DISTRICT COURT-TWENTY-NINTH JUDICIAL DISTRICT.

H. B. No. 649.]

CHAPTER XXVII.

An Act to amend Subdivision 29, of Article 22, Title 4, of the Revised Civil Statutes of the State of Texas, so as to change the times of holding the district court in the Twenty-ninth Judicial District, except in Coryell county, and to extend the time of holding the court in the county of Erath.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Subdivision 29, of Article 22, of Title 4, of the Revised Civil Statutes of the State of Texas, be so amended as to hereafter read as follows: Subdivision 29. The Twenty-ninth Judicial District shall be composed of the counties of Palo Pinto, Hood, Somervell, Erath, Hamilton and Coryell, and the terms of this district court shall be begun and holden therein each year as follows:

In the county of Coryell on the third Monday in January and July, and may continue in session five weeks.

In the county of Hamilton on the fifth Monday after the third Monday in January and July, and may continue in session four weeks.

In the county of Somervell on the ninth Monday after the third Monday in January and July, and may continue in session two weeks. In the county of Erath on the eleventh Monday after the third Monday in January and July, and may continue in session eight weeks.

In the county of Hood on the nineteenth Monday after the third Monday in January and July, and may continue in session three weeks. In the county of Palo Pinto on the twenty-first Monday after the third Monday in January and July, and may continue in session three weeks. SEC. 2. That all process and writs heretofore issued or which may be issued up to the time this act takes effect by or from the district court of said county, and made returnable to the terms of said court as now fixed by law, shall be returnable to the next ensuing term of said court, as prescribed by this act, and all such writs and process are hereby legalized and validated as if the same had been made returnable to the term of said courts as fixed by this act.

SEC. 3. Whereas, the time now allowed for the terms of the district court of Erath county is not sufficient, and the docket of said court by reason thereof is greatly crowded, having two hundred and eighty-six cases now pending in said court for trial at its next term, some of which are of long standing and ought to be disposed of, and the near approach for the time of holding the spring term of said court renders it necessary, and 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 said rule is hereby suspended, 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 24, nays 0.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the tenth day of March, A. D. 1899, but was not signed by him nor returned to the house in which it originated with his objections.

3-G. J.

thereto within the time prescribed by the Constitution, and thereupon became a law without his signature.-D. H. HARDY, Secretary of State.] Became effective March 23, 1899.

B. F. GOHLSON AND J. W. BENSON-PERMISSION TO SUE

An Act granting permission to B. F. Gohlson and J. W. Benson, or their assigns, to bring suit against the State of Texas, in the district court of Lampasas county, to ascertain the amount, if any, is due them for services rendered the State as rangers or soldiers.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That B. F. Gohlson and J. W. Benson, or their assigns, are hereby granted permission to bring suit against the State of Texas, in the district court. of Lampasas county, to ascertain and fix the amount, if any, the State is indebted to the said B. F. Gohlson and J. W. Benson, respectively, for military services rendered on the frontier of Texas between the years of 1857 and 1862.

SEC. 2. Either party shall have the right to appeal, and any judgment finally established against the State shall be a liquidated debt, which shall be paid by the State.

SEC. 3. The crowded condition of the calendar and the impoverished condition of the parties asking this permission, creates an emergency necessary for 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 and shall 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 90, nays 5; and passed the Senate by a two-thirds vote, yeas 24, nays 1.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the thirteenth day of March, 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.]

Became effective March 25, 1899.

H. B. No. 77.]

DENTON COUNTY ROAD SYSTEM.

CHAPTER XXIX.

An Act to provide for a special road law for Denton county, Texas, to empower the commissioners of said county with special authority to act as road commissioners for said county with power to purchase teams and tools for said work; to summon any one subject to road duty; also providing for penalty for failure to work; also providing for working upon public roads those who have not paid poll tax; with penalty for failure to work; also providing for amount that may be paid by each tax-payer in lieu of work; also compensation for commissioners when engaged in this duty.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That each member of the commissioners' court of Denton county shall be ex-officio road commissioners of their respective precincts, and under the direction of the commissioners' court shall have charge of all teams, tools and machinery belonging to the county, and placed in their hands by said court, and it shall be their duty, under such rules and regulations as the commissioners may prescribe, to superintend the laying out of new roads, the making or changing of roads, and building bridges.

Each of said commissioners shall, before entering upon the duties of their office as road commissioner, execute a bond of one thousand dollars, with two or more good and sufficient sureties, payable to the county judge of said county, for the use and benefit of the road and bridge fund, conditioned that they will perform all the duties required of them by law, or the commissioners' court, and that they will account for all moneys or property belonging to the county that may come into their possession; provided, that with the consent of the commissioners' court, any one of said commissioners shall be allowed to appoint any competent person as deputy road commissioner, who shall be required to execute the same bond that is required of county commissioners in this section, and such deputy road commissioner shall be entitled to the same compensation that is allowed the county commissioner for the same service performed; that county commissioners shall not be allowed any compensation as road commissioner, when a deputy road commissioner has been appointed.

SEC. 2. The commissioners' court of said county shall have full power and authority, and it shall be their duty to adopt such system for working, laying out, draining, and repairing the public roads in said county as they may deem best, and from time to time such county may change its plans or system of working.

Said commissioners' court shall have power to purchase such teams, tools and machinery as may be necessary for the working of its roads.

Said court shall have power to construct, grade or otherwise improve any road or bridge by contract; in such case said court or the county judge may advertise in such manner as such court may deem best for bids to do such work, and the contract shall be awarded to the lowest responsible bidder, who shall enter into a bond payable to the county judge of said. county, for the use and benefit of the road and bridge fund, with good and sufficient sureties, to be approved by said court, and in such sum as said court may determine, for the faithful compliance with the terms of said contract; but said court shall have the right to reject any and all bids; and said contract shall be paid out of the road and bridge fund, and said

court shall have the authority to employ any hands or teams to work on the roads under such regulations and for such price as they may deem best.

SEC. 3. The commissioners' court of said county shall require al county convicts to labor on the public roads, under such regulations as it may prescribe, and each convict so worked shall receive a credit of fifty cents per day on his fine first and then on the costs, for each day he may labor on said roads, and the commissioners' court may, at a regular term, allow to the officers and witnesses such amount of their costs for the arrest and conviction of said convict as it may deem best; provided, it shall not allow to any officer a greater amount than one-half of their costs, as is allowed under the present fee bill, which amount shall be paid to the officers out of the road and bridge fund on the warrant of the county judge, when said fine and costs shall have been worked out as provided in this section; provided, that this shall not be construed as to relieve any convict from all costs for which he would be liable under the General Laws of this State.

The commissioners' court may grant a reasonable commutation of time for which a convict is committed as a reward for faithful service and good behavior; provided, that such commutation shall in no case exceed onetenth of the whole time.

The commissioners' court may provide the necessary house or houses, prisons, tents, clothing, bedding, food, medicine and medical attention and guards for the safe and humane keeping of convicts.

SEC. 4. County commissioners shall have control of all road overseers in their precincts, and such overseer shall call out the hands and teams in his respective precinct as may be required by the county commissioners to work in connection with the county's regular organized road gang, or in repairing roads or building bridges, and such hand shall receive credit on his time two dollars per day for himself, team and wagon, or for himself, team with plow or scraper, for every day so worked.

SEC. 5. It shall be the duty of the county commissioner, when acting as road commissioner, to inform himself of the condition of the roads in his district, and he 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 directions shall be observed and obeyed by all road overseers in his district.

SEC. 6. The commissioners may require each road overseer in his district to call out the hands in such number as may be sufficient to perform the work, but no road hand shall be required to work exceeding five days in any one year, unless the term of service as prescribed by the General Laws be extended beyond that time; and provided, that all road hands in a particular district shall, as far as practicable, be worked a uniform time. Each road overseer shall have full control of all road hands within his road district, and he shall see that each hand when called out shall perform a good day's work, and if any hand, when so called out, shall fail or refuse to perform a good day's work, 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.

SEC. 7. Any citizen of Denton county liable for road duty, and who shall, on or before the first day of February in any year, pay to the county

treasurer the sum of three dollars, shall be exempt from road duty for such year, beginning on the first day of February.

The treasurer shall receive and receipt for all money so paid to him, and place the same to the credit of the road and bridge fund, and he shall keep a separate account for each commissioner's precinct.

The treasurer shall at the regular February term furnish to each commissioner a list of all persons in their respective precincts that have paid said sum as provided in this section.

SEC. 8. Whenever it shall be necessary to occupy any land for the purpose of opening, widening, straightening or draining any road, or any part thereof, if the owner of such land and the commissioners' court cannot agree upon the damage to be paid, the county may proceed to condemn the same in the manner that a railway company can condemn land for right of way, and the same proceedings may be had and the same rights shall exist to each party as would exist as if the proceedings were by a railway company, except the county shall in no case be required to give a bond.

SEC. 9. Every owner of a farm or other lands upon which a hedge of any description grows on or near a public road, shall be required to keep the same trimmed so that the height of the same shall not exceed six feet from the level of the ground; any such owner who shall fail, or neglect to so trim such hedge shall be notified in writing by the road overseer of that precinct or the county commissioner to trim such hedge, as is herein required, and if such owner shall, after receiving such notice, fail or refuse to so trim such hedge within thirty days, he shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed $25.00 per week from and after the time such notice was given, such fine to be paid into the county treasury and to be placed to the credit of the road and bridge fund of said county; and if any owner of any farm, shall fail or refuse after being notified as herein required to trim his hedge, as required by this act, then the road overseer shall cause the same to be trimmed in accordance with the provisions of this act.

SEC. 10. Each county commissioner, when acting as road commissioner, and performing the duties imposed upon him by law or by the commissioners' court, shall be entitled to two dollars per day for the services actually performed, provided that he shall not receive more than forty dollars per quarter, which amount shall be paid quarterly out of the road and bridge fund when the account shall have been allowed by the commissioners' court, and the court shall not approve said account unless the commissioner presenting it shall sign an oath that the account is just, true and unpaid, and specifying the number of day's work actually performed by him, and that it was necessary to be done, and no commissioner shall be entitled to pay while he is performing the duty of county commissioner, nor shall he be entitled to any other pay for supervising public roads except what is allowed by this act.

SEC. 11. This act shall be taken notice of by all courts in the manner as the General Laws of this State, and it shall be construed 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 the county of Denton.

[NOTE. The foregoing act was presented to the Governor of Texas for