« ForrigeFortsett »
to whom the commission is directed shall proceed to take his answers to the interrogatories. The answers shall be reduced to writing, and shall be signed and sworn to by the witness. The officer shall certify that the answers of the witness were signed and sworn to by the witness before him, and shall seal them up in an envelope, together with the commission and interrogatories and cross-interrogatories, if any, and shall write his name across the seal, and indorse on the envelope the names of the parties to the suit and of the witnesses, and shall direct the package to the clerk of the court from which the commission issued, and shall certify on envelope enclosing depositions that he in person deposits the same in the mail for transmission, stating the date, when and the postoffice in which the same are deposited for transmission.
Sec. 2. Art. 2291a. That the testimony of any witness by oral examination and answer may be taken in any civil cause dependent in any of the District and County Courts of this State in any instance where depositions are now authorized by law to be taken.
Art. 2291b. That ten days' notice must be first given in writing by the party, or his attorney, proposing to take such deposition to the opposite party, or his attorney of record, which notice shall state the name of the witness and the time and place of the taking of his deposition, and in all cases in rem the person having the agency or possession of the property at the time of the seizure shall be deemed the a:lverse party until a claim shall have been put in, and any person may be compelled to appear and depose, as provided by this act, in the same manner as witnesses may be compelled to appear and testify in court, provided that when such depositions are to be taken at a point more than one hundred (100) miles distant from the court where the suit is pending, the party to whom such notice is given may by notice to the adverse party or his attorney require the deposition to be taken upon commission and written interrogatories unless the judge or court before whom said suit is pending shall upon proper application after notice, made either in term time or vacation otherwise direct.
Art. 2291c. After the notice of taking depositions by oral examination and answer provided for in the last preceding article shall have been served, the party serving the same shall note on a true copy thereof the date and hour of such service, and upon whom served, the manner of service, and sign the same, and the party desiring such deposition shall file such true copy with the clerk of the court in which such cause is pending, with request for the issuance of a commission to take such deposition, whereupon said clerk shall, after the expiration of ten dars from the date of the service of such notice, as noted on said true copy, issue commission to take such deposition, which commission shall be styled, addressed, dated and tested as provided by articles 2280 and 2281 of this Chapter, and shall authorize and require the officer or officers to whom the same is addressed, or either of them, to examine said witness before him on the date named in the notice and commission to take his answers under oath to such questions as may be propounded to him by the respective parties, or their attorneys, to the suit or proceeding, and to remain in attendance from day to day until such deposition is begun and completed. Said officer shall have the power and authority conferred by article 2282 as amended by this act, and article 2283 of the Revised Statutes of Texas, 1895, to enforce the attendance of the wit
ness, and to compel him to testify. If the party upon whom the notice is served shall desire to do so, he may file with the clerk of the court written interrogatories to the witness, a certified copy of which interrogatories shall be attached to the commission and answers thereto taken at the time of taking the oral testimony.
Art. 2291d. Every person deposing, as provided in this act, -shall be first cautioned and sworn to testify to the truth, the whole truth and nothing but the truth, and shall be carefully examined, his testimony shall be reduced to writing or type writing by the officer taking the deposition, or by some person under his personal supervision, or by the deponent himself in the officer's presence and by no other person, and shall after it has been reduced to writing or type writing be subscribed by the deponent.
Art. 2291e. The officer taking such deposition shall not sustain objections or exceptions to any of the testimony taken, nor exclude same, but any of the parties or attorneys engaged in taking the testimony may have such objections as they may make recorded with the testimony and reserved for the action of the court in which the cause is pendling, and any such court shall not be confined to the objections made at the taking of the testimony.
Art. 2291f. Such depositions shall be certified and returned by the officer taking same, and opened as is provided for depositions in article 2284 of the Revised Civil Statutes of Texas, 1895, as amended by this act, and as is provided for by articles 2286 and 2287 of said Revised Civil Statutes, except that there shall be no requirement that if sent by mail the postmaster or his deputy mailing the same shall make any indorsement thereon, and the same rules shall apply to the use of such deposition as is provided by articles 2288, 2289, 2290 and 2291 of said Revised Civil Statutes.
Art. 2291g. That the act approved April 12, 1905, General Laws of the Twenty-ninth Legislature of the State of Texas, relating to the taking of depositions, and all laws and parts of laws in conflict with this act be and the same are hereby repealed; provided, however, that this act shall be deemed and construed to be cumulative of all laws providing for the taking of depositions by written interrogatories and answers.
Sec. 3. The crowded condition of the calendar, the near approach of final adjournment of the Legislature and the fact that there is now no adequate law on this subject create an emergency and an imperative public necessity, which require the rule requiring bills to be read on three several days be suspended, and that his act take effect from and after its passage, and it is so enacted.
Approved April 12, 1907.
TRACTION ENGINES--REGULATING TRANSPORTATION
S. B. No. 204.]
CHAPTER XCII. An Act to amend Title XIII, Chapter 1, of the Penal Code of the State of Texas
by adding thereto Article 482a, providing the manner in which traction engines and separators shall be transported or carried over any public bridge or culvert upon any public road or highway, or any street or alley in any incorporated town or city, and providing a penalty for the violation thereof, and declaring an emergency. Be it enacted by the Legislature of the State of Texas :
SECTION 1. That Title 13, Chapter 1 of the Penal Code of the State of Texas be amended by adding thereto the following:
Article 482a. It shall be unlawful for any person to transport or carry over any public bridge or culvert upon any public road or highway, or any street or alley in any incorporated town or city, any traction engine with lugs on the wheels thereof, and to carry or transport over any such public bridge or culvert any traction engine or separator without having first provided and placed in position skids upon which the wheels of said traction engine or separator shall be run, which said skids shall be not less than three inches thick, twelve inches in width and sixteen feet in length, and any person violating the provisions of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding five hundred dollars.
SEC. 2. The fact that the law is now inadequate to protect the public bridges and culverts upon public roads and highways and streets and alleys of incorporated towns and cities from injury and destruction by persons transporting and carrying over said public bridges and culverts traction engines and separators, 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 so 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 Senate by the following vote, yeas 21, nays 0; was referred to the House of Representatives, amended and passed by the following vote, yeas 113, nays 0); and that the Senate concurred in the House amendments by the following vote, yeas 25, navs 0.]
Approved April 13, 1907.
AGRICULTURE AND STOCK-RAISING-POSTED LANDS.
S. B. No. 151.]
An Act to amend Section 6 of Chapter 102 of the Acts of the Regular Session of
the Twenty-sixth Legislature, entitled "An Act to promote agriculture and stock raising, and to prohibit the hunting with firearms or dogs upon the enclosed or posted lands of another, in all counties within this State, not sp.-cially named as exempt from the provisions of this act," as amended by the Twenty-sixth Legislature, and as amended by Chapter 7la, General Laws of the Twenty-ninth Legislature, to provide penalties, and with an emergency clause,
Be it enacted by the Legislature of the State of Texas:
SECTION 1. That section 6 of Chapter 102 of the acts of the Regular session of the Twenty-sixth Legislature as amended by the Twentyeighth Legislature, and as amended by Chapter 71a, of the acts of the Regular session of the Twenty-ninth Legislature, be and the same is hereby so amended as to hereafter read as follows:
Section 6. That the following counties be and the same are hereby exempted, and the provisions of this Act shall not have effect or be operative therein, or in any thereof, viz: Atascosa, Caldwell, Coke, Coryell, Hamilton, Hardin, McCulloch, Mills, Newton, Polk, Sabine, San Augustine, San Saba, San Jacinto, Upton, Walker, and Wilson.
SEC. 2. The fact that there is now no law exempting counties not herein specially exempted from the operation of this Act, 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 this act shall take effect and be in force from and after its passage, and it is so enacted.
Approved April 15, 1907.
INSPECTION OF LIVE STOCK-PLACING CERTAIN COUNTIES UNDER SAME AND REMOVING CERTAIN OTIIERS.
An Act to amend an act of the Twenty-sixth Legislature, passed at its regular
session, being Chapter CXIX of its acts, and entitled “An Act to amend Article 5043, Chapter 6, Title CII, Revised Civil Statutes, amended by the Twenty-fifth Legislature, in Chapter 121, of said acts, relating to inspection of live stock so as to place Randall county under the operation of such law and to remove Cochran, Cottle, Bailey, Parmer, Lamb, Crockett, Irion and Schleicher and other counties from the operation of said law," and to provide for the appointment of an inspector of hides and animals for Zapata county, and declaring an emergency. Be it enacted by the Legislature of the State of Texas:
SECTION 1. That article 5043, Chapter 6. Title 102 of the Revised Statutes as amended by the Twenty-fifth Legislature in Chapter 121 of its acts, and by the Twenty-sixth Legislature in Chapter CXIX of the acts passed at its regular session, be further amended so as to hereafter read as follows: Article 5043. The counties of Anderson, Angelina, Aransas, Archer, Armstrong, Atascosa, Austin, Bailey, Bastrop, Baylor, Bee, Bell, Bowie, Bosque, Brazoria, Brazos, Brewster, Briscoe, Brown, Burleson, Burnet, Caldwell, Callahan, Calhoun, Camp, Carson, Cass, Chambers, Cherokee, Childress, Clay, Cochran, Collin, Collinsworth, Colorado, Comal, Comanche, Cooke, Coryell, Cottle, Dallam, Delta, Denton, De Witt, Dickens, Donley, Duval, Eastland, Ellis, El Paso, Erath, Falls, Fannin, Fayette, Floyd, Foard, Fort Bend, Franklin, Freestone, Frio, Galveston, Gillispie, Goliad, Gonzales, Gray, Grayson, Gregg, Grimes, Guadalupe, Hall, Hamilton, Hardeman, Hardin, Harris, Harrison, Hartley, Hays, Hemphill, Henderson, Hidalgo, Hill, Hockley, Hood, Hopkins, Houston, Hunt, Jackson, Jack, Jasper, Jefferson, Jeff Davis, Johnson, Karnes, Kaufman, Kendall, Knox, Kinney, Lamar, Lamb, Lampasses, Lavaca, Leon, Liberty, Limestone, Lipscomb, Live Oak, Llano, Loving, Madison, Marion, Mason, Matagorda, Maverick, McLennan, Milam, Mills, Montague, Montgomery, Morris, Motley, Nacogdoches, Navarro,
Navarro, Newton, Oldham, Orange, Palo Pinto, Panola, Parker, Parmer, Pecos, Polk, Presidio, Raines, Red River, Refugio, Robertson, Rockwall, Rusk, Reeves, Sabine, San Augustine, San Jacinto, San Patricio, Shackelford, Shelby, Smith, Somerville, Stephens, Tarrant, Terrell, Throckmorton, Titus, Trinity, Tyler, Upshaw, Van Zandt, Victoria, Walker, Washington, Wharton, Wheeler, Williamson, Wilson, Wise, Wood, Winkler, Young, Crockett, Irion, and Schleicher, are hereby exempted from the provisions of this chapter and from all laws, regulating the inspection of hides and animals, provided, however, that the hide and animal inspector of Frio county shall be permitted to serve his present term of office and collect fees thereof until January 1, 1908, when this act shall become operative as to said Frio county. The counties of Blanco, Lee, Wichita and Wilbarger, are hereby exempted from all laws regulating the inspection of hides. In those counties bordering on the line of the State (except those bordering on the Red River, and the Rio Grande), where there is a depot or place for the shipment of cattle and also in the county of Zapata no inspector of hides and animals shall be elected, but one for each of said counties not exempt from the operation of the inspection laws, shall be appointed by the Governor, who shall hold office for two years and until his successor shall be appointed and qualified, and shall take the constitutional oath of office and give the bond required of inspectors of hides and animals, and inspector so appointed shall perform the same duties as, and receive the same fees allowed to inspectors of hides and animals; but nothing in this article shall be construed to prevent the election of inspectors in the counties of Cameron, Starr and Webb; provided, that such cattle shall not be subject to inspection on board of any railroad unless the same shall have been placed on board of such train for the purpose of evading the provisions of this Chapter.
SEC. 2. That all laws and parts of laws in conflict herewith be and they are hereby repealed.
Sec. 3. The fact that there is now a great demand for the abolishment of the office of hide and animal inspector in the counties of Irion, Crockett and Schleicher, creates an emergency and an imperative public necessity that the rule requiring bills to be read on three several