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Either party may appeal to the county court as appeals are taken from justices courts, but it shall not be necessary for the State to give an appeal bond. Fifth, the proceeds arising from any such sale shall be paid into the State Treasury and credited to the general fund; provided, that if the owner or party claiming the property or goods so declared forfeited can produce and prove a written guaranty of purity signed by the wholesaler, jobber, manufacturer or other party from whom said articles were purchased, then the proceeds of the sale of such articles over and above the costs of seizure, forfeiture and sale shall be paid over to such owner or claimant to reimburse him to the extent of such surplus for his actual loss resulting from such seizure and forfeiture, as shown by the invoice. Sixth, it shall be the duty of each prosecuting attorney when called upon by said Commissioner or by any person by him authorized, as aforesaid, to render any legal assistance in his power in proceedings under the provisions of this act, or any subsequent act relative to the adulteration of food, for the sale of impure or unwholesome food or food products.

SEC. 60. It shall be unlawful for the Dairy and Food Commissioner or his deputy or assistants while they hold office to furnish to any individual, firm or corporation any certificate as to the purity or excellence of any article manufactured or sold to them to be used as food, or in the preparation of food, drugs or drinks. .

Sec. 61. The Commissioner shall make an annual report to the Governor on or before the 31st day of August in each year, and which shall be printed and published, which report shall cover the entire work of his office for the preceding year, and shall show, among other things, the number of manufactories and other places inspected and by whom, the number of specimens of food articles analyzed, and the number of complaints entered against persons for the violation of the laws relative to the adulteration of food, drugs or drinks, the number of convictions had and the amount of fines imposed therefor, together with such recommendations relative to the statutes in force as his experience may justify.

SEC. 62. Any person who shall wilfully hinder or obstruct the Dairy and Food Commissioner, or his deputy or other person or inspector by him duly authorized in the exercise of the powers conferred upon him by this act, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment in the county jail for not less than ten days nor more than ninety days, or both such fine and imprisonment.

SEC. 63. It shall be the duty of the Dairy and. Food Commissioner of the State to investigate all complaints of violation of this act, and take all steps necessary to its enforcement. It shall be the duty of all prosecuting officers of this State to prosecute to completion all suits brought under the provisions of this act, upon the complaint of the Commissioner or any other citizen. It shall be the duty of all food inspectors to examine all complaints made to them of violations of this act, and to render assistance in enforcing its provisions. It shall be the duty of all city and county health officers to take cognizance of and report or prosecute all violations of this act which may be brought to their notice, or they may have cognizance of within their jurisdiction; provided, this act shall not apply before June 1, 1908, to goods on hand at the time of the passage of this act. Provided, that in the case of drugs the provisions of Section 3 of this act shall not apply to retail druggists as to goods on hand, purchased and received by them on or before June 1, 1907, where such goods were not purchased for the purpose of avoiding the provisions of this act, and where the labels on such goods, bear a statement of the quantity or proportion of alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or ascetanalid, or any derivative or preparation of any such substance contained therein.

SEC. 64. Whereas, there is now no law regulating the sale of adulterated food, drugs and drinks, and defining adulteration and materials from which they are manufactured, on the statute books of Texas, creates a public demand that such a law should be placed upon the statute books, an emergency therefore exists that the rule requiring bills to be read on three several days be suspended, and that this bill be placed upon its final passage, and the rule is hereby suspended, and that this bill take effect and be enforced from and after its passage, and it is so enacted.

Approved March 23, 1907.
Takes effect 90 days after adjournment.

DRAINAGE

DISTRICTS-AUTHORIZING COMMISSIONERS

COURTS TO ESTABLISH.

S. B. No. 55.1

CHAPTER XL.

An Act to authorize the commissioner courts of the several counties of Texas to

create and establish drainage districts, to construct canals, drains and ditches, to make levees, improve streams and water courses and make other improvements for the purpose of drainage; to order and hold elections for the purpose of voting on drainage propositions, and authorizing the issuance of bonds and levy of tax, and to issue bonds in payment for such drainage improvements and tne maintenance thereof, and to levy and to collect taxes for the payment of such bonds, to appoint drainage commissioners and all other necessary officers of such drainage districts for the purpose of carrying into effect the provisions of this act; granting the right of eminent domain to such drainage districts, and authorizing the drainage commissioners to acquire by purchase, gift or grant, for such district. title to any right of way and other property, and generally authorizing the county commissioners court and the drainage commissioners to do all things necessary for the establishing and maintenance of such districts according to the provisions of this act; repealing all laws

and parts of laws in conflict herewith, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:

SECTION 1. The county commissioners courts of the several counties of this State may hereafter establish one or more drainage districts in their respective counties in the manner hereinafter provided, and may or may not include within the boundaries and limits of such districts, villages, towns and municipal corporations, or any portion thereof, but no land shall at the same time be included within the boundaries of more than one drainage district created under this act. Such drainage districts, when so established, may make drainage improvements therein and issue bonds in payment therefor as hereinafter provided.

SEC. 2. Upon the presentation to the county commissioners court of any county in this State of a petition (accompanied by the deposit provided for in Section 29 of this act), signed by twenty-five of the freehold resident citizen taxpayers, or in the event there are less than seventyfive freehold resident citizen taxpayers in the proposed district, then by one-third of such freehold resident citizen taxpayers of any proposed drainage district, whose lands may be affected thereby, praying for the establishing of a drainage district, and setting forth the necessity, public utility and feasibility and proposed boundaries thereof, and designating a name for such drainage district, which name shall include the name of the county, the said commissioners court shall, at the same session when said petition is presented, set same down for hearing at some regular or special session of said court, called for the purpose, not less than thirty nor more than sixty days from the presentation of said petition, and shall order the clerk of said court to give notice of the date and place of said hearing by posting a copy of said petition, and the order of the court thereon, in five public places in said county, one of which shall be at the, courthouse door of said county, and four of which shall be within the limits of said proposed drainage district. The said clerk shall receive as compensation for such service, one dollar for each such notice and five cents per mile for each mile necessarily traveled in posting such notices.

SEC. 3. Upon the day set by said county commissioners court for the hearing of said petition any person whose land would be affected by the creation of said district may appear before said court and contest the creation of such district or contend for the creation of said district, and may offer testimony to show that said district is or is not necessary, and would or would not be of any public utility either sanitary, agricultural or otherwise, and that the creation of such drainage district would or would not be feasible or practicable. Said county commissioners court shall have exclusive jurisdiction to hear and determine all contests and objections to the creation of such district, and all matters pertaining to the same, and said court shall have exclusive jurisdiction in all subsequent proceedings of the district when organized, except as hereinafter provided, and may adjourn hearing on any matter connected therewith from day to day, and all judgments rendered by said court in relation thereto shall be final, except as hereinafter otherwise provided.

SEC. 4. If at the hearing of said petition it shall appear to the court that the drainage of such district is feasible and practicable, and that it is needed, that the drainage would be conducive to the public health or would be a public benefit or a public utility, then the court shall so find and cause its finding to be entered of record. But if the court should find that the drainage of such district is not feasible and practicable, or that the drainage of such district is not needed, and that it would not be conducive to health or a public benefit, or would not be a public utility, then the court shall enter such finding of record and dismiss the petition at the cost of the petitioners.

SEC. 5. After the hearing of the petition as provided for in Sections 3 and 4 of this act, if the court should find in favor of the petitioners, for the establishment of a district according to the boundaries as set out in said petition or as modified by said court, then the court shall appoint a competent civil engineer, who shall receive a sum of not more than ten dollars ($10) per day for his services for the time he is actually engaged in the work for which he is appointed, and said engineer is authorized to employ two assistants who shall each receive the sum of not more than two dollars ($2) per day for the time they are actually engaged in the work.

SEC. 6. Before entering upon his official duties the civil engineer shall enter into a bond in the sum of five hundred ($500) dollars, with two or more sureties, to be approved by the commissioners court and payable to the county judge, for the use and benefit of the drainage district, conditioned on the faithful discharge of his official duties under the provisions of this act.

SEC. 7. The civil engineer shall, as soon as practicable, or within such time as may be directed by the county commissioners court, go upon the premises and land embraced within the district and examine the land supposed to be drained and protected by levees, and shall locate the necessary canals, drains and ditches, laterals and levees, and make an estimate of the probable cost of making and completing each of them, and shall also designate the stream or streams and bayous necessary to be cleaned, deepened or straightened, and estimate the cost of each, and shall also estimate the probable cost of maintaining same per year and shall at once make a detailed report of his work to the court.

SEC. 8. In locating the canals, drains and ditches, the engineer shall, in so far as the same may be practicable, follow the lines of the original surveys or of the sections where the land has been sectionized.

SEC. 9. Such report of the engineer shall be accompanied by a map showing the initial or beginning point, as well as the outlets, of all canals, drains, ditches and laterals, and shall show the length, width, depth and slopes of the banks of the cut or excavation, and the estimated number of cubic yards of earth to be removed from each, and shall show the location and size of all levees and the estimated number of cubic yards of earth necessary to construct the same; a copy of the official Land Office map of the county, with the boundaries of the drainage district and the beginning points and outlets of all canals, drains, ditches and laterals, and other data required by this section shown thereon, shall be deemed a sufficient compliance with this section.

Sec. 10. When such report of the engineer shall have been filed with the clerk of the county commissioners court it shall be the duty of said court at its next regular or special session to set such report down for a hearing at some subsequent regular or special session not less than twenty nor more than thirty days from the date of such sitting, and to instruct the clerk of said court to give notice of said hearing by posting notices in the same manner and for the same compensation as provided for in Section 2 of this act in regard to the original notices of the filing of the petition. At the hearing on said engineer's report any freehold taxpayer of said district whose lands may be affected by said drainage improvements, whether he be a resident of such district or not, may appear and object to any and all of said canals, drains, ditches and levees, for the reason that they are not located at the proper places, or that they are not sufficient in number or capacity to properly drain said territory.

SEC. 11. If there should be no objection to said report, or if there should be objection thereto, and the court should find that the objections are not well taken, the report shall be approved, and the fact of such approval entered of record on the minutes of said court; but the commissioners court shall not be confined to the number of drains, ditches, canals or levees or to the initial point or outlets of same, as located and shown by said report of the engineer, and may change the location of any of the said improvements, or may add to the number of same or reduce the number of same and order the engineer to locate any additional canals, drains, ditches or levees, as directed by the court, and the commissioners court, if it deem it necessary, may refer the entire report back to the engineer for a compliance with the orders of the court and require a further report.

SEC. 12. After the approval of the report of the engineer as provided for in the preceding section of this ‘act, the county commissioners court shall order an election to be held within such proposed drainage district at the earliest possible legal time, at which election there shall be submitted the following propositions, and none other: "For the drainage district and the issuance of bonds and levy of tax in payment therefor.” “Against the drainage district and the issuance of bonds and levy of tax in payment therefor."

SEC. 13. Notice of such election, stating the time and place of holding the same, shall be given by the clerk of the court by posting notices thereof in five public places in such proposed drainage district and one at the courthouse door of the county in which such district is situated. Such notices shall contain the proposition to be voted upon as set forth in Section 12 of this act, and shall also specify the purposes for which said bonds are to be issued.

SEC. 14. The manner of couducting said election shall be governed by the election laws of the State of Texas, except as herein otherwise provided. None but resident property taxpayers who are qualified voters of said proposed district shall be entitled to vote at any election on any question submitted to the voters thereof by the county commissioners court at such election. The county commissioners court shall name a polling place for such election at each voting precinct or part of a percinct embraced in said drainage district, each of which shall be in the proposed drainage district, and shall also select and appoint the judges and other necessary officers of the election, and shall provide one and a half times as many ballots for said election as there are qualified resident taxpaying voters within such drainage district, as shown by the tax rolls of said county. Said ballot shall have printed thereon the words, and no others: "For the drainage district and issuance of bonds and levy of tax in payment therefor.” “Against the drainage district and issuance of bonds and levy of tax in payment therefor.”

SEC. 15. Every person who offers to vote in any election held under the provisions of this act shall first take the following oath before the presiding judge of the polling place wherein he offers to vote, and the presiding judge is hereby authorized to administer same: “I do solemnly swear (or affirm) that I am a qualified voter of

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