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ing point must be at high water mark or where the land survey ceases, and measure out into the bay one hundred yards: Provided, that should a natural oyster bed or reef be on this one hundred yards riparian reservation, the land owner shall have no exclusive right to the same.

SEC. 41. It shall be unlawful for any person to take oysters from a private bed or to take oysters deposited by one making up a cargo for market or family use without the consent or permission of the owner thereof, and any one offending any provisions of this section shall be deemed guilty of theft, and upon conviction shall be punished by fine of not less than fifty dollars nor more than two hundred and fifty dollars, or by confinement in the county jail of not less than twenty days nor more than twelve months, or by both such fine and such imprisonment.

SEC. 42. In gathering oysters for market from the public oyster beds or reefs it shall be unlawful for any person to use a rake or dredge. Any person offending against this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum of not less than five hundred dollars nor more than one thousand dollars.

SEC. 43. Any person who shall wilfully deface, injure, destroy or remove any buoy or any part thereof used to designate the corners or boundary of any private oyster bed, without the consent of the owner thereof, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than fifty dollars nor more than two hundred and fifty dollars.

SEC. 44. No person, firm, or corporation shall ever own, lease, or otherwise control more than six hundred and forty acres of land covered by water, the same being oyster location under this act, and within the navigable waters of this State, and any person, firm or corporation that now holds six hundred and forty acres of oyster location shall not be permitted hereafter to acquire, own, lease or otherwise control more: Provided, that no corporation shall own or lease or control any such lands covered by water unless such corporation shall be duly incorporated under the laws of this State.

SEC. 45. All laws or parts of laws in conflict with this act be and the same are hereby repealed.

SEC. 46. Whereas, the oyster and fish industries on the coast of the State of Texas have no adequate protection, and the near approach of the end of this session creates an emergency and imperative necessity that the constitutional rule requiring bills to be read on three several days be suspended, and this bill be put upon its third reading and final passage, and it is so enacted.

[NOTE.-The foregoing act was presented to the Governor of Texas for his approval on the 26th 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.]

12-G.L.

UNLAWFUL BOARDING OR RIDING ON TRAINS.

CHAP. 113.-[S. B. No. 269.] An act to prevent persons from unlawfully boarding or riding upon any railway train unless he or she be in good faith a passenger thereon.

SECTION 1. Be it enacted by the Legislature of the State of Texas: Any person who shall board any passenger, freight or other railway train, whether moving or standing, for any purpose and without in good faith intending to become a passenger thereon, and with no lawful business thereon, and with intent to obtain a free ride on such train, however short the distance, without the consent of the person or persons in charge thereof, shall be guilty of a misdemeanor, and shall be punished by fine of not less than five dollars nor more than one hundred dollars.

SEC. 2. The near approach of the close of this session, the great press of bills, and the fact that there is no adequate law to protect property of railway companies from trespassers, and that such companies are being continually harrassed by such suits for damages, because of accidents happening to such persons trespassing on their trains, creates an emergency and imperative public necessity that the constitutional rule requir ing 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.]

CITIES AND TOWNS-DISCONTINUING UNINHABITED TERRITORY.

CHAP. 114.-[H. B. No. 635.] An act to enable the mayor and city council of any town or city to discontinue uninhabited territory as a part of any city or

town.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That whenever there exists within the corporate limits of any city or town organized under the general laws within this State, territory to the extent of at least ten acres, contiguous, uninhabited, and adjoining the lines of any such city or town, the mayor and city or town council may by ordinance duly passed discontinue said territory as a part of said city or town; and when said ordinance has been duly passed, the mayor shall enter an order to that effect on the minutes or records of the city or town council, and from and after the entry of such order said territory shall cease to be a part of said city or town.

SEC. 2. Whereas, there is now no law authorizing towns and city corporations organized under the general law to discontinue as a part of such corporation uninhabited territory, the near approach to the end of this session, and the great number of bills now undisposed of, creates an

emergency and imperative public necessity to suspend the constitutional rule requiring bills to be read on three several days, said rule is so 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.]

'COUNTY CONVICTS-COUNTY'S LIABILITY FOR COSTS, ETC.

CHAP. 115.—[H. B. No. 593.] An act to amend article 3600 of the Revised Civil Statutes of the State of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That article 3600 of the Revised Civil Statutes of the State of Texas be amended so as to hereafter read as follows:

Article 3600. Whenever a convict who has been committed to jail in default of payment of fine and costs adjudged against him, has satisfied such fine and costs in full by labor in the work house, on the county farm, on the public roads of the county or upon any public works of the county, said county in which said conviction was had shall be liable to each officer and witness having costs in the case against said convict for only one-half of such costs, and the county judge of said county shall issue his warrant upon the county treasurer in favor of each officer and witness for one-half of all such legal costs as may have been taxed up against said convict, not to include commissions, and the same shall be paid out of the road and bridge fund of the county or out of any other county funds not otherwise appropriated.

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

SEC. 3. The near approach of the close of the present session of the Legislature and the great importance of this bill to the counties of the State, creates an emergency that the rule requiring bills to be read on three several days be suspended, and this bill be placed on its third reading and final passage.

[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.]

TAX COLLECTORS-DIVISION OF FEES.

CHAP. 116.--[S. B. No. 209.] An act to amend article 4767, section 1. of the Revised Civil Statutes of the State of Texas, with reference to the compensation of tax collectors, so as to regulate the division of commissions between incoming and outgoing collectors, so as to prevent double payment, and to fix the amount of such commissions.

SECTION 1. Be it enacted by the Legislature of State of Texas: That section 1, article 4767, of the Revised Civil Statutes of the State of Texas, be so amended as to hereafter read as follows:

Article 4767. Section 1. There shall be paid for the collection of taxes as compensation for the services of the collector, beginning with the first day of September of each year, 5 per cent on the first $10,000 of taxes collected, and 4 per cent on the next $10,000 collected for the State, and 14 per cent on all collections over that sum; for collecting the county taxes, 5 per cent on the first $5000 of such taxes collected, and 4 per cent on the next $5000 collected, and 2 per cent on all such taxes collected over that sum; and in counties owing subsidies to railroads, the collector shall receive only 1 per cent for collecting such railroad tax, and in case where property is levied on and sold for taxes he shall receive the same compensation as allowed by law to sheriffs or constables upon making a levy and sale in similar cases, but in no case to include commissions on such sales.

SEC. 2. Whereas, there is no law providing for the division of commissions between incoming and outgoing collectors, and the crowded condition of the calendar creates an emergency that the constitutional rule requiring bills to be read on three several days be suspended and it is enacted that said rule 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.]

JUDICIAL DISTRICTS-THIRTY-SEVENTH AND FORTY-FIFTH.

CHAP. 117.—[H. B. No. 699.] An act to amend an act entitled "An act to be entitled an act to amend section 37 of an act entitled an act to redistrict the State into judicial districts and fix the time for holding courts 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, approved April 9, 1883; to create the Forty-fifth Judicial District of the State of Texas, fix the time for holding court therein, and fixing the time for holding court in the Thirty-seventh Judicial District, and to provide for the appointment of a district judge for said Forty-fifth Judicial District, and to provide for the venue of causes in said courts, and to regulate the transfer thereof from one of said courts to the other." passed by the Twentyfirst Legislature, and being chapter 140 of the acts of said Legislature; to prescribe the time for holding the district courts of Bexar county, of the Thirty-seventh Judicial District, and of the Forty-fifth Judicial District, to define the jurisdiction thereof, and to repeal all laws and parts of laws in conflict herewith.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That section 37 of the above recited act as amended by the Twenty-first Legislature, being chapter 140 of the acts of said Legislature, be so amended as to hereafter read as follows:

Section 37. (1) That the county of Bexar shall constitute the Thirtyseventh Judicial District and the Forty-fifth Judicial District, and the jurisdiction of the district courts in and for said Thirty-seventh and said Forty-fifth Judicial Districts shall be concurrent, and shall extend with the limits of said Bexar county.

(2) The district court of the Thirty-seventh Judicial District shall hold five terms; one beginning on the first Monday in October, and may continue in session four weeks. One term beginning on the first Monday in November, and may continue in session eight weeks. One term beginning on the first Monday in January, and may continue in session eight weeks. One term beginning on the first Monday in March, and may continue in session eight weeks. One term beginning on the first Monday in May, and may continue in session eight weeks. The district court of the Forty-fifth Judicial District shall hold five terms; one beginning on the first Monday in October, and may continue in session eight weeks. One beginning on the first Monday in December, and may continue in session eight weeks. One term beginning on the first Monday in February, and may continue in session eight weeks. One term beginning on the first Monday in April, and may continue in session eight weeks. One term beginning on the first Monday in June, and may continue in session four weeks.

(3) That all writs and process heretofore issued or that may hereafter be issued up to the time this act shall take effect by and from said district courts, and made returnable to the terms of said courts as now fixed by law, shall be returnable to the next ensuing terms of said courts as fixed by this act, and all such writs and process shall be valid and legal. (4) That the judge of the district court of the Thirty-seventh Judicial District, as heretofore existing, shall be and remain the judge of the district court of the Thirty-seventh Judicial District as provided for in this act until the expiration of his term of office, and until his successor shall have been elected and qualified. And the judge of the district court of

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