of authority issued by him, when any conditions prescribed by law for granting it no longer exist. The expense of every such examination shall be paid by the company so examined, but the Commissioner shall not make any charge for his personal services, except for traveling or other actual expenses.

SEC. 22. Actions may be maintained by a home company against any of its policy holders, stockholders or other persons for any cause relating to the business of such company, and actions may also be prosecuted and maintained by any policy holder, or the heirs or legal representatives of such company against the company for losses which accrue on any risk, if payment is withheld for more than three months after the losses become due but no action shall be brought or maintained by any person other than the Insurance Commissioner of this State for the enjoining, restraining or interfering with the prosecution of the business of the company.

SEC. 23. Nothing in this act shall be construed to affect or in any way apply to mutual benefit organizations doing business in this State through lodges, councils or chapters, such as the Order of Chosen Friends, Knights of Honor, Progressive Endowment Guild, Knights of Maccabees, Knights of Pythias and kindred organizations, or to benevolent associations organized and chartered under title 20 of the Revised Statutes, or which are organized under the laws of any other State, which have no capital stock, and whose relief funds are created and sustained by assessments upon the members of said organization in accordance with their several by-laws and regulations: Provided, that the principal officer of every such benevolent association (not conducted by lodges, a quorum of whose members meet in their respective lodge rooms at least once each month) shall be required to make an annual statement under oath to the department of insurance on the first day of January of each year, or within sixty days thereafter, showing:

1. Name of organization and where located.

2. Name and residence of officers.

3. The salary paid each officer.

4. The gross amount of money received during the year, and from what sources.

5. The amount paid to policy holders on assessments to pay losses. 6. The amount paid out for all other purposes, stating in detail what purposes.

7. Surplus in the treasury, if any.

8. The amount of reserve fund, if any, and how invested.

And should any such benevolent organization refuse or neglect to make an annual report as above required, it shall be deemed an insurance company conducted for profit to its officers, and amenable to the laws governing such companies.

SEC. 24. The laws relating to and governing corporations in general shall apply to and govern home companies in so far as the same are pertinent and not in conflict with the provisions of this chapter.

SEC. 25. So much of chapters 1, 2 and 3, of title 53, as relate to home life and accident insurance companies, and so much of laws and parts of laws that are inconsistent with the provisions of this act, are hereby repealed: Provided, that nothing herein shall be construed to repeal article 2932 of title 53 of the Revised Civil Statutes of Texas: Provided, fur

ther, that the net reserve value on the first three years' existence of any policy of insurance issued by a home company, as computed by said section 2932 of title 53, shall not be accounted a liability of the company.

SEC. 26. The great public necessity for this law creates an emergency authorizing the suspension of the constitutional rule requiring bills to be read on three several days in each house, said rule is therefore suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 15th day of April, A. D. 1895, but was not signed by him, nor returned to the house in which it originated with his objections thereto within the time prescribed by the Constitution, and thereupon became a law without his signature.-ALLISON MAYFIELD, Secretary of State.]

UNLISTED PROPERTY-SUPPLEMENTAL ROLL.

CHAP. 74.-[S. H. B. No. 302.] An act to provide for a supplemental assessment roll, and to collect taxes due by persons, or upon property not listed by the tax assessor.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That collectors of taxes of counties, cities and towns, when any tax payer applies to them for the purpose of ascertaining the amount of his taxes, and the collector finds that his name or his property does not appear on the tax roll, shall, and it is hereby made their duty to, assess said tax payer then and there, collect the taxes and enter the same upon a supplemental tax roll to be made by him. He shall make out, on forms to be furnished by the Comptroller, three copies of such supplemental roll, one copy to be delivered to the Comptroller of Public Accounts, one to be delivered to the county clerk, and one to be filed in the collector's office. Said supplemental tax roll shall be made out and delivered to the county commissioners court with all other papers pertaining to the final settlement of said tax collector, and the same shall be examined and approved by the county commissioners court, in like manner as upon the tax roll of the tax assessor. The collectors of taxes are hereby authorized and empowered to administer all oaths necessary to obtain a full and correct assessment of all taxable property assessed by them under this act. The oath shall be the same as is administered by tax assessors under existing law. The collector of taxes shall receive the following compensation for his services on all assessments made by him under this act, to-wit: For assessing the State and county taxes, four cents for each one hundred dollars of property so assessed, and for assessing the poll tax, five cents for each poll, which fee shall be paid in the same way as the tax assessor's fee in article number 4724, Revised Statutes.

SEC. 2. There being no law authorizing assessments in the cases provided for herein, an emergency exists 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 said rule is hereby suspended and it is so enacted.

Approved April 29, 1895.

RAPE-PENALTY.

CHAP. 75.-[S. B. No. 56.] An act to amend article 503 of chapter 3, title 15, of the Penal Code of the State of Texas, relating to the offense of rape, and prescribing a penalty therefor.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That article 503 of chapter 3, title 15, of the Penal Code of the State of Texas, be so amended as hereafter to read as follows:

Article 503. If any person shall assault a woman with the intent to commit the offense of rape, he shall be punished by confinement in the penitentiary for any term of years not less than two.

Approved April 29, 1895.

JUDICIAL DISTRICT-TWENTY-NINTH.

CHAP. 76.-[H. B. No. 677.] An act to amend "An act to designate what counties shall compose the Twenty-ninth Judicial District of the State of Texas, and to fix the times of holding courts therein," approved March 30, 1887, at the regular session of the Twentieth Legislature, amended February 15, 1889,March 5, 1889, amended by the acts of the regular session of the Twenty-third Legislature, approved April 26, 1893, so that the same shall hereafter read as follows.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the Twenty-ninth Judicial District shall be composed of the counties of Palo Pinto, Hood, Somervell, Erath, Hamilton and Coryell, and the terms of the district courts shall be held therein each year as follows:

In the county of Coryell, on the third Monday in January and July, and may continue in session five weeks.

In the county of Palo Pinto, on the first Monday in March and September, and may continue in session three weeks.

In the county of Hood, on the fourth Mondays in March and September, and may continue in session three weeks.

In the county of Somervell, on the sixth Monday after the first Mondays in March and September, and may continue in session two weeks. In the county of Erath, on the eighth Monday after the first Mondays' in March and September, and may continue in session five weeks.

In the county of Hamilton, on the thirteenth Mondays after the first Mondays in March and September, and may continue in session four weeks.

SEC. 2. All writs, process and bonds, civil and criminal, which may be issued or executed up to the time this act takes effect, by or from the district courts of the several counties above named, or under order of said courts, and made returnable to the terms of said courts as they are now fixed by law, shall be returnable to the next ensuing term of said courts in each county as they are prescribed by this act; and all such writs, process and bonds above mentioned are hereby legalized and validated to all intents and purposes as if the same had been made returnable to the term of said courts as the terms thereof are herein prescribed..

SEC. 3. The fact that this session is near its close, and the great number of bills pending before both houses, creates an emergency requiring the suspension of the constitutional rule requiring bills to be read on three several days in each house, and said rule is hereby suspended, and this act shall take effect and be in force from and after its passage.

Approved April 29, 1895.

JUDICIAI

JUDICIAL DISTRICT-TWENTY-THIRD.

CHAP. 77.-[H. B. No. 600.] An act to amend an act approved March 15, 1893, entitled "An act to amend section 23 of chapter 63 of an act passed at the regular session of the Twenty-second Legislature, approved April 13, 1891, entitled an act to amend section 23 of an act entitled an act to redistrict the State into judicial districts and fix the terms of holding court therein, and to provide for the election of judges and district attorneys in said districts at the next general election to be held on the first Tuesday after the first Monday in November, 1884," and to change the time of holding the terms of the district court in Brazoria county, and confirm the issuance, service and return of process from said court to such change, and providing an extension of time of the January term of the district court in Brazoria county.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That section 23 of the above entitled act be so amended as that it will here-after read as follows, to-wit:

Section 23. The Twenty-third Judicial District of Texas shall be composed of the counties of Brazoria, Fort Bend, Jackson, Matagorda, Waller and Wharton, and the terms of the district court to be held therein shall be held as follows, viz.:

In the county of Waller on the second Monday in February and the first Monday in August of each year, and may continue in session three weeks.

In the county of Fort Bend on the third Mondays after the first Mondays in March and September of each year, and may continue in session four weeks.

In the county of Wharton on the seventh Mondays after the first Mondays in March and September of each year, and may continue in session three weeks.

In the county of Jackson on the tenth Mondays after the first Mondays in March and September of each year, and may continue in session two weeks.

In the county of Matagorda on the thirteenth Mondays after the first Mondays in March and September of each year, and may continue in session two weeks.

In the county of Brazoria on the first Mondays in January, and may continue in session five weeks, and on the fifteenth Monday after the first Monday in March, and may continue in session until the last Saturday in July.

SEC. 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

SEC. 3. The fact that the terms of the district court in and for Brazoria county are not of sufficient length as that the business of said court

can be transacted with efficiency and dispatch, and many cases are continued for want of time to try same, and the near approach of the end of the session of the Legislature, and the crowded condition of the calendar, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and the same is so suspended, and this act shall take effect and be in force from and after its passage, and it is so enacted.

Approved April 29, 1895.

FORGERY-PROSECUTION-COLLECTION OF FEES.

CHAP. 78.-—[S. H. B. No. 19.] An act to amend chapter 1, title 14, of the Penal Code, so as to insert article 450a, providing for the prosecution in one bill of indictment of all such offenses as are based upon the same forged instrument of writing, and to prevent the double collection of fees in such cases.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That chapter 1, title 14, of the Penal Code be so amended as to insert article 450a to read as follows, to-wit:

Article 450a. A conviction for any of the offenses mentioned in articles 431, 443 and 445 of this code shall be a bar to any other prosecution under said articles based upon the same transaction or same forged instrument of writing: Provided, that one or more of said several offenses may be charged by separate counts in the same bill of indictment, and prosecuted together to final judgment without election by the State as to which it relies upon for conviction: And provided further, a judgment of conviction shall specify which offense or under which count the defendant is found guilty, and shall assess but one penalty not exceeding the greatest punishment fixed by law to the highest grade of offense of which defendant is convicted; and it is hereby declared unlawful for any county or district attorney or any person acting as such to wilfully or knowing demand or receive fees for more than one prosecution that could have been combined or prosecuted in one bill of indictment, and subject to the penalties prescribed by law for the punishment of extortion of illegal fees.

SEC. 2. Whereas, there is now no specific limitation upon multiplying into several prosecutions such offenses as might be combined into one, thereby permitting great expense to the State in the payment of double fees, therefore an emergency exists for the suspension of the constitutional rule requiring bills to be read on three several days, and that this act shall take effect from and after its passage, and it is so enacted.

Approved April 29, 1895.