cases as in ordinary cases, except that the State shall not be required to give bond to perfect its appeal, and such cases on appeal shall have precedence over all other cases. If any person shall make a lease contract, and after the same is inclosed by fence shall for any cause decide not to continue payment of his lease, either in whole or in part, he shall give public notice by publication in any local paper having the largest circulation, for at least sixty days before the time in which his next annual payment shall become due, that he will not continue his lease after the year for which payment is made, and shall also state the number and block of the land which he will not lease inside his inclosure, if he only intends to surrender a part of his lease, and shall post and shall keep posted for said sixty days notice on all gates of his pasture of such intention; then, and then only, he shall not be subject to the suit nor liable for the damages provided for in this section.

SEC. 2. The inadequate provisions of the present laws in reference to the support of the public free schools and the necessitous condition of the available school fund 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 16, 1895.

JUDICIAL DISTRICT-THIRTY-EIGHTH.

CHAP. 49.-[S. B. No. 266.] An act to amend section 1, chapter 29, of an act passed at the regular session of the Twenty-third Legislature of the State of Texas, approved March 15, 1893, entitled "An act to amend section 38, chapter 141, of an act passed at the regular session of the Twenty-first Legislature of the State of Texas, approved March 30, 1889, entitled an act to amend chapter 61, an act entitled an act to amend section 38 of an act entitled an act to redistrict the State into judicial districts, and fix the times for holding courts therein, and to provide for the election of judges and district attorneys in such districts at the next general election. to be held on the first Tuesday after the first Monday in November, 1884, approved April 9, 1883, granting an extension of time for the holding of the district court of Comal county," extending the time for holding the district court in Kerr county.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That section 1 (one), chapter 29, passed at the regular session of the Twentythird Legislature of the State of Texas, approved March 15, 1893, entitled "An act to amend section 38, chapter 141, of an act passed at the regular session of the Twenty-first Legislature of the State of Texas, approved March 30, 1889, entitled an act to amend chapter 61, an act entitled an act to amend section 38 of an act entitled an act to redistrict the State into judicial districts, and fix the times for holding court therein, and to provide for the election of judges and district attorneys in said district at the next general election, to be held on the first Tuesday after the first Monday in November, 1884, approved April 9, 1883, granting an extension of time for the holding of the district court of Comal county," be amended so as to hereafter read as follows:

Section 38. The Thirty-eighth Judicial District shall be composed of the

counties of Bandera, Comal, Kendall, Kerr, Medina and Uvalde, and the district courts shall be held as follows:

In the county of Bandera on the fifth Monday after the first Mondays in March and September, and may continue in session two weeks.

In the county of Kendall on the seventh Monday after the first Mondays in March and September, and may continue in session two weeks. In the county of Kerr on the ninth Monday after the first Mondays in March and September, and may continue in session three weeks.

In the county of Comal on the twelfth Monday after the first Mondays in March and September, and may continue in session three weeks.

In the county of Medina on the fifteenth Monday after the first Mondays in March and September, and may continue in session four weeks. In the county of Uvalde on the nineteenth Monday after the first Mondays in March and September, and may continue in session until the business is disposed of.

SEC. 2. All laws and parts of laws in conflict with this act are hereby repealed.

SEC. 3. The crowded condition of the dockets of the district court of Kerr county, together with the increase of business of the district court of Kerr county, thereby rendering it impossible to reach a trial in many of the causes pending in said court by reason of the limit of time as it now exists in which to hold the district court for said county, and the fact that the district court for said county will soon convene, creates an emergency and amounts to an imperative public necessity demanding the suspension of the rule requiring bills to be read on three several days in both houses, and such rule is hereby suspended, and it is further enacted that this act shall be in force and shall take effect from and after its passage.

Approved April 16, 1895.

OCCUPATION TAX ON CERTAIN PUBLICATIONS.

CHAP. 50.-[S. H. B. No. 556.] An act to provide for levying a tax on the occupation of selling or offering for sale the "Sunday Sun." the "Kansas City Sunday Sun," or other publications of like character, whether illustrated

or not.

SECTION 1. Be it enacted by the Legislature of the State of Texas: There shall be levied on and collected from every person, firm or association of persons selling or offering for sale the "Sunday Sun," the "Kansas City Sunday Sun," or other publications of like character, whether illustrated or not, the sum of five hundred dollars in each county in which sale may be made or offered to be made.

SEC. 2. The near approach of the close of the present session of the Legislature and the large number of bills now pending on the calendar, and the fact that the occupation herein taxed is not now taxed by law, creates an emergency and a public necessity 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 it is so enacted.

Approved April 16, 1895.

PUBLIC BUILDINGS-PASS KEYS.

CHAP. 51.-[S. B. No. 210.] An act for the better protection of the public buildings of the State of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That it shall not be lawful for any person to make or have made, or to keep in his possession, a pass or master key to the rooms and apartments in the State capitol, unless authorized to do so by the Superintendent of Public Buildings and Grounds, and any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not exceeding one hundred dollars.

SEC. 2. The evil to be reached by the passage of this bill creates an emergency and a public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect from its passage, and it is so enacted.

Approved April 19, 1895.

RAPE-OFFENSE OF.

CHAP. 52.-[S. B. No. 59.] An act to amend article 523, of title 15, chapter 7, of the Penal Code of the State of Texas, relating to the offense of rape.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That article 528 of the Penal Code of the State of Texas be so amended as to hereafter read as follows:

Article 528. Rape is the carnal knowledge of a woman without her consent, obtained by force, threats, or fraud, or the carnal knowledge of a woman other than the wife of the person having such carnal knowledge with or without consent, and with or without the use of force, threats, or fraud, such woman being so mentally diseased at the time as to have no will to oppose the act of carnal knowledge, the person having carnal knowledge of her knowing her to be so mentally diseased; or the carnal knowledge of a female under the age of fifteen years, other than the wife of the person, with or without her consent, and with or without the use of force, threats, or fraud.

Approved April 19, 1895.

COURTS OF CIVIL APPEALS-TRANSFER OF CASES FROM ONE TO

ANOTHER.

CHAP. 53.-[S. B. No. 49.] An act to give jurisdiction to the several Courts of Civil Appeals over cases transferred from one of such courts to another under the direction of the Supreme Court, and providing for the transfer of such

cases.

SECTION 1. Be it enacted by the Legislature of the State of Texas: It shall be the duty of the Supreme Court to equalize as nearly as practicable the amount of business upon the dockets of the different Courts of Civil

Appeals by directing the transfer of cases from such of said courts as may have the greater number of cases upon their dockets to those having a less amount of business upon their dockets; such transfers to be made as soon as practicable after the passage of this act, and thereafter at least once a year, in such manner and under such rules and regulations as the Supreme Court shall provide. And the said Courts of Civil Appeals to which such cases shall be transferred shall have jurisdiction of all such cases transferred without regard to the districts in which such cases were originally tried and returnable on appeal: Provided, that cases transferred from any Court of Civil Appeals shall be taken by consecutive numbers in the order in which they stand upon the docket.

SEC. 2. Whereas, it is of great importance and the public interests demand that the business of said courts shall be equalized as soon as practicable, there is an emergency and imperative public necessity requiring a suspension of the rules requiring bills to be read on three several days, the rule is therefore suspended; and this act shall take effect and be in force from and after its passage, and it is so enacted.

Approved April 19, 1895.

GUARDIANS AD LITEM-APPOINTMENT OF.

CHAP. 54.-[S. B. No. 44.] An act to amend article 1211, title 29, chapter 5, of the Revised Civil Statutes of the State of Texas, relating to the appointment of guardians ad litem.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That article 1211, title 29, chapter 5, of the Revised Civil Statutes of the State of Texas, be amended so as hereafter to read as follows:

Article 1211. In all cases when a minor, lunatic, idiot or a non compos mentis may be a defendant to a suit, and it shall be shown to the court that such minor, lunatic, idiot or non compos mentis has no guardian within the State, it shall be the duty of the court to appoint a guardian ad litem for such minor, lunatic, idiot or non compos mentis for the purpose of defending such suit, and to allow him a reasonable compensation for his services, to be taxed as a part of the costs of suit.

Approved April 19, 1895.

INSURANCE COMPANIES-OCCUPATION TAX.

CHAP. 55.-[H. B. No. 412.] An act to impose an occupation tax upon general and local agents of life, fire, marine and accident insurance companies doing business in this State.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That there is hereby imposed upon and shall be collected from each and every person or firm acting as general agent or agents of life, fire, marine and accident insurance companies who may transact any business as such in

this State, an annual occupation tax of fifty dollars. By "general agent," as used in this act, is meant any person or firm representative of any insurance company in this State, or who exercises a general supervision over the business of such insurance company in this State, or over the local agencies thereof in this State or any subdivision thereof.

SEC. 2. That there is hereby imposed upon and shall be collected from each and every person or firm acting as local agent or agents of life, fire, marine and accident insurance companies who may transact any business as such in this State, an annual occupation tax of seven dollars. By "local agent," as used in this act, is meant any person or firm who may solicit, contract for or receive premiums for insurance in this State for any insurance company or companies, or who may deliver contracts or policies of insurance, including railway agents and employes who may solicit or receive premiums for accident insurance in this State: Provided, that local agents shall pay county occupation taxes in each and every county in which they do business.

SEC. 3. That there is hereby imposed upon and shall be collected from each and every person or firm acting as local agent or agents of industrial life insurance companies who may transact any business as such in this State, an annual occupation tax of two dollars. By "industrial life insurance," as used in this section, is meant insurance adapted to the wants and necessities of the wage earners in that the policies are small and the premiums collected weekly at the homes of the insured. The maximum policy or insurance written on any one person being one thousand dollars.

SEC. 4. Whereas, there is now no occupation tax upon general and local agents for life, fire, marine, industrial and accident insurance companies in this State, therefore an emergency is created and an imperative public necessity exists that the constitutional rule requiring bills to be read on three several days be suspended, and it is so enacted.

Approved April 20, 1895.

STATE AND COUNTY OFFICES-ELIGIBLE FOR.

CHAP. 56.-[H. B. No. 93.] An act to better define who are eligible for the several State and county offices of the State of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That no person shall be eligible to any county or State office in the State of Texas unless he shall have resided in this State for the period of twelve months, and six months in the county in which he offers himself as a candidate next preceding any general or special election, and shall have been an actual bona fide citizen in said county for more than six months. SEC. 2. Be it further enacted, that there shall not be issued by the county judge of any county in this State to any person elected or appointed to any office in this State a certificate of election unless he shall have resided in this State for the period of twelve months, and having been an actual bona fide citizen of said county for more than six months

e-G.L.