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roads in their districts, and they shall determine what character of work shall be done upon said roads, and shall direct the manner of grading, draining, or otherwise improving the same, which direction shall be observed and obeyed by all overseers in their districts.
SEC. 6. The commissioners' court may require each road overseer in his district to call out the hands in such numbers as may be sufficient to perform the work, but no road hand shall be required to work exceeding five days in any one year, or two days with himself and team, unless the term of service as prescribed by the general law shall be extended beyond that time; provided, that all road hands in any particular district shall, as far as practicable, be worked a uniform time.
Each road overseer, or in case of his absence any person deputized by him, shall have full control of all road hands within his road district, and shall see that each hand when called out shall perform a good day's work of not less than eight hours, and if any hand when so called out shall fail or refuse to do a good day's work of not less than eight hours, or to work in the manner the overseer may direct, he shall be liable to the same penalty as if he had failed to appear in obedience to the summons.
The commissioners' court may allow any overseer, who shall be engaged in the discharge of the duties of his office for more than five days during any one year, a compensation not to exceed one dollar and fifty cents per day for the time so served.
SEC. 7. Every person liable to work on the public roads in Wood county who shall pay to his road overseer at any time before the day appointed to work on his road, the sum of one dollar for each day that he is summoned to work, shall be exempt from work for each day paid for.
SEC. 8. Each person summoned to work on the road shall take with him an axe, hoe, pick, shovel, spade, plow, scraper or such other tool as may be desired and directed by the overseer, or if he has no such tools as are desired or directed by the overseer, to take with him, he shall take such other suitable tool as he may have; provided, the county shall be liable for and the commissioners' court, under such regulations as they may prescribe, shall pay for all such breakage or damage to tools as may have resulted from public road work and not caused by the negligence of the person furnishing the same. Such overseer may also summon and require such road hand to bring with him for road work such team or teams as he may have on hand suitable for road work; provided, such hand shall be allowed two and one-half days' time put in by hand and his team, and one and one-half days' time for such team without such hand.
SEC. 9. If any person liable to work the public road, after being legally summoned, shall intentionally fail or refuse to attend, either in person or by an able and competent substitute, or fail or refuse to furnish his team or tools at the time and place designated by the person summoning him, or to pay to the overseer such sum as one dollar per day for each day summoned to work, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not to exceed ten dollars.
SEC. 10. At the first regular term of the commissioners' court of each year all road overseers shall make their report under oath, upon the forms to be furnished them by said court, which said report shall be examined by said court, and all accounts for services or labor performed for overwork by such overseer during the past year, and of moneys had and expended by him shall be audited and settled; and as soon thereafter as
practicable said commissioners' court shall appoint and commission road overseers for the succeeding year. Any overseer intentionally failing to perform his duties as such overseer, or failing or refusing to serve and perform the duties of overseer when appointed by said court, or to perform any other duty required of him by law or by the commissioners' court, or by the commissioner of his district, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding twenty-five dollars.
SEC. 11. Whenever it shall be necessary to occupy any land for the opening, widening, straightening, changing or draining any road or any part thereof, if the owner of said land cannot agree with the court as to the damages to be paid, the court may proceed to condemn the same in the same manner that a railroad company can condemn land for a right of way, and the same proceedings may be had, and the same rights shall exist to each party that would exist as if the proceedings were by a railroad company, except that the county shall in no case be required to give bond.
SEC. 12. Each county commissioner, when acting as road commissioner, shall be entitled to two dollars per day of eight hours actual service performed; provided, that he shall not receive more than fifty dollars per quarter; said per diem to be paid out of the road and bridge fund, when the account shall have been approved by the commissioners' court, and the court shall not approve said account unless the commissioner presenting it shall make oath that the account is just, due and unpaid, and said account shall specify the number of days work actually performed by him, and the number of hours each day, and that the same was necessary to be done under the circumstances, and no commissioner shall be entitled to pay as road commissioner while performing the duties of county commissioner, nor shall he receive any additional pay than that provided by this section for inspecting or riding over his roads.
SEC. 13. In all cases where the cost of material and labor exceed one hundred dollars, it shall be the duty of said court to construct, grade or otherwise improve any road or bridge by contract, the same to be advertised for as provided by said commissioners' court.
SEC. 14. This act shall be taken notice of by all courts in the same manner as the General Law of the State, and it shall be construed to be cumulative of all General Laws of the State on the subject of roads and bridges when not in conflict therewith, but in case of conflict this act shall control as to Wood county.
SEC. 15. The fact that there is now no sufficient general road law in force in this State creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several davs be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.
[NOTE.—The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 86, nays 0; and passed the Senate by a two-thirds vote, yeas 26, nays 1.]
[NOTE.— The foregoing act was presented to the Governor of Texas for his approval on the nineteenth day of April, A. D. 1899, 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.-D. H. HARDY, Secretary of State.]
Takes effect May 2, 1899.
THIRTY-SIXTH JUDICIAL DISTRICT-TIME OF HOLDING
S. S. B. No. 133.] CHAPTER LXXXIV.
parts of laws in conflict herewith.
SECTION 1. That the terms of the district court of the Thirty-sixth Judicial District, comprising the counties of Aransas, San Patricio, Live Oak, McMullen, Atascosa, Frio, LaSalle, Zavala and Dimmit, shall, after the first day of August, A. D. 1899, be held as follows:
In the county of Zavala, on the third Monday in August and first Monday in February, and may continue in session two weeks.
In the county of Dimmit, on the second Monday after the third Monday in August and second Monday after the first Monday in February, and may continue in session one week.
In the county of La Salle, on the third Monday after the third Monday in August and third Monday after the first Monday in February, and may continue in session two weeks.
In the county of McMullen, on the fifth Monday after the third Monday in August and the fifth Monday after the first Monday in February, and may continue in session one week.
In the county of Atascosa, on the sixth Monday after the third Monday in August and sixth Monday after the first Monday in February, and may continue in session three weeks.
In the county of Live Oak, on the ninth Monday after the third Monday in August and ninth Monday after the first Monday in February, and may continue in session two weeks.
In the county of Aransas on the eleventh Monday after the third Monday in August and eleventh Monday after the first Monday in February, and may continue in session two weeks.
In the county of San Patricio, on the thirteenth Monday after the third Monday in August and the thirteenth Monday after the first Monday in February, and may continue in session two weeks.
In the county of Frio on the fifteenth Monday after the third Monday in August and the fifteenth Monday after the first Monday in February, and may continue in session until the business is disposed of.
Sec. 2. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.
Approved April 19, 1899. .
FORTY-FIRST JUDICIAL DISTRICT-REORGANIZATION AND
TIME OF HOLDING COURT.
S. B. No. 248.]
CHAPTER LXXXV. An Act to reorganize the Forty-first Judicial District of Texas; to prescribe the
time of holding the district court therein; to make the terms of the Thirtyfourth Judicial District, in El Paso county, to conform thereto; to provide for a district attorney for the Forty-first Judicial District in said El Paso county, and to provide for a clerk of the district court of the Forty-first Judicial Dis. trict in said El Paso county, and empowering the district court of the Thirtyfourth Judicial District to empanel the grand jury for said county, and giving authority to the judges of either of said two courts in said El Paso county to transfer causes from their respective courts to the other of said courts; and to
repeal all laws and parts of laws in conflict herewith. Be it enacted by the Legislature of the State of Texas:
SECTION 1. The Forty-first Judicial District of the State of Texas shall be composed of the counties of Jeff Davis, Brewster, Pecos, Val Verde, Kinney, Maverick, Edwards and El Paso, and the terms of the district courts shall be held in said counties as follows:
Beginning in the county of Jeff Davis on the first Mondays of March and September, and continuing in session one week.
In the county of Brewster, on the first Mondays after the first Mondays in March and September, and continue in session two weeks.
In the county of Pecos, on the third Mondays after the first Mondays in March and September, and continue in session two weeks.
In the county of Val Verde, on the fifth Mondays after the first Mondays in March and September, and continue in session two weeks.
In the county of Kinney on the seventh Mondays after the first Mondays in March and September, and continue in session two weeks.
In the county of Edwards, on the ninth Mondays after the first Mondays in March and September, and continue in session two weeks.
In the county of Maverick, on the eleventh Mondays after the first Mondays in March and September, and continue in session two weeks.
In the county of El Paso, on the thirteenth Mondays after the first Mondays in March and September, and continue in session until the last Saturdays in February and June, unless the business in said court in said county be sooner disposed of.
The district courts of the Thirty-fourth and Forty-first Judicial Districts aforesaid in El Paso county shall have concurrent jurisdiction with each other through the limits of said county of El Paso of all matters, civil or criminal, of which jurisdiction is given by the district courts by the Constitution and laws of the State; provided, that the judge of the Forty-first Judicial District shall never empanel a grand jury in said courts, but may at any time reconvene the grand jury, empaneled by the judge of the Thirty-fourth Judicial District when, in his judgment, a necessity therefor exists; provided further, that the district attorney of the Thirty-fourth Judicial District shall do and perform all the duties pertaining to said office of district attorney for both of said distriot courts in and for said El Paso county.
The clerk of the district court of El Paso county, as heretofore constituted, and his successors in office, shall be the clerk of both said district
courts in said El Paso county, and shall perform all duties pertaining to the office of both district courts.
Either of the judges in said district courts in said El Paso county may, in their discretion, either in term time or vacation, transfer any cause or causes, civil or criminal, that may at any time be pending in his court to the other district court in said El Paso county, by order or orders entered upon the minutes of said court. And when such transfer or transfers are made, the clerk of said courts shall enter such cause or causes upon the docket of the court to which such transfer or transfers are made, and when so entered upon the docket the judge of said court shall try and dispose of said cause in the same manner as if said cause was originally filed in said court.
Sec. 2. All laws and parts of laws in conflict with the provisions of this act are hereby repealed.
SEC. 3. That all process, writs and bonds, issued or executed prior to the taking effect of this act and returnable to the terms of said court, as now fixed by law, in the several counties composing said district, are hereby made returnable to the terms of said courts as fixed in this act; and all process heretofore returned, as well as all bonds and recognizances heretofore entered into in any of said courts, shall be as valid as if no change had been made in the time of holding said courts.
SEC. 4. The near approach of the close of this session of the Legislature and the crowded condition of the calendars, and the great necessity for the passage of this law in order that the crowded condition of the dockets of said courts in El Paso county may be relieved, creates an emergency, and an imperative public necessity exists for the suspension of the constitutional rule requiring bills to be read on three several days in each branch of the Legislature, and a great public necessity exists and the emergency requires that this bill take effect from and after its passage; said rule is therefore suspended, and this act shall be in force and effect from and after the passage thereof, and it is so enacted.
[NOTE.—The enrolled bill shows that the foregoing act passed the Senate and was reported to the House, where it was amended and passed, and reported back to the Senate. Senate concurred in House amendments. The vote is not given in either instance.]
Approved April 19, 1899.