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"The State of Texas,

VS.

A. B.

No.....

"This day came into open court A. B., defendant in the above entitled cause, who, together with C. D. and E. F., sureties, acknowledged themselves jointly and severally indebted to the State of Texas in the sum $..... conditioned that the said A. B., who stands ..in this court, and who has ...in this court, shall ap

charged with the offense of....

been convicted of the offense of.... pear before this court from day to day and from term to term of the same, and not depart therefrom without leave of this court in order to abide a judgment of the Court of Criminal Appeals of the State of Texas in this case."

SEC. 6. If, for any cause, the defendant fails to enter into and make the recognizance mentioned in Section 5 of this act during the term of court, but gave notice of and took an appeal from such conviction during such term, he shall, notwithstanding such failure, be permitted to give bail and obtain his release from custody by giving, after the expiration of such term of court and in vacation, his bail bond to the sheriff, with two or more good and sufficient sureties, in which the defendant, together with his sureties, shall acknowledge themselves severally indebted to the State of Texas in the sum of money fixed by the court upon the conditions as are provided for in recognizances in Section 5 of this act; but before such bail bond shall be accepted and the defendant released from custody by reason thereof, the same must be approved by such sheriff and the court trying said cause, or his successor in office. That when said bond is so given, approved and accepted, the defendant shall be released from custody.

SEC. 7. The amount of such recognizance and bail bond shall be fixed by the court in which judgment was rendered and the sufficiency of the security thereon shall be tested, and the same proceedings had as in cases of forfeitures in other cases of recognizances and bail bonds.

SEC. 8. When the clerk of any district court from whose judgment an appeal has been taken in felony cases wherein bail has been allowed shall receive the mandate of the Court of Criminal Appeals affirming such judgment, he shall immediately file the same in said court, and forthwith shall issue a capias for the arrest of the defendant for the execution of the sentence of the court, which shall recite the fact of conviction, setting forth the offense and the judgment and sentence of the court, the appeal from and affirmance of such judgment and the filing of such mandate, and shall command the sheriff to arrest and take into his custody the defendant and place him in jail and therein keep him until delivered to the proper penitentiary authorities as directed by said sentence. The sheriff shall forthwith execute such capias by placing the defendant in jail and therein keep him, as directed. SEC. 9. The capias provided for by this act may be issued to any county of this State and shall be executed and returned as in other felony cases, except that no bail shall be taken in such cases.

SEC. 10. The right of appeal, as otherwise provided by the law, shall in no wise be abridged by the provisions of this act.

SEC. 11. All laws and parts thereof in conflict with the provisions of this act are hereby repealed.

SEC. 12. The large amount of costs incurred by keeping the defendant in the custody of the sheriff during a trial when he is charged with felony, and during the appeal taken from felony convictions, and the frequent hardships endured by the defendants who are not guilty of a violation of law, and the liberty of the citizen, as well as the interests of the State, create an emergency and an imperative public necessity requiring 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 from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 90, nays 0; that it was referred to the Senate, was amended and passed by a two-thirds vote, yeas 26, nays 2; that the House of Representatives concurred in the Senate amendments by a two-thirds vote, yeas 91, nays 0.]

Approved March 15, 1907.

Became a law March 15, 1907.

COLEMAN COUNTY LANDS-VALIDATING SALES OF.

S. B. No. 74.]

CHAPTER XX.

An Act to validate and legalize all sales of real estate belonging or that belonged to Coleman County, situated in the town of Coleman, in Coleman County, heretofore made at private sale for and in behalf of said county, by J. F. Miles and W. O. Read, each in his representative capacity as Commissioner, under appointment of the Commissioners' Court of said county, by orders entered upon its minutes, to sell and dispose of real estate of said county situated in said town, and also validating all conveyances of said real estate made by said Commissioners as such, in consummating such sales, and declaring an emergency.

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

SECTION 1. That all sales of real estate belonging or that belonged to Coleman County, situated in the town of Coleman, in Coleman County, in the State of Texas, heretofore made at private sale and not at public auction, for and in behalf of said county, by J. F. Miles and W. O. Read, each acting in his representative capacity as Commissioner, under appointment of the Commissioners' Court of said county, by orders entered upon the minutes of said court, to sell and dispose of the real estate of said county situated in the town of Coleman, in said Coleman County, and all conveyances of said real estate respectively made by said Commissioners, appointed as aforesaid to sell and dispose of said real estate, be and the same are hereby validated, and said sales shall be held good and valid to all intents, and purposes as though made by said Commissioners at public auction instead of at private sale.

SEC. 2. For the reasons stated in this act the title to the lots sold in Coleman County situated in the town of Coleman are supposed to be defective and by reason of said supposed defects the owners of said lots who have paid said county full value therefor are unable to sell same until said defects are removed and the rights of said parties are thereby in danger, 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 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 29, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 110, nays 0.]

Approved March 15, 1907.

Became a law March 15, 1907.

CORPORATIONS PERMITTING THE ATTORNEY GEN-
ERAL AND HIS REPRESENTATIVES TO
EXAMINE BOOKS.

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An Act to require corporations and their officers to permit the Attorney General or any of his assistants or representatives to examine all the books, records, documents, etc., of such corporation; to take copies of same in certain cases, making failure to comply with this act a misdemeanor and prescribing punishment therefor, and providing for forfeiture of charter or cancellation of permits of corporations for failure to comply therewith, fixing venue, and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That every corporation doing business in this State, by virtue of a permit or charter, granted under the laws of this State, shall permit the Attorney General, or any of his assistants or representatives, when authorized in writing by the Attorney General, to make examination of all the books, accounts, records, minutes, letters, memoranda, documents, checks, vouchers, telegrams, constitution and by-laws and other records of said corporation, as often as he may deem it necessary. The Attorney General, or his assistant or assistants, or representative or representatives shall present a request in writing to the president, vice-president, treasurer, secretary, manager, agent or other officer of said corporation at the time the Attorney General or his assistant . or assistants, or representative or representatives, desire to examine said books, accounts, records, minutes, letters, memoranda, documents, checks, vouchers, telegrams, constitution and by-laws and other records belonging to said corporation, and it shall be the duty of the officer or agent of any corporation to whom said request is presented to immediately permit the Attorney General, or his authorized assistant or assistants, or representative or representatives to inspect and exam

ine all the books, records and other documents of said corporation as hereinabove set forth.

SEC. 2. The Attorney General or any of his assistants or representatives when authorized in writing by the Attorney General, shall have the power and authority to make diligent investigation into the organization, conduct and management of any corporation authorized. to do business within this State, and shall have power to inspect and examine all or any books, accounts, records, minutes, letters, memoranda, documents, checks, vouchers, telegrams, constitution and bylaws and other records of such corporation, and take copies of any or all of such records or documents herein set forth as in his judgment may show or tend to show that said corporation has been or is engaged in acts or conduct in violation of its charter rights and privileges, or in violation of any law of this State; provided, that the Attorney General or his assistant or assistants or representative or representatives shall not make public or use said copies or any information derived in the course of said examination of said records or documents as hereinabove set forth except in the course of some judicial proceedings of which the State is a party or in a suit by the State to cancel the permit or forfeit the charter of such corporation or to collect penalties for a violation of the law of this State, or for the information of any of the officers of this State charged with the enforcement of its laws.

SEC. 3. If any president, vice president, treasurer, secretary, manager, agent or other officer of any corporation doing business under permit or charter from this State shall fail or refuse to permit the Attorney General or any of his assistants or representatives who may be authorized in writing by the Attorney General to make such examination, to examine any or all of the books, accounts, records, minutes, letters, memoranda, documents, checks, vouchers, telegrams, constitution and by-laws and other records of said corporation, or shall fail or refuse to permit said Attorney General or his authorized assistant or assistants or representative or representatives to take copies of same, he shall be guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, and by imprisonment in the county jail for not less than thirty nor more than one hundred days, and each day of such failure or refusal to comply with the provisions of this act shall constitute a separate offense.

SEC. 4. Any foreign corporation doing business in this State under a permit granted under the laws of this State, or any officer or agent thereof, who shall fail or refuse to permit the Attorney General or his authorized representative or representatives, assistant or assistants to examine any or all of its books, accounts, records, minutes, letters, memoranda, documents, checks, vouchers, telegrams, constitution and by-laws and other records of said corporation, whether same be situated within this State or in any other State within the United States, or shall fail or refuse to permit said Attorney General or his authorized assistant or assistants or representative or representatives, to take copies of same, as provided for in Section 2 of this act, shall thereby forfeit its right to do business in this State and its permit shall be canceled.

SEC. 5. Any domestic corporation chartered under the laws of this State, which shall fail or refuse to permit the Attorney General or any of his authorized assistants or representatives to examine any or all of its books, accounts, records, minutes, letters, memoranda, documents, checks, vouchers, telegrams, constitution and by-laws and other records. of said corporation, whether the same be situated within this State or in any other State within the United States, or shall fail or refuse to permit said Attorney General or any of his authorized assistants or representatives to take copies of same as provided for in Section 2 of this act, shall forfeit its charter rights and privileges.

SEC. 6. All suits to forfeit charters of domestic corporations or to cancel the permits of foreign corporations for violating the provisions of this act shall be prosecuted by the Attorney General in the district courts of Travis county, and venue of said suits is hereby given to said courts.

SEC. 7. The provisions of this act shall be cumulative of all other laws now in force in this State and shall not be construed as repealing any other right, power or means afforded by law for securing testimony or inquiring into the charter rights and privileges of corporations.

SEC. 8. The fact that there is now no adequate law authorizing the Attorney General to examine the books, accounts, records, minutes, letters, memoranda, documents, checks, vouchers, telegrams, constitution and by-laws and other records of corporations and to take copies of same when said corporations are engaged in acts or conduct in violation of their charter rights and privileges, and other laws of this State, or to inquire into the charter rights of corporations, creates an emergency, and an imperative public necessity which authorizes the suspension of the constitutional rule requiring bills to be read on three several days, and said rule is suspended and this act shall take effect and be in force 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 107, nays 0; and passed the Senate by a two-thirds vote, yeas 24, nays 1.]

Approved March 15, 1907.

Became a law March 15, 1907.

COURTS-FIXING TIME FOR HOLDING IN TWENTY-
FIFTH JUDICIAL DISTRICT.

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An Act to amend Section 3 of Chapter 58, of the Acts of the Regular Session of the Twenty-ninth Legislature of the State of Texas, reorganizing the Twentythird, Twenty-fourth, Twenty-fifth, Thirty-sixth and Forty-ninth Judicial Districts of the State of Texas, and fixing the time of holding district courts therein, so as to change the time of holding district court in Gonzales county. SECTION 1. Be it enacted by the Legislature of the State of Texas: That Section 3 of Chapter 58 of the Acts of the Regular Session of

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