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DELTA COUNTY COURT-JURISDICTION RESTORED.

CHAP. 27.-[H. B. No. 165.] An act to restore to and confer upon the county court of Delta county the civil and criminal jurisdiction heretofore belonging to said county under the Constitution and general statutes of the State, and to conform the jurisdiction of the district court of said county to said change. SECTION 1. Be it enacted by the Legislature of the State of Texas: That the county court of Delta county shall hereafter have exclusive original jurisdiction in civil cases where matters in controversy shall exceed in value two hundred dollars, and not exceed five hundred dollars, exclusive of interest, and shall have concurrent jurisdiction with the district court of said county when the matter in controversy shall exceed five hundred dollars and not exceed one thousand dollars, exclusive of interest.

SEC. 2. Said county court shall have appellate jurisdiction in civil cases over which justice courts have original jurisdiction when the judgment of the court appealed from or the amount in controversy shall exceed twenty dollars, exclusive of cost, and said county court shall have power to have [hear] and determine cases brought up from the justice court by certiorari under the provisions of the rules of the Revised Civil Statutes relating thereto.

SEC. 3. The county judge of said county shall have authority either in term time or in vacation to grant writs of mandamus, injunction, sequestration, garnishment, attachment, certiorari, supersedeas, and all other writs necessary to the enforcement of the jurisdiction of the said court, and shall also have power to issue writs of habeas corpus in all cases in which the Constitution has not exclusively conferred the power on the district court or the judge thereof.

SEC. 4. Said county court shall have jurisdiction in the forfeiture and judgment on all bonds and recognizances taken in criminal cases, of which criminal cases said court has jurisdiction.

SEC. 5. Said county court shall have exclusive original jurisdiction of all misdemeanors, except misdemeanors involving official misconduct, and except cases in which the highest penalty of fine that may be imposed under the law may not exceed two hundred dollars, and said court shall also have appellate jurisdiction in criminal cases of which justices of the peace and other inferior tribunals of said county have original jurisdiction.

SEC. 6. The district court of Delta county shall no longer have jurisdiction in cases in which the county court of said county by the provisions of this act has exclusive original or appellate jurisdiction; and it shall be the duty of the clerk of the district court of Delta county within thirty days from the passage of this act to make a full and complete transcript of all orders on his docket in cases now pending before the said district court of which cases by the terms of this act exclusive jurisdiction is given to the county court, and to deliver said transcript, together with the original papers and certified bill of cost, to the clerk of said county court, and said county clerk shall enter said case or cases on his docket for trial by said county court.

SEC. 7. The county court of said county shall hereafter hold its regudar terms of civil or criminal business as provided in the Constitution

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and general laws of the State, and process heretofore issued from the district court of said county in cases to be transferred under this act to the county court shall be returnable to the first term of the county court, and all civil cases transferred shall be entered as appearance cases upon the docket of said county court.

SEC. 8. The county court of said county of Delta shall have as now the general jurisdiction of probate courts for the probate of wills, appointment of guardians of minors, idiots and lunatics, persons non compos mentis and common drunkards, and for issuance of letters testamentary and of administrators, settlement of accounts of administrators and guardians, and the settlement and distribution of decedents' estates, and the apprenticeship of minors and all other necessary powers conferred by law on courts of probate.

SEC. 9. All laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed, and that this act take effect and be in force from and after its passage, and it is so enacted.

SEC. 10. Whereas, the near approach of the district court in and for Delta county 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 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 12th 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.]

PRIVATE CORPORATIONS-CHARTERS RESTORED AND REVIVED.

CHAP. 28.-[S. B. No. 183.] An act to restore and revive the charters of private corporations chartered under the laws of the State of Texas, and all permits issued by the State of Texas to foreign corporations to transact business within this State, which have from failure to pay their annual franchise tax lapsed or been declared forfeited by the Secretary of State.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That any private domestic corporation chartered under the laws of the State of Texas, whose charter has been declared forfeited by the Secretary of State, and each and every foreign corporation that has heretofore received a permit to do business under the laws of this State, whose permit has been canceled for its failure to pay its franchise taxes as provided by law, may have its charter revived and reinstated as it existed prior to such failure to pay taxes and declaration of forfeiture upon the payment within ninety days after this act takes effect to the Secretary of State of all taxes, together with a penalty of five dollars. Upon so doing the charter of such corporation shall be revived and reinstated as it existed prior to the date of such forfeiture or lapse of charter: Provided, that the provisions of this bill shall not apply to any corporation whose charter

has been declared forfeited by a judicial proceeding instituted for that purpose.

SEC. 2. Whereas, there are in this State some private domestic corporations for the developement of the mineral and other resources and valuable products of the State which have by oversight neglected to pay said taxes when they became due; and, whereas, the State is desirous of collecting the revenue due the State from such corporations, and it is to the interest and material development of the State that such corporations continue to do business, and there is no law in effect for their relief, therefore, an emergency exists and imperative public necessity demands. that the constitutional rule requiring a bill to be read on three several days be suspended and that this law take effect and be in force from and after its passage, and it is so enacted.

Approved March 29, 1895.

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JUDICIAL DISTRICT-FORTY-SIXTH.

CHAP. 29.-[H. B. No. 668.] An act to fix the time for holding the courts in the Forty-sixth Judicial District, and to repeal all laws in conflict herewith. SECTION 1. Be it enacted by the Legislature of the State of Texas: That the district court shall be held in the counties composing the Forty-sixth Judicial District each year as follows:

In the county of Wilbarger, on the first Mondays in February and August, and may continue in session six weeks.

In the county of Greer, on the sixth Mondays after the first Mondays in February and August, and may continue in session two weeks.

In the county of Collingsworth, on the eighth Mondays after the first Mondays in February and August, and may continue in session two weeks.

In the county of Hardeman, on tenth Mondays after the first Mondays in February and August, and may continue in session three weeks.

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In the county of Childress, on the thirteenth Mondays after the first Mondays in February and August, and may continue in session two weeks.

In the county of Hall, on the fifteenth Mondays after the first Mondays in February and August, and may continue in session two weeks.

In the county of Foard, on the seventeenth Mondays after the first Mondays in February and August, and may continue in session until the business of said court is disposed of.

SEC. 2. That all process issued or served before this act goes into effect, returnable to the district courts in said judicial district, shall be returnable to said courts as fixed by the terms of this act; and said process is hereby legalized and validated, and all grand and petit jurors selected and drawn under existing laws in any of the counties of said judicial district shall be considered lawfully drawn and selected for the next term of the district court of the respective counties held after this act takes effect, and all appearance bonds and recognizance taken in and

for said courts shall bind the parties therein obligated to appear at the next term of such court held under this act.

SEC. 3. That all laws in conflict with the provisions of this act be and the same are hereby repealed.

SEC. 4. The great amount of business now before the Legislature rendering it improbable that this bill can be read on three several days, and the existing inconvenience in attending the courts in said judicial district as now arranged, creates an imperative public necessity and an emergency requiring the constitutional rule which requires bills to be read on three several days to be suspended, and said rule is hereby suspended, and this act shall take effect from and after its passage.

Approved April 1, 1895. .

LIMITATION.

CHAP. 30.—[H. B. No. 25.] An act to amend article 3201 of the Revised Statutes of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That article 3201 of the Revised Statutes of Texas be so amended as to read as follows:

Article 3201. If a person entitled to commence suit for the recovery of real property, or to make any defense founded on the title thereto, be at the time such title shall first descend or the adverse possession com

mence:

1. Under the age of twenty-one years; or

2. Of unsound mind; or

3. A person imprisoned;

The time during which such disability shall continue shall not be deemed any portion of the time limited for the commencement of such suit, or the making of such defense; and such person shall have the same time after the removal of his disability that is allowed to others by the provisions of this chapter: Provided, that limitation shall not begin to run against married women until they arrive at the age of twenty-one years; and, further, that their disability shall continue one year from and after the passage of this act, and that they shall have thereafter the same time allowed others by the provisions hereof; and, further, that this act shall in no way affect suits that are now or may be pending when the same takes effect, and all such suits shall be tried and disposed of under the law now in force.

Approved April 1, 1895.

LANDS-VALIDATING CERTIFICATES.

CHAP. 31.-S. B. No. 138.] An act to validate certain titles to lands located by virtue of certificates issued to railroad companies and now owned by purchasers in actual good faith for value, their heirs or assigns, and by actual settlers, or belonging to the public free school, university or asylum funds.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the titles to all lands located by virtue of certificates issued to railroad companies in whole or in part for sidings, switches or turnouts, and which lands were transferred by any of said companies or their duly appointed receivers or assigns prior to the first day of January, A. D. 1891, to purchasers in actual good faith for value, and are now owned by such purchasers, their heirs or assigns, be and the same are hereby validated to such purchasers, their heirs or assigns, and also to all actual settlers on such lands so far as the State may have any claim, and that the titles to all public free school, university or asylum lands located by virtue of such certificates are also validated, whether the locations were voidable or not by reason of their having been made by the wrong surveyor: Provided, that this act shall not apply to lands for the recovery of which suit as has already been instituted by the State, nor be construed to validate locations made on lands that were at the time appropriated or reserved from such locations, nor shall it be construed to in any manner apply to or affect the rights of third parties heretofore acquired in good faith: Provided, further, this act shall not apply or be held to validate titles in the following other cases: (1) Where said lands were transferred through foreclosure proceedings against such companies to trustees or mortgagees or other persons or corporations interested in mortgages on said lands, or who held said lands for such interested persons or corporations, and where the apparent title to said lands was still in said companies or their receivers or their transferrees at such foreclosure sale -on January 1, 1891, and have not been subsequently transferred to actual settlers on such land or to bona fide purchasers thereof for value and without notice. (2) Where said lands have been transferred by sajd companies in evasion and fraud of the laws of alienation applicable thereto and the title is now in the name of the original vendees of said companies.

SEC. 2. The great amount of business before this Legislature renderiing it improbable that this bill can be read on three several days, and the ffact that by the decisions of the Supreme Court of Texas a cloud has been cast upon the titles to lands of many citizens, purchasers in actual good faith for value, and which cloud this act is intended to remove, 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 and be in force from and after its passage, and it is so enacted.

Approved April 6, 1895.

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