페이지 이미지
PDF
ePub

required, within thirty days after this act takes effect, to make a full and complete transcript of all entries upon his civil and criminal docket heretofore made in cases which, by section 2 of this act, are required to be transferred to the district court of said county, together with all the papers to such causes pertaining, and a certified bill of costs in each case, and all such causes shall be immediately docketed by said district clerk; and such civil cases so transferred shall stand on the docket of said court as appearance cases for the next succeeding term, and all criminal cases shall be docketed and disposed of in the same manner as if the same had been originally triable in said district court, and all process now issued and returnable to said county court shall be returnable to said district court.

SEC. 4. That this act shall not be construed to in any manner affect judgments heretofore rendered by said county court of Bandera county pertaining to matters and causes which, by section 2 of this act, are transferred to the district court of said county, but the county clerk of said county shall issue all executions and orders of sale, and proceedings thereunder shall be as valid and binding, to all intents and purposes, as though the change had not been made as by section 2 therein contemplated.

SEC. 5. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

SEC. 6. Owing to the great inconvenience caused the people of Bandera county, and the almost unanimous demand by the citizens of said county that said jurisdiction be diminished, an emergency is created and an imperative public necessity requires the suspension of the constitutional rule requiring bills to be read on three several days in each house; said rule is therefore suspended, and this act shall take effect and be in force from and after its passage, and it is so enacted.

[ocr errors]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 12th 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.]

MAKING PROVISION FOR THE RECORD OF CERTIFIED COPIES OF DEEDS AND OTHER INSTRUMENTS.

CHAP. 99.—[H. B. No. 56.] An act to amend article 4334 of Revised Statutes of Texas.

That

SECTION 1. Be it enacted by the Legislature of the State of Texas: article 4334, title 86, chapter 3, of the Revised Statutes of Texas be so amended as to hereafter read as follows:

Article 4334. Every conveyance, covenant, agreement, deed, deed of trust or mortgage in this chapter mentioned, or certified copies of any such original conveyance, covenant, agreement, deed, deed of trust or mortgage copied from the deed or mortgage records of any county in

this State where the same has been regularly recorded, although the land mentioned may not have been situated in the county where such instrument was recorded, and which shall have been acknowledged, proved or certified according to law, may be recorded in the county where the land lies, and when delivered to the clerk of the proper court to be recorded shall take effect and be valid as to all subsequent purchasers for a valuable consideration without notice, and as to all creditors from the time when such instrument shall have been so acknowledged, proved or certified and delivered to such clerk to be recorded, and from that time only: Provided, however, that all certified copies filed and recorded under the provisions of this act shall take effect and be in force from the time such certified copy was filed for record: And provided further, that nothing in this act shall be construed to make valid any instrument which was at the time of its execution from any cause invalid.

SEC. 2. The fact that there are many deeds conveying land in this State which have been recorded in counties other than the county in which the lands are situated, which record is not now authorized by law, and the record thereof being invalid, and not notice to subsequent purchasers for value, creates an emergency and an imperative public necessity authorizing the suspension of the constitutional rule requiring bills to be read on three several days, and it is so suspended, and demanding 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 23rd 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.]

FISH AND GAME.

CHAP. 100.-[H. B. No. 63.] An act to amend an act passed by the Twentythird Legislature of Texas. approved March 29, 1893, entitled "An act to amend an act passed by the Twentieth Legislature, approved April 2, 1887, entitled an act to amend article 430 of section 1, and to repeal section 2 of an act entitled an act to amend articles 423, 424, 425. 426, 427. 428. 429. 430a, and to create article 4261⁄2, and to repeal article 430, chapter 5, title 13. of the Penal Code of the Revised Statutes for the protection of fish and game," approved March 15, 1881.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That article 430 of section 1 of an act entitled "An act to amend articles 423, 424, 425, 426, 427, 428, 429 and 430a, and to create article 426, and to repeal article 430, of chapter 5, title 13, of the Penal Code of the Revised Statutes, for the protection of fish and game," approved March 15, 1881, be so amended as to read as follows:

Article 430. That the following counties are hereby exempted from the provisions of articles 426, 426, 427, 428 and 429 of this chapter, to-wit: Cherokee, Shelby, Franklin, Rockwall, Hopkins, Williamson, Coryell, Mills, Comanche, Runnels, Cooke, Wise, Madison, Clay, Jack and the

unorganized counties attached to the same for judicial purposes, Stephens, Polk, Throckmorton, Callahan, Taylor, Jones, Kent, Garza, Lynn, Terry, Yoakum, Trinity, Archer, Lamar, Cass, San Jacinto, Camp, Dimmit, Jackson, Kaufman: Provided, the exemption from the operation of this law shall not apply to article 425: And provided, that the counties of Angelina and Sabine are hereby exempted from articles 4261, 427, 428 and 429: And provided, that the counties of Walker, Trinity, Panola, Jack and Young are hereby exempted from articles 425, 426, 4261, 427, 428 and 429 of this act: And provided, that the counties of Fannin, Delta and Hopkins are hereby exempted from the provisions of articles 426 and 426: And provided, that the county of Lee is exempted from the provisions of articles 426 and 429: And provided, that the counties of Bastrop, Brazos, Wilson, Freestone, Lampasas and Brazoria are hereby exempted from the provisions of article 429: And provided, that the counties of Gonzales, Palo Pinto, Eastland and Morris are hereby exempted from the provisions of articles 426, 4261, 427 and 428: And provided, that the counties of Nacogdoches, Hill and Rusk are hereby exempted from the provisions of articles 427, 428 and 429: Provided, further, that the counties of Franklin, Palo Pinto, Cass and Williamson shall be exempted from the provisions of article 423, and the counties of Tyler, Leon and Anderson shall be exempted from the provisions of article 426: Provided, further, that the county of Burnet is hereby exempted from the game and fish laws of this State: Provided, that the counties of Karnes and Atascosa shall be exempted from the provisions of articles 423, 424, 426, 4261 and 429: Provided, that the counties of Camp and Hill shall be exempt from articles 423 and 424: Provided, that the counties of Shelby, Wise and Montague shall be exempt from the provisions of article 424: Provided, that the county of Bell is hereby exempted from the provisions of this article; Provided, that the counties of Wood and Rains are hereby exempted from articles 423, 426, 4261, 427, 428 and 429 of this chapter: Provided, San Augustine county shall be exempt from the provisions of articles 423, 424, 425, 425a, 426, 427, 428, 429, 430a, 430d and 430e.

SEC. 2. The fact that the time wherein the killing of the larger game permitted under this law is now far advanced, an imperative public necessity exists that the constitutional rule requiring bills to be read on three several days in each house of the Legislature be suspended, and that this act take effect and be in force from and after its passage, and is is so enacted.

[NOTE.

The foregoing act was presented to the Governor of Texas for his approval on the 24th 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.]

JOHNSON GRASS OR RUSSIAN THISTLES.

CHAP. 101.-[H. B. No. 173.] An act to make it a penal offense for any person in this State to unlawfully sow, scatter or place on land not his own the seed or roots of Johnson grass, or Russian thistles, or wilfully and knowingly sell or give away hay, straw, oats or grain containing or intermixed with the seeds or roots of Johnson grass.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That if any person in this State shall knowingly, wilfully and with intent to injure, sow, scatter or place on any land not his own the seed or roots of Johnson grass or Russian thistle, or wilfully and knowingly sell or give away any oats, hay, straw, seed or grain containing or intermixed with the seeds or roots of Johnson grass to any one who is ignorant of the fact that such seeds or roots are so contained in or intermixed with such oats, hay, straw, seed or grain, he shall be deemed guilty of a misdemeanor, and on conviction thereof he shall be punished by fine of not less than twentyfive dollars and not more than one thousand dollars.

SEC. 2. In prosecutions under the preceding article it shall not be necessary for the indictment to allege the name of the owner of the land, nor shall it be necessary for the State to prove the name of such owner, but it shall be sufficient to allege and prove that the land was not the property of the person accused.

SEC. 3. The near approach of the close of this session of the Legislature, and the crowded condition of the calendar, and the fact that it is improbable that this bill can be read on three several days, create an emergency and imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and it is so enacted.

[NOTE.-The foregoing act was presented to the Governor of Texas for his approval on the 29th 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.]

PUBLIC ROADS-LIMITING AGE OF PERSONS SUBJECT TO DUTY.

CHAP. 102.-[H. B. No. 662.] An act to limit the age at which persons shall be required to work upon the public roads of this State, or upon the streets and alleys of cities and towns of this State.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That no person in this State under the age of twenty-one years, or over the age of forty-five years, shall be required to work upon the public roads of this State, or upon the streets and alleys of any city or town of this State. SEC. 2. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.

SEC. 3. The near approach of the close of the present 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 hereby suspended.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 27th 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.]

MALICIOUS MISCHIEF.

CHAP. 103.-[S. B. No. 42.] An act to amend article 683b of the Penal Code of the State of Texas, as enacted by the Legislature of said State, by an act entitled "An act to amend article 683, chapter 3, title 17, of the Penal Code of the State of Texas. relating to malicious mischief, and providing a penalty therefor by adding thereto article 683b,” approved March 22, 1889, and amendatory of said recited act, and to define and punish the offense of wilfully or maliciously throwing missiles or firing guns or other fire arms at or into moving trains on railroads or any railway depot, private residence, school house. church house, court house, store house, hotel or other public or private building, sailboat or steamboat in this State.

Article 683b. That any person who shall wilfully or maliciously throw a stone or other missile, or fire any gun or pistol at, against, or into any engine, tender, coach, passenger car, whether moving or not, or any other car of any moving train on any railway, or any railway depot, private residence, school house, church house, court house, store house, hotel or other public or private building, sailboat or steamboat in this State shall be deemed guilty of a misdemeanor, and on conviction therefor shall be fined in any sum of not less than five dollars nor more than one thousand dollars, or be confined in the county jail for any term of not less than ten days nor more than two years; during such term such convict may be put to hard labor.

[NOTE.-The foregoing act was presented to the Governor of Texas for his approval on the 27th 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.]

11-G.L.

« 이전계속 »