RAILWAY COMPANIES-RELIEF OF THOSE FAILING TO CONSTRUCT IN TIME REQUIRED BY LAW.

An Act for the relief of railway corporations and belt and suburban railway companies, having charters granted or amended since the first day of January, 1887, and which have failed, or about to fail, to construct their roads and branches, or any part thereof, within the time required by law.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the time within which any railway corporation, chartered under the laws of the State of Texas since the first day of January, 1887, or the charter of which has been amended since that date, is required to begin the construction of its road, and construct, equip and put in good running order, as provided in Article 4558, of the Revised Statutes of the State of Texas, shall be, and the same hereby is, as to any unfinished portion of such road, extended two years from the taking effect of this act; and any railway company having been chartered since January 1, 1887, or the charter to which has been amended since said date, which shall have forfeited its corporate existence or any of its rights and powers, or is about to so do, by reason of the failure to comply with said Article 4558, or any part of said article, shall have restored and preserved to its corporate existence and it shall have and enjoy all of the corporate franchises, property, rights and power held or acquired by it previous to any cause of forfeiture on account of such failure as aforesaid; provided, that no railroad company which shall be revived or the time extended by virtue of this act shall claim or exercise any right or franchise not allowed, granted or permitted to other railway corporations under the laws as now in force in this State, and such railroad company as may be revived or time extended by this act shall comply with the laws of this State now in force appertaining to railway corporations, and the provisions of this act shall extend to and embrace suburban and belt railroads heretofore chartered under the laws of this State.

SEC. 2. Any railway corporation chartered since the first day of January, A. D. 1887, and which by its original charter, or by amendment thereto filed since said first day of January, A. D. 1887, has provided for the locating, constructing, maintaining, owning and operating, or any extension or branch line or lines of railway, and which has failed or is about to fail to complete the same or any part thereof within the time required by law, shall, upon the payment of all of its franchise tax, be and is hereby restored to and granted all and singular the rights, privileges and franchises acquired by such original charter, or by such amendment to its articles of incorporation as if the same were filed and recorded in the office of the Secretary of State on the day of the taking effect of this act, and such corporation shall, upon the payment of its franchise tax, be and is hereby authorized to project, complete, construct, own and operate any such extensions and branch line or lines of railway under and as provided for in its charter, or in any such amendment to its articles of incorporation; provided, that said extensions and branch lines of railway shall be by such corporation completed and put in running order at the rate of at least ten miles within one year from the taking

effect of this act, and twenty additional miles for each and every year thereafter until all of said extensions or branch line or lines so provided for are completed.

SEC. 3. The fact that no good can result to the State from the forfeitures provided against in this act, and that the public interest and convenience will be promoted, and citizens in many parts of the State having invested in railway enterprises subject to great loss, unless the relief herein provided for be granted, therefore, an emergency and an imperative public necessity authorizing the suspension of the constitutional rule requiring bills to be read on three several days is created, and it is so suspended, and demanding 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 Senate by a two-thirds vote, yeas 21, nays 2; and passed the House of Representatives by a two-thirds vote, yeas 104, nays 1.]

Approved March 3, 1899.

Became effective March 3, 1899.

BEXAR COUNTY-INCREASING JURISDICTION OF COUNTY

H. B. No. 49.]

COURT.

CHAPTER XX.

An Act to restore and confer upon the county court of Bexar county the civil and eriminal jurisdiction heretofore belonging to the said court under the Constitution and General Laws of the State, and to conform the jurisdiction of the district court of said county to such change, and to repeal all laws in conflict with this act.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the county court of Bexar county shall hereafter have exclusive original jurisdiction in civil cases when the matter in controversy shall exceed in value two hundred dollars, and shall 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; but shall not have jurisdiction of suits for the recovery of land.

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 shall exceed twenty dollars, exclusive of costs, and said county court shall have power to hear and determine cases brought up from the justices courts by certiorari under the provisions of the title of the Revised Statutes relating thereto.

SEC. 3. The county judge in 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 said court, and shall 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 judge thereof.

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

SEC. 5. Said county court shall have exclusive and original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justices courts, as the same is now or may hereafter be prescribed by law, except misdemeanors involving official misconduct.

SEC. 6. The district court of said county of Bexar shall no longer have jurisdiction of misdemeanors, except misdemeanors involving official misconduct, and shall no longer have jurisdiction of cases of which the county court of said county, by the provisions of this act, has original or appellate jurisdiction; and it shall be the duty of the district clerk of said county, within ninety days after this act shall take effect, to make full and complete transcripts of all the orders on the criminal and civil dockets in cases then pending before the district court of said county of which cases, by the provisions of this act, original or appellate jurisdiction is given to said county court, and to deliver said transcript, together with the original papers and a certified copy of the bill of costs in each case, to the county clerk of said county, and said county clerk shall take charge of said transcripts and papers, file the same and enter said cases on their respective dockets for trial by said court.

SEC. 7. The said county court shall also have the power to hear and determine all motions against sheriffs and other officers of the court for failure to pay over moneys collected under the process of said court, or other defalcations of duty in connection with such process, and shall have power to punish by fine, not exceeding one hundred dollars, and by imprisonment, not exceeding three days, any person guilty of contempt of said court, and all other powers and jurisdictions conferred on county courts by the Constitution and General Laws of this State.

SEC. 8. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

SEC. 9. The crowded condition of the district courts, and the importance of giving relief so that cases may be promptly tried and with less expense, create an emergency and an imperative public necessity exists that the constitutional rule requiring bills to be read on three several days be 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 enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 95, nays 0; and passed the Senate by a two-thirds vote, yeas 23, nays 0.]

Approved March 6, 1899.

Became effective March 6, 1899.

AGRICULTURAL AND MECHANICAL COLLEGE-BOARD

S. B. No. 114.]

OF DIRECTORS.

CHAPTER XXI.

An Act to amend Articles 3862, 3863 and 3866, Revised Civil Statutes, relating to the government of the Agricultural and Mechanical College of Texas.

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

SECTION 1. That Articles 3862, 3863 and 3866, Revised Civil Statutes be amended as follows:

Article 3862. The government of the Agricultural and Mechanical College of Texas shall be vested in a board of eight directors (one of whom shall be the Commissioner of Agriculture, Insurance, Statistics and History as provided in Article 2921, Revised Civil Statutes, and whose tenure of office shall be governed by the act under which he is appointed), who shall reside in different portions of the State; who shall be appointed by the Governor, by and with the advice and consent of the Senate. The members of the present board shall continue to exercise their duties until the expiration of their respective terms.

Article 3863. The board of directors shall be divided into classes, numbered one, two, three and four, as determined by the Governor; shall hold their office two, four, six and eight years, respectively, from the date of their appointment and until their successors are appointed and qualified. Two members shall be appointed at each session of the Legislature to supply the vacancies made by the provisions of this article, and in the manner provided for in the preceding article, who shall hold their office for eight years respectively.

Article 3868. Said directors shall serve without compensation, but shall receive their actual expenses incurred in attending the meetings of the board or in the transaction of any business of the college imposed by said board.

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

SEC. 3. The fact that the terms of the present board of directors will expire in June next, and there being no law providing stability in the government of said college creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule requiring bills to be read on three several days, and the same is hereby suspended, and that this act shall 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 Senate by a two-thirds vote, yeas 24, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 103, nays 1.]

Approved March 9, 1899.

Became effective March 9, 1899.

S. B. No. 47.]

CASS COUNTY ROAD SYSTEM.

CHAPTER XXII.

An Act to be entitled an act to create and maintain a more efficient public road system for Cass county.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the county commissioners of Cass county shall be ex-officio road commissioners of Cass county and shall be empowered by the commissioners' court to employ a competent surveyor or civil engineer, who shall be a resident of the county, to make a plan and suitable map for a public road system for the county, including an estimate of the cost of laying out such system and constructing same in accordance with the provisions of this act, and whose salary shall be fixed by the said commissioners' court not to exceed $3.00 (three dollars) per day for each day he is actually engaged in making this survey and estimate, and those commissioners acting as the road commissioners of their respective districts as hereafter provided for in this act, shall aid such surveyor or engineer in their respective districts, in any way he may need to enable him to perform his duties so that the system of roads laid out may benefit the greatest number of people of the county, in the transaction of their business, and these county commissioners as road commissioners, in their respective districts shall have charge of and be responsible for, all the teams, tools, and other implements belonging to the county while they may be in use in their districts; and shall receipt to the county judge for the same when they are taken charge of by them respectively, and when returned to the county judge he shall cancel such receipts, calling upon three taxpayers of the county to view the property, and assess the damages, should such exist to the property, other than necessary wear and tear from use, or which may be charged to the negligence of such commissioner, the county being charged with the necessary feed and repairs other than from the negligence of the commissioner.

SEC. 2. The public roads of the county shall be divided into three classes, as follows: First class roads to be 20 (twenty) feet wide from a ditch on one side to a ditch on the other side; to be oval on the surface, and 10 (ten) inches higher in the center of the grade than on the sides, and not to rise or fall in its lineal course more than 9 (nine) inches to the 53 (five and one-half) yards. Second class roads to be 16 (sixteen) feet wide from ditch to ditch, as in the first class roads, oval on the surface, (8) eight inches higher in the middle than on the sides of the grade, and not to rise or fall in lineal course more than 12 (twelve) inches to the 51 (five and one-half) yards. Third class roads are to be 12 (twelve) feet wide, cleared of all obstructions, and ditched on both sides, which ditches may be made with an ordinary plow, and by raking the loose earth to the middle from either side; the ditches are to be made in each class of roads, except the third, of sufficient capacity to carry off all water and to prevent its breaking across the road bed, except in places prepared for such crossing of surplus water, which places or fords are to be lined with stone, or other material which ordinary floods will not move, or culverts are to be made in such places if more suitable; and side or drain ditches are to be made in suitable places into which surplus water may be emptied,