FIFTY-FIRST AND THIRTY-THIRD JUDICIAL DISTRICTS.

An Act to name the several counties composing the Fifty-first and Thirty-third Judicial Districts and to fix the times for nolding the district courts therein, and to attach the unorganized county of Schleicher to the county of Menard until its organization, 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 the Fifty-first Judicial District of this State shall be composed of the following counties: Crockett, Sutton, Schleicher, Irion, Coke, Sterling, Menard and Tom Green, and the terms of the district court shall be holden therein each year as follows:

In the county of Irion, on the first Mondays in September and February, and may continue in session two weeks.

In the county of Coke, on the third Mondays in September and February, and may continue in session three weeks.

In the county of Crockett, on the fifth Mondays after the first Mondays in September and February, and may continue in session two weeks. In the county of Sutton, on the seventh Mondays after the first Mondays in February and September, and may continue in session two weeks.

In the county of Sterling, on the ninth Mondays after the first Mondays in September and February, and may continue in session two weeks.

In the county of Menard, on the eleventh Mondays after the first Mondays in September and February, and may continue in session two weeks.

In the county of Schleicher (when organized), on the twelfth Mondays after the first Mondays in September and February, and may continue in session one week.

In the county of Tom Green, on the thirteenth Mondays after the first Mondays in September and February, and may continue in session until the business is disposed of.

SEC. 2. The Thirty-third Judicial District shall be composed of the counties of Blanco, Gillespie, Mason, Kimble, San Saba and Llano, and the terms of the district court shall be holden therein each year as follows:

In the county of Blanco, on the first Mondays in February and September, and may continue in session two weeks.

In the county of Gillespie, on the third Mondays in February and September, and may continue in session two weeks.

In the county of Mason, on the fourth Mondays after the first Mondays in September and February, and may continue in session three weeks.

In the county of Kimble, on the seventh Mondays after the first Mondays in February and September, and may continue in session two weeks.

In the county of San Saba, on the ninth Mondays after the first Mondays in February and September, and may continue in session three weeks.

In the county of Llano, on the twelfth Mondays after the first Mondays

in February and September, and may continue in session until the business is disposed of.

SEC. 3. That the unorganized county of Schleicher shall be attached to the county of Menard for judicial and surveying purposes.

SEC. 4. That the near approach of the close of the present session, and the large amount of business undisposed of, creates an emergency and an imperative public necessity that the rule be suspended requiring bills to be read on three several days, and the same is hereby suspended. SEC. 5. That all laws and parts of laws in conflict with this act be and the same are hereby repealed.

Approved May 9, 1899.

Takes effect 90 days after adjournment.

LUNATIC ASYLUM-LEASE OF SULPHUR WATER.

S. B. No. 218.]

CHAPTER XCVII.

An Act authorizing the board of managers of the Southwest Texas Lunatic Asylum, at San Antonio, Texas, in conjunction with the Governor of the State of Texas, to lease the sulphur water flowing from the artesian wells on the grounds belonging to said asylum.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the board of managers of the Southwest Texas Lunatic Asylum, situated at San Antonio, Texas, be and they are hereby authorized and empowered, in conjunction with the Governor of the State of Texas, to lease the surplus sulphur water, the amount of such surplus water to be determined by the board of managers, and to be stated in the lease, belonging to the State and flowing from the artesian wells on the grounds of said asylum, for a term not to exceed twenty-five years; provided, however, that the water shall not be leased to any person or persons unless such person or persons shall enter into bond, with two or more good and sufficient sureties, in the sum of ten thousand dollars, to be approved by the Governor, conditioned that such person or persons shall erect and construct upon the premises of such person or persons permanent improvements not less in value than the sum of twenty-five thousand dollars; said improvements to be adapted to the purposes of and to be used for a sanitarium and bathing establishment, and such improvements to be completed within one year from the date of said lease.

SEC 2. Said board of managers, acting in conjunction with the Governor of the State, may lease the said water upon the best terms and for the best price obtainable, or it may solicit competitive bids, and in this event it may lease the water to the highest and best bidder; provided, however, that if competitive bids are solicited proper advertisement and notice of this fact shall be given in some daily newspaper published in the city of San Antonio for at least thirty days prior to the opening of said bids; and provided further, that the said board shall have the right and authority to reject any and all bids.

SEC. 3. The lease of said water shall be evidenced by a written contract, duly signed and acknowledged by the lessee, and on the part of the State the said lease shall be signed by the said board of managers, and

approved by the Governor of the State, and the said lease shall express all of the terms, conditions and agreements entered into between the parties, and no rights shall accrue to any person or bidder until the said contract of lease is executed as herein provided.

SEC. 4. All laws and parts of laws in conflict herewith are hereby repealed.

SEC. 5. The near approach of the close of the present session of this Legislature, and the importance of having the sulphur water flowing from the wells of this asylum utilized to the best interests and advantage of the State, create an emergency and an imperative public necessity exists 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 enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 22, nays 0; reported to the House, where it was amended, and passed by a two-thirds vote, yeas 91, nays 0; and reported back to the Senate; Senate concurred in House amendments by a two-thirds vote, yeas 26, nays 0.]

Approved May 9, 1899.

Became effective May 9, 1899.

COURTS OF CIVIL APPEALS CERTIFYING QUESTIONS. H. B. No. 618.] CHAPTER XCVIII.

An Act to define the powers and duties of the Courts of Civil Appeals of the several supreme judicial districts of the State of Texas, where there is, or may be, a conflict of opinion by any of the said Courts of Civil Appeals on a question of law involved in any cause pending before said courts; and prescribing the duties of the Supreme Court of the State of Texas in such cases.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That in any cause that is now pending or may hereafter be pending in any of the Courts of Civil Appeals of the several supreme judicial districts of the State of Texas, any one of said courts may arrive at an opinion in the decision of any of said causes that may be in conflict with the opinion heretofore rendered, or hereafter rendered, by some other Court of Civil Appeals in this State on any question of law, and said Court of Civil Appeals refuses to concur with the opinion so rendered by said other Court of Civil Appeals, it shall be the duty of said court failing to concur with the opinion in conflict with the opinion so arrived at by said court, through its clerk, to transmit the question of law, duly certified to, involved in the cause wherein said conflict of opinion has arisen, together with the record or transcript in said cause to the Supreme Court of the State of Texas for adjudication by said Supreme Court. When said record shall have been received by the clerk of the Supreme Court he shall docket the same, and the Supreme Court shall set such cause down for hearing at some future day, and the clerk of the Supreme Court shall at once notify the parties or their attorneys of record of such setting, and such case shall be set for a time sufficiently far in the future to give

such attorneys reasonable time to prepare briefs and arguments if they so desire.

SEC. 2. It shall be the duty of the Supreme Court, on receiving said record, together with said certified question of law, from the Court of Civil Appeals transmitting the same, to examine said record and said. certified question of law, and render an opinion in said cause, as in other cases, which opinion, when so rendered by said Supreme Court, on the record and question of law presented therein, shall be final and shall be the law on the question involved, until said opinion shall have been overruled by the said Supreme Court, or abrogated by legislative enactment, and the Courts of Civil Appeals shall be governed thereby.

SEC. 3. The fact that conflicts of opinion on questions of law are now frequently occurring with the several Courts of Civil Appeals in this State, and it being necessary that all judicial opinions on questions of law should harmonize, and there should be no conflict in the same, 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.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 107, nays 0; and passed the Senate by a two-thirds vote, yeas 21, nays 0.]

Approved May 9, 1899.

Became effective May 9, 1899.

THIRTY-NINTH JUDICIAL DISTRICT-TIME OF HOLDING

H. B. No. 775.]

COURT.

CHAPTER XCIX.

An Act to change and fix the times for holding courts in the Thirty-ninth Judicial District of the State of Texas, and to repeal all laws or parts of laws in conflict herewith.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the Thirty-ninth Judicial District of the State of Texas shall be composed of the following counties, towit: Fisher, Scurry, Kent, Stonewall, Haskell and Throckmorton, and the terms of the district court therein shall be held each year as follows:

In the county of Fisher, on the third Monday after the first Monday in February and August, and may continue in session for three weeks. In the county of Scurry, on the sixth Monday after the first Monday in February and August, and may continue in session three weeks.

In the county of Kent, on the ninth Monday after the first Monday in February and August, and may continue in session two weeks.

In the county of Stonewall, on the eleventh Monday after the first Monday in February and August, and may continue in session three weeks.

In the county of Throckmorton, on the fourteenth Monday after the first Monday in February and August, and may continue in session twɔ weeks.

In the county of Haskell, on the sixteenth Monday after the first Monday in February and August, and may continue in session four weeks. SEC. 2. That process issued or served before this act goes into effect returnable to the district courts in said judicial district shall be considered returnable to said courts in accordance with the terms as prescribed by this act, and all such process is hereby legalized; and all grand and petit jurors drawn and selected 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 their respective counties held after this act takes effect, and all such process is hereby legalized and validated.

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

Approved May 9, 1899.

Takes effect 90 days after adjournment.

LUNATICS-APPREHENSION-AMENDMENT.

S. B. No. 32.]

CHAPTER C.

An Act to amend Article 128, Title 9, Chapter 1, of the Revised Civil Statutes of the State of Texas, relating to the apprehension of lunatics.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Article 128, of the Revised Civil Statutes of the State of Texas, be amended so as to read hereafter as follows:

Article 128. If information in writing and under oath be given to any county judge that any person in his county is a lunatic or non compos mentis, and that the welfare of himself or of others requires that he be placed under restraint, and such county judge shall believe such information to be true, he shall forthwith issue his warrant for the apprehension of such person, or upon filing of such complaint before any justice of the peace, said justice of the peace may issue the warrant for the apprehension, returning said complaint and warrant to said county judge, and said county judge shall fix a day for the hearing and determining of the matter.

Approved May 9, 1899.

Takes effect 90 days after adjournment.

DEFRAUDING HOTELS AND BOARDING HOUSE KEEPERS. S. B. No. 215.]

CHAPTER CI.

An Act defining the offense of defrauding hotel and boarding house keepers of their charges, and providing penalties therefor.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That every person who shall obtain board or lodging in any hotel or boarding house by means of any trick or deception or false or fraudulent representations, or statement or pretense, and shall fail or refuse