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CITIES AND TOWNS-INCORPORATION OF.

CHAP. 16.-[S. B. No. 21.] An act to define the territory and provide for establishing the boundaries of cities and towns in this State, and to validate the incorporation of any city or town heretofore incorporated in this State in certain cases.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That no city or town in this State shall be hereafter incorporated under the provisions of the general charter for cities and towns contained in title 17 of the Revised Civil Statutes of this State with a superficial area of more than two square miles when such town or city has less than two thousand inhabitants, nor more than four square miles when such city or town has more than two thousand and less than five thousand inhabitants, nor more than nine square miles when such city or town has more than five, and less than ten thousand inhabitants. It shall be the duty of the mayor and board of aldermen immediately after they qualify as such officers to pass an ordinance causing an actual survey of the boundaries of such town to be made according to the boundaries designated in the petition for incorporation, and the field notes thereof recorded in the minute book of such town or city, and also in the record books of deeds in the county in which such town or city is situated.

SEC. 2. It shall be the duty of the mayor and the board of aldermen of any town or city in this State heretofore incorporated under the above named title 17 of the Revised Civil Statutes of this State, and whose boundaries have been established so as to include more territory than is specified in section 1 of this act, to immediately cause a resurvey of the boundaries of such city or town to be made, so as not to include more territory than is provided for in section 1. Such resurvey to be made and the field notes thereof to be recorded as provided in section 1 of this act.

SEC. 3. All cities and towns in this State whose charter may be void by reason of a failure to properly define their limits, or that may have included in such limits more territory than is provided for in section 1 of this act, that shall, within ninety days from the taking effect of this act, comply with section 2 of this act, be and such charter or incorporation are hereby in all things validated, the same as if such territorial limits had at first been properly established.

SEC. 4. The fact that many towns and cities in this State have illegally included rural lands in their boundaries, which may invalidate their charters, and the further fact that many towns and cities in this State which are desirous of securing the benefits and relief herein afforded, failed through inadvertance and oversight to act under chapter 120, acts of the Twenty-third Legislature of the State of Texas, within the ninety days, as provided therein, creates an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and the necessity for a law properly defining and validating the boundaries of towns and cities in this State creates an emergency that this act take effect 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 28th day of February, 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.]

MERCHANTS-CLASS, TAX.

CHAP. 17.-[H. B. No. 74.] An act to provide a method of ascertaining the class of a merchant so as to determine the amount of his occupation tax, and to provide for the collection of same, and fixing penalties for the violation of the provisions of this act.

SECTION 1. Be it enacted by the Legislature of the State of Texas: Every person, firm, corporation, or association of persons, desiring to sell goods, wares or merchandise within this State, shall, before pursuing such occupation, pay the tax and take out a license to pursue the occupation of a merchant of the class to which he properly belongs, according to his annual purchases, as provided by law; and shall file with the tax collector an affidavit of the amount of his annual purchases for the past year, if previously engaged in such business, or part of a year if engaged in such business less than a year, and also of the estimated amount of his annual purchases for the ensuing year. Said affidavit shall be filed and preserved by the tax collector as a part of the records of his office, and shall be in substance as follows, viz.:

"The undersigned, as the representative of

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Said affidavit shall be signed and sworn to before some officer authorized to administer oaths, and for this purpose the tax collectors of counties, cities, and towns are hereby authorized to administer oaths.

SEC. 2. If any tax collector shall issue any occupation tax receipt without first taking or filing the affidavit provided for in the foregoing section of this act, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than ten nor more than one hundred dollars.

SEC. 3. No occupation tax receipt or license taken out by a merchant of a lower class than the one to which he properly belongs, shall be any protection against a prosecution and conviction for knowingly pursuing that of a higher class and failing to pay the occupation tax due therefor. SEC. 4. Whereas, there is now no law by which the class of a merchant can be properly ascertained so as to determine the amount of his occupation tax, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect from and after its passage, and it is so enacted.

Approved March 13, 1895.

UNIVERSITY LANDS.

CHAP. 18.-[S. B. No. 110.] An act to invest the Board of Regents of the University of Texas with the management and control of the University lands. SECTION 1. Be it enacted by the Legislature of the State of Texas: That the Board of Regents of the University of Texas are hereby invested with the sole and exclusive management and control of the lands which have heretofore been or which may hereafter be set aside and appropriated to or acquired by the University of Texas, with the right to sell, lease and otherwise manage, control and use the same in any manner, and at such prices and under such terms and conditions as may to them seem best for the interest of the University, not in conflict with the Constitution of this State: Provided, that such land shall not be sold at a less price per acre than the same class of land of other funds may be sold at under the statutes.

SEC. 2. The Commissioner of the General Land Office is hereby directed to furnish as soon as practicable to the said Board of Regents complete and accurate maps and all other data necessary to show the location and condition of every tract of said University lands, and shall at all times hereafter furnish to said board such additional information as they may require, and shall at all times render to said board such assistance as may be possible and as they shall request in the discharge of the duties hereby imposed on said board.

SEC. 3. All records and accounts of transactions in University lands, and of moneys paid thereon, shall be kept in the General Land Office and in office of the Treasurer, as heretofore, and all patents shall be signed and issued as heretofore, and all moneys received on the sales or leases of said lands shall be paid to the Treasurer of the State.

SEC. 4. Whereas, it is desirable to place said University lands under the control of the Board of Regents at as early date as possible, in order that the interests of the University be properly looked after, and the greatest possible amount of revenue realized, it is declared that an imperative public necessity exists requiring the suspension of the Constitutional rule which requires bills to be read on three several days, and the same is hereby 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 first day of March, 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.]

PROTECTION OF STOCKRAISERS-DESTRUCTION OF WILD

ANIMALS.

CHAP. 19.-[H. B. No. 111.] An act to repeal chapter 100, General Laws of the regular session of the Twenty-second Legislature of the State of Texas, entitled "An act to protect stock raisers, farmers, and horticulturists; providing for the destruction of wolves and other wild animals; to make an appropriation therefor, and to repeal chapter 119, relating to same subject," approved April 2, 1887, and to revive chapter 119 of the Twentieth Legislature, approved April 2, 1887, entited "An act to protect stockraisers; providing for the destruction of wolves and other wild animals."

SECTION 1. Be it enacted by the Legislature of the State of Texas: That chapter 100, General Laws of the regular session of the Twenty-second Legislature of the State of Texas, entitled "An act to protect stockraisers, farmers, and horticulturists; providing for the destruction of wolves and other wild animals; to make an appropriation therefor, and to repeal chapter 119 relating to the same subject," approved April 2, 1887, be and the same is hereby repealed.

SEC. 2. That hereafter when any person shall kill in this State any wolf, either cayote or lobo, panther, Mexican lion, tiger, leopard or wildcat, he may be paid in the county in which he killed such animals the sum of fifty cents for each cayote wolf or wildcat, and one dollar for each lobo wolf, and the sum of two dollars for each panther, Mexican lion, tiger or leopard so killed.

SEC. 3. The commissioners court of any county may order to be paid to the person or persons having killed any of said animals in their respective counties as fixed in section (2) two of this act, upon their exhibiting the scalps of the animals killed to the county judge of said county, accompanied by the written affidavit of such person, stating when and where he killed said animals and the kind of each.

SEC. 4. Such scalp shall consist of a sufficient portion of the said animal's hide, including the ears thereof, to determine whether the same has Been taken from one of the above named animals; and the commissioners court may in all cases when it is not satisfied as to the sufficiency of the evidence before it under this act reject any and all claims. The commissioners court shall destroy all such scalps as soon as practicable.

SEC. 5. The fact that much litigation has been occasioned by said act, ohapter 100, and that counties are suffering from heavy expense thereunder, creates an emergency and imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect 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 5th day of March, 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 DISTRICT-FIFTEENTH.

CHAP. 20.-[S. B. No. 111.] An act to amend section 1 of an act passed at a regular session of the Twenty-third Legislature of Texas, approved April 19, 1893, amending section 1 of an act passed by the Twenty-third Legislature of Texas, reorganizing the Fifteenth Judicial District, and defining the time for holding the courts in said Fifteenth Judicial District, and add section la.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That section 1 of said act shall read as follows:

Section 1. The Fifteenth Judicial district of the State of Texas shall be composed of the county of Grayson, and the district court shall be held therein as follows: A term beginning on the first Monday in September of each year, and may continue in session until and including the last Saturday in December. A term beginning on the first Monday in January of each year, and may continue until and including the last Saturday in March of each year: Provided, there shall be no grand jury selected and empaneled for said January terms of said court. A term beginning on the first Monday in April of each year, and may continue until the business is disposed of.

SEC. 2. The fact that there are a great number of bills before the Legislature, and the crowded condition of the calendar, constitutes an emergency and a public necessity exists for the suspension of the constitutional 'rule requiring bills [to be] read on three several days, and said rule is hereby suspended.

Approved March 19, 1895.

IRRIGATION.

CHAP. 21.-[S. H. B. No. 120.]-An act to encourage irrigation and to provide for the acquisition of the right to the use of water, and for the construction and maintenance of canals, ditches, flumes, dams, reservoirs and wells for irrigation, and for mining, milling, the construction of waterworks for cities and towns, and stockraising.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the unappropriated waters of the ordinary flow or underflow of every running or flowing river or natural stream, and the storm or rain waters of every river or natural stream, canyon, ravine, depression or watershed within those portions of the State of Texas in which by reason of the insufficient rainfall or by reason of the irregularity of the rainfall, irrigation is beneficial for agricultural purposes, are hereby declared to be the property of the public, and may be acquired by appropriation for the uses and purposes and in the manner as hereinafter provided.

SEC. 2. The storm or rain waters, as described in the preceding section, may be held or stored in dams, lakes or reservoirs built and constructed by a person, corporation or association of persons for irrigation, mining, milling, the construction of waterworks for cities and towns, or stockraising, within those portions of Texas described in the foregoing section; and all such waters may be diverted by the person, corporation

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