC. 2. Said county court shall have appellate jurisdiction in civil cases over which justice court have original jurisdiction when the judgment of the court appealed from shall exceed twenty dollars, exclusive of costs; and said county court shall have power to hear and determine cases brought up from the justice court by certiorari, under the provisions of the title of the Revised Statutes of Texas, relating thereto.
SEC. 3. The county judge of said county shall have authority either in term time or in vacation to grant writs of mandamus, injunction, sequestration, garnishment, attachment, certiorari, supersedeas, and all other writs necessary to the enforcement of the jurisdiction of said court, and shall have the power to issue writs of habeas corpus in all cases in which the constitution has not exclusively conferred the power on the district court or judge thereof.
SEC. 4. Said county court shall have jurisdiction in the forfeituro and judgment of all bonds recognizances taken in criminal cases, of which criminal cases said court shall have original or appellate jurisdiction.
SEC. 5. Said county court shall have exclusive and original jurisdiction of all misdemeanors of which exclusive and original jurisdiction is not given to the justice court, as the same is now or may hereafter be prescribed by law, except misdemeanors involving official misconduct.
SEC. 6. The district court of said Lipscomb county shall no longer have jurisdiction of misdemeanors, except misdemeanors involving official misconduct, and shall no longer have jurisdiction of cases of which the county court of said county by the provisions of this act have original or appellate jurisdiction, and it shall be the duty of the district clerk of said county within ninety days after this act shall take effect to make full and complete transcript of all orders on the criminal and civil dockets in cases then pending before the district court of said county of which cases by the provisions of this act original or appellate jurisdiction is given to said county court, and to deliver said transcript, together with the original papers and a certified copy of the bill of costs in each case, to the county clerk of said county; and said county clerk shall take charge of said transcript and papers, file the same and enter said cases on their said respective dockets for trial by said courts.
SEC. 7. Said county court shall also have the power to hear and determine all motions against sheriffs and other officers of said court, for failure to pay over monies collected under the process of said court, or other defalcations of duty in connection with such process; and shall have power to punish by fine not exceeding one hundred dollars, and by imprisonment not exceeding three days, any persons guilty of contempt of said court, and all other powers and jurisdiction conferred on county courts by the constitution and general laws of the State.
SEC. 8. All laws and parts of laws in conflict with this act are hereby repealed.
Sec. 9. The crowded condition of the docket of the district court of Lipscomb county creates an emergency and an imperative public necessity exists that the constitutional rule requiring bills to be read on three several days, be, and the same is hereby suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.
[NOTE.—The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 21, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 98, nays 0.]
Approved March 13, 1907.
SCHOOL LANDS-VALIDATING SALES OF.
H. B. No. 513.]
An Act to validate sales of school lands to actual settlers in such cases as the
applicant did settle on the land within the time required by law, but did not file in the General Land Office the affidavit of settlement within the time required by law, but did settle and in person or by legally substituted assignee continue to reside upon the land in good faith.
SECTION 1. Be it enacted by the Legislature of the State of Texas: In all cases where persons have made valid applications to purchase land on the condition of becoming an actual settler thereon within ninety days after date of acceptance and award under the Act of April 15, 1905, and the land was subject to sale and the application was accepted and award was issued as required by law, and the applicant did become in person an actual bona fide settler on the land within the time required by law, but did not file in the General Land Office the required affidavit of settlement within the time required by law, but did file the affidavit and such purchaser, or his legal assignee, has continued to reside thereon, then, and in that event, such settlement and attempted purchases are hereby declared to be valid. Nothing herein shall be construed to affect any rights of persons who have actually filed (not simply deposited in sealed envelopes) in the Land Office legal purchase applications for the same land prior to the taking effect of this act.
SEC. 2. The fact that there are some applications and awards of school lands recently lawfully cancelled by the Land Commissioner in accordance with law, for the failure of the applicant to file the necessary affidavit in the Land Office within the time required by law, and such persons are in good faith actually in person residing on the land and have all their possessions invested therein and such land will soon come on the market again for sale, to the great loss of such former applicants, creates an emergency and a public necessity exists demanding the suspension of the constitutional rule requiring bills to be read in each House on three several days, and it is so suspended, and this act shall take effect from and after its passage.
[NOTE.—The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 100, nays 0; was referred to the Senate, amended and passed by a two-thirds vote, yeas 27, nays 1; and that the House of Representatives concurred in the Senate amendments by a two-thirds vote, yeas 109, nays 0.]
Approved March 14, 1907.
CRIMINAL PROCEDURE-REGULATING BAIL IN FELONY
H. B. No. 216.]
CHAPTER XIX. An Act regulating bail in criminal cases, and relating to procedure in prosecutions for felonies, with an emergency clause.
SECTION 1. Be it enacted by the Legislature of the State of Texas: In all prosecutions for felonies, the defendant must be personally present at the trial, and he must likewise be present in all cases of indictment for misdemeanors where the punishment, or any part thereof, is imprisonment in jail; provided, that in all cases the verdict of the jury shall be received by the court and entered upon the records thereof in the absence of the defendant, when such absence on his part is wilful or voluntary, and when so received it shall have the same force and effect as if received and entered in the presence of such defendant; and when the record in the appellate court shows that the defendant was present at the commencement, or any portion of the trial, it shall be presumed in the absence of all evidence in the record to the contrary that he was present during the whole trial.
SEC. 2. Where the defendant in cases of felonies is on bail when his trial commences, the same shall not thereby be considered as discharged until the jury shall return into court a verdict of guilty and the defendant taken in custody by the sheriff, and he shall have the same right to have and remain on bail during the trial of his case and up to the return into court of such verdict of guilty as under the law he now has before the trial commences; but immediately upon the return into court of such verdict of guilty he shall be placed in the custody of the sheriff and his bail be considered as discharged.
SEC. 3. In all cases of felony where upon the trial thereof the defendant has been convicted and his punishment assessed at confinement in the penitentiary for any period of fifteen years or less, and where an appeal is taken from such conviction and judgment rendered thereon, the defendant thus convicted shall have the right to remain on bail during the pendency of said appeal and until the judgment of the trial court is affirmed by the Court of Criminal Appeals and the mandate thereof filed with the clerk of such trial court by entering into a recognizance in said court in such sum as is fixed by the court.
SEC. 4. Where the defendant appeals in any case of felony from the judgment of the district court, and where bail is allowed by the provisions of this act, he shall, if he be in custody, be committed to jail, unless he enter into a recognizance to appear as hereinafter required; and if he be in custody his notice of appeal shall have no effect whatever to release him from such custody until he enters into recognizance; and no recognizance shall be taken or allowed unless the defendant is in custody of the sheriff at the time thereof.
SEC. 5. In all appeals from judgments and convictions for felonies where bail is hereby allowed, the following form of recognizances shall be considered sufficient: