such permit "Surrendered" dating and signing same officially, and shall endorse upon the record of such permit in his office the word "Surrendered" and the date thereof, and thereafter such corporation may by complying with the provisions of this Act secure a new permit to do business in this State without having made any further payment of franchise tax under such old permit.

SEC. 12. In any and all cases in which the Charter or right to do business of any private domestic corporation heretofore or hereafter chartered under the laws of this State or the permit of any foreign corporation or its right to do business within this State shall have been or shall hereafter be forfeited it shall be unlawful for any person or persons who were or shall be stockholders, or officers of such corporation at the time of such forfeiture to do business within this State in or under the corporate name of such corporation or to use signs or advertisements of such corporation or similar to the signs or advertisements which were used by such corporation before such forfeiture, and each and every person who may violate any of the provisions of this Section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than one hundred dollars and not more than one thousand dollars; provided, the inhibition and penalties prescribed by this Section shall not apply where the right of such corporation to do business within this State has been revived in the manner provided by law and is at the time in good standing.

SEC. 13. The franchise tax imposed by this Act shall not apply to any insurance company, surety, guaranty or fidelity company or any transportation company or any sleeping, palace car and dining car company which now is required to pay an annual tax measured by their gross receipts, or to corporations having no capital stock and organized for the exclusive purpose of promoting the public interest of any City or town or to corporations organized for the purpose of religious worship; or for providing places of burial not for private profit; or corporations organized for the purpose of holding agricultural fairs and encouraging agricultural pursuits, or for strictly educational purposes, or for purely public charity.

SEC. 14. The Attorney General shall be authorized and it shall be his duty to bring suit therefor against any and all such corporations which may be or become subject to or liable for any and all franchise tax or taxes or penalties under this or any former law, and in case there may now be or shall hereafter exist valid grounds for the forfeiture of the charter of any domestic private corporation or failure to pay any franchise tax or franchise taxes or penalty or penalties to which it may have become or shall hereafter be or become subject or liable under this or former law it shall be his duty to bring suit for a forfeiture of such charter and for the purpose of enforcing the provisions of this Act by Civil suits, venue is hereby conferred upon the Courts of Travis County concurrently with the Courts of the County in which the principal office of such corporation may be located as shown by its articles or amended articles of incorporation. Such courts shall also have authority to restrain and enjoin a violation of any and all of the provisions of this Act. In any and all cases in which any

Court having jurisdiction thereof shall make and enter judgment forfeiting the charter of any such corporation the Court may appoint a receiver thereof and may administer such receivership under the laws regulating receiverships.

SEC. 15. Upon the rendition by the District Court of any judgment or forfeiture under the provisions of this Act the Clerk of that Court shall forthwith mail to the Secretary of State a certified copy of such judgment, and upon receipt thereof he shall endorse upon the record of such charter in his office the words "Judgment of forfeiture" and the date of such judgment. In event of an appeal from such judgment by writ of error or otherwise the Clerk of the Court from which such appeal is taken shall forthwith certify to the Secretary of State the fact that such appeal has been perfected and he shall endorse upon the record of such charter in his office the word "Appealed" and the date upon which such appeal was perfected. When final disposition of such appeal shall be made the Clerk of the Court making such disposition thereof shall forthwith certify such disposition and the date thereof to the Secretary of State, who shall briefly note same upon the record of such charter in his office and the date of such final disposition.

SEC. 15a. In case a corporation is actually in process of liquidation such corporation shall only be required to pay a franchise tax calculated upon the difference between the amount of stock actually issued and the amount of liquidating dividends actually paid upon such stock: provided, that the president and secretary of such corporation shall make affidavit as to the total amount of capital stock issued and as to the amount of liquidating dividends actually paid and that such corporation is in an actual bone-fide state of liquidation.

SEC. 16. Articles 52431, and 5243j, Chapter 9, Title 104, of the Revised Civil Statutes of Texas, as amended by Chapter 19 of the General Laws of the Twenty-ninth Legislature of Texas, and Chapter 72, of the General Laws of the Twenty-ninth Legislature and any and all laws in conflict with any of the provisions of this Act shall be, and the same are hereby repealed.

SEC. 17. The near approach of the time the first day of May, on or before which, under existing law payment of franchise taxes must be made, and the increasing expenses of the State Government, together with the depleted condition of the General Revenue Fund of the State Treasury, create an imperative public necessity for the suspension of the Constitutional rule providing that bills shall be read on three several days, and an emergency requiring that this Act shall take effect and be in force from and after its passage, and it is so enacted.

Approved May 16, 1907.

Takes effect ninety days after adjournment.

STENOGRAPHERS-PROVIDING FOR THEIR APPOINTMENT.

S. B. No. 18.]

CHAPTER XXIV.

An Act providing for the appointment of official stenographers for district courts by the judges thereof to report cases; and providing for the method of making up and filing the statement of facts of all evidence introduced in the trial of causes; providing for the time within which such statement of facts must be filed; and providing for the compensation of such stenographers; providing for the appointment of special stenographers in county courts, for their compensation, and for making and filing of statements of fact in civil causes tried in the county courts; repealing Chapter 60, page 84, Acts of the Twenty-eighth Regular Session of the Legislature; also Chapter 112, page 219, Acts of the Regular Session of the Twenty-ninth Legislature of the State of Texas, and all other laws or parts of laws in conflict with this act, and declaring an emer

gency.

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

SECTION 1. For the purpose of preserving the record in all cases for the information of the court, jury and parties, the judges of the district courts of all the judicial districts of this State, composed of only one county or of only a portion of a county, and all other district courts. sitting in the same county or in districts composed of more than one county, may, when in his judgment it becomes necessary, appoint an official stenographer for such court, who shall be well skilled in stenography, and who shall be a sworn officer of the court, and who shall execute a bond, payable and conditioned as is herein provided, and shall hold his office during the pleasure of the court.

SEC. 2. Before any person can be appointed an official stenographer under the provisions of this act of any district court in this State, he shall be examined as to his competency by a committee to be composed of at least three members of the bar practicing in said court, such committee to be appointed by the judge thereof; the test of the competency of any applicant for the office of official stenographer shall be as follows: The applicant shall write in the presence of such committee at the rate of at least one hundred and twenty words per minute for five consecutive minutes from questions and answers not previously written by him, and transcribe the same with accuracy. If the applicant pass this test satisfactorily, a majority of the commitee shall furnish him with a certificate of the fact, which shall be filed among the records of the court.

Upon the occasion of subsequent appointments, the presentation of a certified transcript from the clerk of the court of the certificate above mentioned, shall be taken as prima facie evidence of the stenographer's competency.

SEC. 3. Before any person shall assume the duties of court stenographer under the provisions of this act, he shall subscribe to an oath to be administered to him by the clerk of any district court to the effect that he will well and truly and in an impartial manner keep a correct record of all the evidence offered in any case which may be reported by him, together with the objections and exceptions thereto, which may be interposed by the parties to such suit and the rulings and remarks of the court in passing on the admissibility of such testimony, and shall execute a good and sufficient bond in the sum of one thousand dollars payable to the Governor of the State of Texas, with at least two good and sufficient

sureties, resident citizens of the State of Texas, to be approved by the district judge conditioned that he will well and truly perform the duties of his office as prescribed in this act, and shall pay over to the treasurer of the county in which service is performed all moneys coming into his hands in excess of the maximum amount allowed him under this act; provided that in any county within this State wherein no regular stenographer is appointed under the provisions of this act, and the court shall appoint a special stenographer for any particular cause, such special stenographer so appointed shall not be required to give the bond herein. provided for.

SEC. 4. It shall be the duty of the official stenographer to attend all sessions of the court; to take full stenographic notes of all oral evidence offered in every case tried in said court, together with all objections to the admissibility of testimony, the rulings of the court thereon and all exceptions taken to such rulings; to preserve all notes taken in said court for the future use or reference for at least one year after having been transcribed, and to furnish either party to the suit a transcript in the form of a statement of facts of all of said evidence or other proceedings upon the payment to him of a compensation hereinafter provided.

SEC. 5. In case an appeal is taken from a judgment rendered in any civil cause, the stenographer shall, when requested by the party appealing or his attorney of record, make up a duplicate statement of facts, which shall consist of the evidence introduced on the trial, both oral and by deposition, stated in narrative form, together with copies, to be made in accordance with the rules of court, of such documents, sketches, maps and other matters as were used in evidence. It shall not be necessary to copy such statement of facts in the transcript, but the same shall, when agreed to by the parties in writing and approved by the judge, or in the event of their failure to agree when prepared and approved by the judge trying the cause, be filed with the clerk of the court, and the original thereof shall be sent up as a part of the record of the cause.

If the parties can not agree upon a statement of facts in any case, each party or his attorney shall make out a condensed statement of facts and submit such statement to the court and the court shall make out a statement of facts. The judge of the court may call the stenographer and require him to read from his stenographic notes for his information and may direct such stenographer to make up such statement of facts for him which, when so made, and approved by the court, shall be filed in the cause, and shall constitute the statement of facts in such cause.

SEC. 6. In the trial of all criminal cases in the district court in which the defendant is charged with felony the stenographer shall keep an accurate stenographic record of all the proceedings of such trial in like manner as is provided for in civil cases, and should an appeal be prosecuted from any judgment of conviction, whenever the State and defendant can not agree as to the testimony of any witness, then and in such event so much of the transcript of the stenographer's report with reference to such disputed fact or facts shall be inserted in the statement of facts as is necessary to show what the witness testified to in regard to the same, and shall constitute a part of the statement of facts, and the same rule shall apply in the preparation of bills of exceptions; provided that such stenographer's report, when carried into the statement of facts or

bills of exceptions, shall be condensed so as not to contain the questions and answers, except where, in the opinion of the judge, such questions and answers may be necessary in order to elucidate the fact or question involved. Provided, that he amount of $5 a day allowed by this act shall be in full of all compensation to said stenographer for any and all criminal cases.

SEC. 7. At the request of either party it shall be the duty of said stenographer to make a transcript in typewriting of all the evidence and other proceedings had on any trial, which transcript shall be paid for by him and be the property of the party ordering the same.

SEC. 8. The official stenographer shall receive as per diem compensation the sum of $5 for each and every day he shall be in attendance upon the court for which he is appointed, to be paid monthly out of the general fund of the county in which said court sits, upon the certificate of the judge thereof, by the commissioners court of said county. He shall also receive from the money paid to the clerk of the court by the person or persons ordering such transcript or statement of facts, the sum of ten cents per folio of one hundred words for each original copy and five cents per folio of one hundred words for each carbon copy thereof; provided that total compensation to such stenographer shall not exceed twenty-five hundred dollars per annum.

SEC. 9. The fees allowed the official stenographer shall be paid to the clerk of the court by the parties ordering the statement of facts and by said clerk paid to the stenographer upon filing the same as herein required, and the cost of such statement of facts shall be taxed as any other costs of the case.

SEC. 10. Hereafter the clerks of all the courts having appointed official stenographers as provided for in this act, shall tax as costs in each civil case now or hereafter pending in such courts except suits for the collection of delinquent taxes, and except suits which are not contested, in which cases the imposition of the stenographer's fee herein provided for shall be within the discretion of the trial court a stenographer's fee of three dollars, which shall be paid as other costs in the case, and which shall be paid by said clerk, when collected, into the general fund of the county in which said court sits, except cases in which the district court has not original jurisdiction.

SEC. 11. The official stenographer may, with the consent of the court, appoint one or more deputies when necessary to assist him in the discharge of his duties.

SEC. 12. It shall be the duty of each official stenographer to file with. the district clerk of the county for which said stenographer is appointed, annually upon the first day of January after his appointment, an itemized statement verified by his affidavit, of all sums collected by him as per diem or other compensation during the preceding year, giving the names of the person paying each sum and the date and the payment of

same.

SEC. 13. It shall be the duty of the county treasurer of all counties in which the district court having official stenographers shall sit to file with the clerk of such court annually on the first day of January an itemized statement of all sums received by him from the clerk during the preceding year as stenographer's fees by such clerk.