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be, and the same are hereby transferred to the district court of Duval county, and all writs and processes relating to any civil or criminal matters not included in the subject matter of jurisdiction prescribed in Section 1 of this act, issued by or out of said county court of Duval county be, and the same are hereby made returnable to the next term of the district court of said county after this act takes effect.
SEC. 3. That the county clerk of Duval county be, and is hereby required, within thirty days after this act takes effect to make a full and complete transcript of all entries upon the civil and criminal dockets heretofore made in cases which by Section 2 of this act are required to be transferred to the district court of said county, together with all the papers to such causes pertaining, and a certified bill of costs in each case, and all such causes shall be immediately docketed by said district clerk; and such civil cases so transferred shall stand on the dockets of said court as appearance cases for the next succeeding term, and all criminal cases shall be docketed and disposed of in the same manner as if the same had been originally in said district court, and all process now issued and returnable to said county court shall be returnable to said district court.
SEC. 4. That this act shall not be construed to in any manner affect judgments heretofore rendered by said county court of Duval county pertaining to matters and causes which by Section 2 of this act are transferred to the district court of said county, but the county clerk of said county shall issue all executions and orders of sale and proceedings thereunder shall be as valid and binding, to all intents and purposes, as though the change had not been as by Section 2 therein contemplated.
Sec. 5. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.
Sec. 6. Owing to the great inconvenience caused the people of Duval county, and the almost unanimous demand by the citizens of said county that said jurisdiction be diminished, an emergency is created and an imperative public necessity requires the suspension of the constitutional rule requiring bills to be read on three several days; said rule is therefore suspended and 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 House of Representatives by a two-thirds vote, yeas 103, nays 1; and passed the Senate by a two-thirds vote, yeas 25, nays 0.]
Approved January 31, 1899.
SECRETARY OF STATE-BOND. H. B. No. 118.1
CHAPTER IV. An Act to amend Article 2801, of Chapter 1, Title 52, Revised Civil Statutes of
1895, relating to the office of Secretary of State, and requiring the Secretary of State to execute a bond.
SECTION 1. Be it enacted by the Legislature of the State of Texas : That Article 2801, Chapter 1, Title 52, of the Revised Civil Statutes of 1895, be amended so as to hereafter read as follows:
Article 2801. (2719) A Secretary of State shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall be continued in office during the term of service of the Governor by whom he was appointed, and until his successor is appointed and qualified.
The Secretary of State shall within twenty days after he has received notice of his appointment, and before he enters upon the duties of his office, give a bond, payable to the Governor and his successors in office, for the use of the State, in the sum of twenty-five thousand dollars, with not less than six good sureties, to be approved by the Governor, conditioned that he will faithfully execute the duties of his office; and shall take and subscribe to the oath prescribed by the Constitution, which, together with the bond, shall be deposited in the office of the Comptroller of Public Accounts.
SEC. 2. The fact that no adequate bond is required of the Secretary of State, and the large number of bills now on the calendar of each house creates 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 House of Representatives by a two-thirds vote, yeas 99, nays 0; Senate amendment concurred in by a two-thirds vote, yeas 111, nays 0; and passed the Senate by a two-thirds vote, yeas 22, nays 0.]
Approved February 7, 1899.
H. B. No. 22.]
CHAPTER V. An Act to provide for the location and building of a branch asylum for the care
and treatment of the epileptic insane of the State, and to make an appropriation therefor. SECTION 1. Be it enacted by the Legislature of the State of Texas : That there be built, established and maintained a branch asylum for the care, treatment and support of the epileptic insane of the State, and such other insane persons as it may become necessary from time to time to confine and treat in said asylum.
SEC. 2. That said branch asylum be known as the Epileptic Colony.
SEC. 3. That the Governor shall appoint three commissioners, who shall select a site for the said branch asylum and shall receive for their services the sum of five dollars each per day and their actual expenses, not to exceed, however, ten days service, whose accounts shall be approved by the Governor, audited by the Comptroller and paid by the Treasurer.
SEC. 4. That said commission shall make their report to the Governor, and when approved by him they shall take title to the land selected by them in the name of the State for the use and benefit of the State lunatic asylum. Provided, however, that the Attorney-General shall first approve the title of the land selected by said commission.
SEC. 5. That the Governor shall appoint a board of managers for said branch asylum, with such powers and duties as are now provided in Title 9, of the Revised Statutes of Texas.
Sec. 6. That the support and general management of said asylum shall be the same as is now provided for other branch asylums of the State.
Sec. 7. That there shall be constructed upon said grounds so selected suitable and permanent buildings, sufficient to accommodate at least five hundred inmates; said buildings to be provided with such equipment for furnishing water, heat, light, ventilation and other necessary conveniences as may be practicable; and the Governor shall, as soon as practicable after the passage of this act, and approval of the report of the commissioners heretofore provided for, advertise for plans and specifications for said buildings, and together with the Comptroller and Treasurer shall let the contract for the construction of said buildings, according to such plans and specifications as they may have adopted, to the lowest responsible bidder, who shall give a good and sufficient bond for the completion of said buildings according to the contract entered into by them; provided, that the total cost of buildings, improvements and equipments, with all necessary contingencies, shall not exceed one hundred thousand dollars ($100,000).
SEC. 8. That there be appropriated out of the general revenue of the State, accruing in the fiscal year 1900, and not otherwise appropriated, the sum of fifty thousand dollars ($50,000) for the selection and location of site, and toward the erection of buildings and such other improvements and fixtures as may be necessary to build, equip, establish and operate said branch asylum.
Sec. 9. That the epileptic insane now confined in the several asylums of the State be transferred to said epileptic colony, and that such others as may from time to time be declared epileptic lunatics of the State, under such rules and regulations as are now or may hereafter be provided by law, shall be confined and treated in said epileptic colony.
Sec. 10. The Commission appointed by the Governor shall select the site of said branch asylum at or near the city of Abilene; provided, the city of Abilene shall donate to said asylum six hundred and forty acres of good arable land within three miles of said city, and at a convenient distance to the lake, to be determined by said commission, and shall agree and bind itself to furnish said asylum for a period of nineteen years all the water said asylum may need for any purpose whatsoever at a rate not to exceed six cents for each one thousand gallons, said water to be pure and healthy, and to be furnished in the lake and pumped and taken out of the lake by said asylum; and provided further, that said city shall also bind itself by proper and legal agreement, that said water shall, after the expiration of said nineteen years, be furnished in said lake to said asylum free of any charge whatsoever; but should said city fail or refuse to make said donation of land and water as hereinbefore provided, then said commission shall be free to select said site anywhere in Texas, subject to such terms and conditions as the Governor may require.
Sec. 11. Said commission shall be appointed immediately upon the passage of this act, and the sum of one thousand ($1000) dollars be and is hereby, appropriated out of any money in the treasury, not otherwise appropriated, to pay the expenses of said commission, and also for the
payment of the expenses of an agent to be selected and sent by the Governor for the purpose of examining and reporting upon the institutions established at Sonyea, N. Y., Oakburn, Pa., and Palmer, Mass.
SEC. 12. Whereas, there are now a large number of insane persons in the jails throughout the State who are much in need of immediate treatment; and, whereas, there are a large number of epileptic insane in the several asylums of the State who are in great need of separation from the other insane of the several asylums; and, whereas, there are now a large number of epileptic insane throughout the State who are in great need of care and treatment who cannot be admitted into the several asylums on account of their incurable condition and the crowded condition of said asylums, therefore, an emergency and an imperative public necessity exist which render it necessary 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 enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 105, nays 6; and passed the Senate by a two-thirds vote, yeas 21, nays 0.]
Approved February 9, 1899.
SAN JACINTO BATTLE FIELD.
S. B. No. 79.]
CHAPTER VI. An Act to be entitled an act to amend Section 6, of an act approved May the 6th,
1897, for the establishment of a public park on the site of the battle field of San Jacinto, and providing for the purchase and condemnation of a sufficient amount of land upon which to establish said park, and making an appropriation therefor, so as to extend the time within which the commissioners may make their final report under the provisions of the act.
SECTION 1. Be it enacted by the Legislature of the State of Texas : That Section 6 of the above mentioned act be and the same is hereby amended so as to hereafter read as follows:
Section 6. Such reasonable and necessary expenses as may be incurred by the commissioners personally, and in the employment of engineers and surveyors as may be necessary in carrying out the provisions of this act, shall be presented in writing and under oath, to the Governor, and, if approved by him as reasonable and correct, shall be audited as other claims and paid out of the appropriation herein made. Said commissioners shall, on the completion of their services herein provided and not later than the first day of January, 1901, make a full report to the Governor, with an itemized statement of all expenditures and all acts done and performed under this act.
SEC. 2. The fact that suits are now pending in the county of Harris sceking the condemnation of lands under the provisions of this act, and the commissioners have [have] been unable to conclude their duties and to make full report as herein required, 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 Senate by a two-thirds vote, yeas 21, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 103, nays 3.]
Approved February 13, 1899.
THIRTY-FIFTH JUDICIAL DISTRICT.
H. B. No. 351.]
An Act for fixing the time for holding the courts in the Thirty-fifth Judicial Dis
trict, and to repeal all laws in conflict therewith.
SECTION 1. Be it enacted by the Legislature of the State of Texas: That the district courts shall be holden in the counties composing the Thirty-fifth Judicial District each year as follows:
In the county of Coleman, on the first Mondays in February and September, and may continue in session five weeks.
In the county of Runnels, on the fifth Mondays after the first Mondays in February and September, and may continue in session four weeks.
In the county of Concho, on the ninth Mondays after the first Mondays in February and September, and may continue in session two weeks.
In the county of McCulloch, on the eleventh Mondays after the first Mondays in February and September, and may continue in session two weeks.
In the county of Brown, on the thirteenth Mondays after the first Mondays in February and September, and may continue in session until the business is disposed of.
SEC. 2. That all process issued on and 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 recognizances 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 this act be and the same are hereby repealed.
SEC. 4. The fact that many causes docketed in the district courts of Coleman and Runnels counties cannot be reached for trial for want of sufficient time, creates an imperative public necessity and emergency justifying the suspension of the constitutional rule requiring bills to be read on three several days, and it is so suspended, and that this act shall take effect from and after its passage, and it is so enacted.