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rights of property, real and personal, enjoyed by each at the date of the expiration of their several charters, by in like manner filing a charter, which shall recite the fact of consolidation, accompanied by certified copies of said original charters; provided, the provisions hereof shall not be construed to relieve any corporation from the payment of occupation taxes now or hereafter required by law.

SEC. 2. The near approach of the end of the session, and the crowded condition of the calendar, create 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 in force from and after its passage, and it is so enacted.

Approved April 23, 1907.

Takes effect ninety days after adjournment.

TAXES-DEFINING AND EXEMPTING PROPERTY OF CHARITABLE INSTITUTIONS FROM.

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An Act to amend Article 5065, of Title 104, Chapter 2, of the Revised Civil Statutes of the State of Texas, as amended by Chapter 127 of the General Laws of the State of Texas, passed by the Twenty-ninth Legislature at its regular session in A. D. 1905, so as to define, exempt, and regulate the exemption of, Endowment Funds of educational institutions from taxation, and declaring an emergency.

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

That Article 5065 of the Revised Civil Statutes, as amended by Chapter 127, of the General Laws of Texas, A. D. 1905, be amended as follows:

Article 5065. Section 1. The following property shall be exempt from taxation, to-wit:

1. Public school houses and houses used exclusively for public worship, the books and furniture therein and the grounds attached to such buildings necessary for the proper occupancy, use and enjoyment of the same, and not leased or otherwise used with a view to profit. All public colleges, public academies, all buildings connected with the same and all the lands immediately connected with public institutions of learning, and all endowment funds of institutions of learning and religion not used with a view to profit and when the same are invested in bonds or mortgages, or in land or other property which has been, or shall hereafter be, bought in by such institutions under foreclosure sales made to satisfy or protect such bonds or mortgages-provided that such exemption of such land and property shall continue only for two years after the purchase of the same at such sale by such institutions and no longer and all buildings used exclusively and owned by persons or associations of persons for school purposes. This provision shall not extend to leasehold estates of real property held under authority of any college or university of learning.

2. All lands used exclusively for graveyards or grounds for burying the dead, except such as are held by any person, company or corpora

tion with a view to profit, or for the purpose of speculating in the sale thereof.

3. All property, whether real or personal, belonging 'exclusively to this State, or any political subdivision thereof, or the United States. 4. All buildings belonging to counties for holding courts, for jails, or for county officers with the land belonging to and on which such buildings are erected.

5. All lands, houses and other buildings belonging to any county, precinct or town, used exclusively for the support or accommodation of the poor.

6. All buildings belonging to institutions of purely public charity, together with the lands belonging to and occupied by such institutions not leased or otherwise used with a view to profits, unless such rents and profits and all moneys and credits are appropriated by such institutions solely to sustain such institutions and for the benefit of the sick and disabled members and their families and the burial of the same, or for the maintenance of persons when unable to provide for themselves whether such persons are members of such institutions or not. An institution of purely public charity under this Act is one which dispenses its aid to its members and others in sickness or distress, or at death, without regard to poverty, or riches of the recipient, also when the funds, property and assets of such institutions are placed and bound by its laws to relieve, aid and administer in any way to the relief of its members when in want, sickness and distress and provides homes for its helpless and dependent members and to educate and maintain the orphans of its deceased members or other persons.

All fire engines and other implements owned by towns and cities used for the extinguishment of fires with the buildings used exclusively for the safe-keeping thereof.

8. All market houses, public squares or other public grounds, town or precinct houses or halls used exclusively for public purposes, and all works, machinery or fixtures belonging to any town used for conveying water to such town.

9. All public libraries and personal property belonging to the same. 10. All household and kitchen furniture not exceeding at their true and full value two hundred and fifty dollars to each family; in which may be included one sewing machine.

11. All annual pensions granted by the State, or United States. SEC. 2. The near approach of the end of the session and the crowded condition of the calendar, creates an emergency and an imperative public necessity, requiring the suspension of the constitutional rule. requiring bills to be read on three several days, and said rule is hereby suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved April 23, 1907.

Takes effect ninety days after adjournment.

NURSERY PRODUCTS-RELATING TO SALE OF.

S. B. No. 127.]

CHAPTER CLX.

An Act to prohibit Vendors of Nursery products, their agents, servants and employees, from defrauding vendees, and providing penalties for the violation thereof, and declaring an emergency.

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

SECTION 1. That any person, persons, company of persons, copartnership, any member of a company or co-partnership, any corporation or any stockholder or officer thereof, any agent, servant or employee of any such person, persons, company of persons, co-partnership, member or stockholder of any company, co-partnership or corporation or officer aforesaid, who shall hereafter knowingly make any false representation or representations, of the name, quality or nature of any nursery product for the purpose of inducing any vendee to buy the same, or who shall deliver to any vendee knowingly any such product other than that contracted for, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than one hundred dollars nor more than five hundred dollars, or imprisoned in the county jail not less than thirty days nor more than six months, or both so fined and imprisoned.

SEC. 2. The statute of limitation shall not begin to run against a prosecution under the foregoing section until such product shall have developed, and disclosed the fraud.

SEC. 3. Any vendee defrauded in violation of this Act shall be entitled to recover full damages at any time within two years after his discovery of the fraud.

SEC. 4. The fact that there is no law now in force to punish fraud or misrepresentations in making sales of nursery stock, and the near approach of the end of the session, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended and said rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Approved April 23, 1907.

Takes effect ninety days after adjournment.

RAILROADS EXTENDING TIME TO CONSTRUCT.

S. B. No. 246.]

CHAPTER CLXI.

An Act for the relief of railway corporations having charters granted or amended since the first day of January, 1906, and which have failed, or are about to fail to construct their roads and branches, or any part thereof, within the time required by law, and declaring an emergency.

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

SECTION 1. That any railway company which by amendment to its articles of incorporation filed with the Secretary of State of this

State since January 1, 1906, has provided for the construction of one or more branch lines and which since, the first day of January, 1906, has constructed 50 miles of any one of such branch lines in the State of Texas, or which, since January 1, 1906, shall have laid 30 miles of main line in the State of Louisiana, shall have two years additional time from the date when this act takes effect in which to comply as to its main line and as to each of its branches (projected by such amendment or by its articles of incorporation filed since November 1, 1904) with the provisions of article 4366, 4558 and 4559 of the Revised Civil Statutes of this State, and each such railway company which shall have forfeited its corporate existence as to any part of its main line, or as to any branch line or part thereof by reason of the failure to comply with the said articles, or either of them, or any part thereof, shall have and such corporate existence is hereby restored and preserved to it, and it shall enjoy all of the corporate franchises, property rights, and powers held or acquired by it previous to any cause of forfeiture on account of such failure; provided that no such railway company shall claim or exercise any right of franchise not allowed, granted or permitted to other railway corporations under the laws now in force in this State, and every such railwav company shall comply with the laws of this State now in force pertaining to railway corporations.

SEC. 2. The fact that no good can result to the State from the forfeitures provided against in this act, and that the public interests will be promoted by the relief herein provided, creates an emergency and an imperative public necessity authorizing the suspension of the constitutional rule requiring bills to be read on three several days, and it is so suspended, and demanding that this act take effect and be in force from and after its passage, and it is so enacted.

Approved April 23, 1907.

Takes effect ninety days after adjournment.

BANKS-RELATING TO SAVINGS BANKS.

S. B. No. 199.]

CHAPTER CLXII.

An Act to repeal Section 21 of Chapter 10 of the General Laws passed by the Twenty-ninth Legislature of Texas at the First Called Session, relating to banks and banking, and declaring an emergency.

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

SECTION 1. That Section 16 of Chapter 10 of the General Laws passed at the First Called Session of the Twenty-ninth Legislature be and the same is hereby amended so as to read as follows: Sec. 16. Savings banks shall have authority:

To receive, accumulate and safely keep any deposit of money from any persons, corporations or societies and to invest, hold and repay the same, creliting and paying interest thereon as in this act authorized and provided, and not otherwise.

2. At its option in connection therewith to take and receive as bailee for safe keeping and storage, jewelry, plate, money, specie, bullion, stocks, bonds, securities and valuable papers of any kind and other valuables, guaranteeing their safety upon such terms and for such compensation as may be agreed upon and to let out vaults, safes and other receptacles for the use, benefit and purposes of such corporations.

SEC. 2. That Section 21 of Chapter 10 of the General Laws passed at the First Called Session of the Twenty-ninth Legislature of Texas be and the same is hereby repealed.

SEC. 3. The fact that there is no adequate law upon this subject, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three severay days be suspended and said 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 23, 1907.

Takes effect ninety days after adjournment.

LOCAL OPTION-RELATING TO APPEALS IN CONVICTIONS FOR VIOLATIONS OF.

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An Act to authorize either the State or the defendant by a written request filed among the papers of any cause in which the defendant may have been convicted of a violation of the local option law prohibiting the sale of intoxicating liquors in local option territories to have the appeal therefrom sent to that branch of the Court of Criminal Appeals then in session, or at which such appeals can be soonest reached and decided when there arises any Constitutional question or an irregularity or illegality in any prohibition election, and declaring an emergency.

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

SECTION 1. That in any criminal case wherein the defendant is charged with a violation of the local option law, prohibiting the sale of intoxicating liquors in local option territories and wherein any Constitutional question or the validity of such election is involved, on a written request filed among the papers of said cause, either the State or the defendant may have the appeal forwarded to that branch of the Court of Criminal Appeals then in session, or wherein such cases can be more quickly reached and decided, and that all such cases, for the viclation of such law shall be preference cases and on motion, shall be advanced and immediately heard in said court.

SEC. 2. The fact that there is no way by which the State can have a prompt and speedy adjudication of the matters involved in such cases and that such cases are often heard six months or a year after appeal, creates an emergency and an imperative public necessity requiring the suspension of the Constitutional rule which requires bills to be read on three several days, and said rule is hereby suspended, and

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