proper to enforce, by execution against the property of the defendant, or imprisonment of the defendant, the collection of all costs and fines imposed by such court as herein created and established, and shall also have power to adopt such rules and regulations concerning the practice and procedure in such court as said council or board of aldermen may deem proper, not inconsistent with the provisions of this act nor other law of this State, and until the passage of such ordinance all rules and regulations of such city, town or village now in force concerning the municipal courts therein and the enforcement of collection of fines and costs imposed by such court, shall be applicable to the court hereby created and established.

SEC. 10. That all costs and fines imposed by the said court in any city, town or village in any prosecution therein shall be paid into the city treasury of said city, town or village for the use and benefit of the city, town or village.

SEC. 11. That there shall be taxed against and collected of each defendant in case of his conviction before such court, such costs as may be provided for by ordinance of the said city, town or village; but in no case shall the council or board of aldermen of any such city, town or village prescribe the collection of greater costs than are prescribed by law to be collected of defendants convicted before justices of the peace.

SEC. 12. That the provisions of the Code of Criminal Procedure now in force regulating the amount and collection of jury and witness fees and for enforcing the attendance of witnesses in criminal cases tried before a justice of the peace shall, so far as applicable, govern and be applicable to the trial of cases before the corporation court herein created and established.

SEC. 13. That the judge of said corporation court shall have the power to punish for contempt to the same extent and under the same circumstances as the county judge may punish for contempt of the county court. He shall have power to take recognizances, admit to bail, and forfeit recognizances and bail bonds under such rules and regulations as now govern the taking and forfeiture of the same in the county court.

SEC. 14. That all process issuing out of said corporation court shall be served by the chief of police or any policeman or marshal of the city, town or village within which it is situated under the same rules and regulations as are now provided by law for the service by sheriffs and constables of process issuing out of the county court, so far as the same are applicable. Such court, in any city, town or village, shall hold no terms, but shall be deemed at all times open for the transaction of business; but each defendant shall be entitled to at least one day's notice of any complaint against him, if such time be demanded.

SEC. 15. That unless provided by special charter, the council or board. of aldermen of each city, town or village shall, by ordinance prescribe the compensation and fees which shall be paid to the recorder, city attorney, city secretary and other officers of said court, which compensation and fees shall be paid out of the treasury of the said city, town or village. In all such cases, the fines imposed on appeal, together with the costs imposed in the corporation court, and the court to which the appeal is taken, shall be collected of the defendant and his bondsmen, and such fine and the costs of the corporation court shall, when collected, be paid into the treasury of the city, town or village. When the defendant in such cases is committed

to custody, he shall be committed to the custody of the chief of police or city marshal of such city, town or village, to be held by him in accordance. with the ordinance of such city, town or village providing for the custody of prisoners convicted before such corporation courts, and said city, town or village shall be liable to the officers of the court to which the appeal is taken for the costs due them when such defendant has fully discharged such fine and costs. Such corporation court shall hold no terms, and shall be at all times open for the transaction of business.

SEC. 16. Appeals from judgments rendered by such corporation courts shall be heard by the county court, except in cases where the county courts have no jurisdiction, in which counties such appeals shall be heard by the district court of such counties, unless in such county there is a criminal district court, in which cases the appeal shall be from the corporation courts to the said criminal district court; and in all such appeals to such county court, district court or criminal district court the trial shall be de novo, the same as if the prosecution had been originally commenced in that court. Said appeals shall be governed by the rules of practice and procedure for appeals from justices courts to the county court, as far as the same may be applicable.

SEC. 17. That until the due and legal organization of the said court in any city, town or village, as herein provided for, the municipal court in said city, town or village, as now established, shall continue to exercise its powers and jurisdiction; that after the due and legal organization of the said corporation court, the said municipal court and the office of the judge and recorder and clerk thereof shall be and the same is hereby abolished, and the said municipal court in each city, town or village shall be entirely superseded by the corporation court and such officers herein. created and established, as the same shall be and become duly and legally organized.

SEC. 18. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

SEC. 19. Whereas, there exists great doubt and confusion concerning the jurisdiction of municipal courts as now established, and a great public necessity exists for the establishment in the cities, towns and villages of this State of courts of well defined and established jurisdiction, and an emergency and imperative public necessity exists that the rule requiring bills to be read on three several days be suspended, and that this act shall take effect and be in force from and after its passage, therefore be it so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 21, nays 0; and reported to the House of Representatives, where it was amended and passed by a two-thirds vote, yeas 77, nays 23; and reported back to the Senate; Senate concurred in amendments, no vote given.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the fifteenth 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.]

APPROPRIATION TO ASSIST AUTHORITIES TO SUPPRESS

S. B. No. 262.]

SMALLPOX AT LAREDO.

CHAPTER XXXIV.

An Act to make an appropriation of two thousand dollars to assist the local authorities at Laredo, Webb county, Texas, in suppressing and abating the epidemic of smallpox now raging at that place.

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

SECTION 1. That the sum of two thousand dollars, or so much thereof as may be necessary, is hereby appropriated out of any funds in the State. treasury, not otherwise appropriated, to be used under the direction of the Governor and the State Health Officer in aiding the local authorities, city and county, at and near Laredo, Webb county, Texas, in suppressing and abating the epidemic of smallpox now raging at that place, and to prevent its further spread.

SEC. 2. The sum hereby appropriated shall be paid by the Comptroller upon the order of the State Health Officer, approved by the Governor.

SEC. 3. The existence of the smallpox epidemic in the county of Webb, State of Texas, creates an emergency and an imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and same is hereby suspended, and that this act be in force and 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 24, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 97, nays 1.]

Approved March 15, 1899.

Became effective March 15, 1899.

CITY AND COUNTY TREASURERS-REQUIRING THEM TO MAKE REPORT TO COMPTROLLER.

An Act to require city and county treasurers to report condition of interest and sinking funds to the State Comptroller, to prohibit them from diverting said funds and providing penalties.

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

SECTION 1. That it shall be the duty of the treasurer of each county in this State and,of each city, whether incorporated under the general law or by special charter, to make an annual report to the Comptroller of Public Accounts of this State on the first day of August of each year showing the condition of the interest and sinking fund for each set of bonds of said county or city outstanding on the 30th day of June of each year, which said report shall be made under oath and shall show:

First. The outstanding bonded indebtedness of said city or county, giving date when issued, the amount of each set of bonds, the rate of interest they bear and when they mature.

Second. The tax levy in force to provide for the interest and sinking fund on each set of said bonds.

Third. The amount on hand to the credit of the interest and sinking fund of each set of said bonds, showing whether in cash or securities.

Fourth. The amount received by the said fund since last report, and from what source.

Fifth. The disbursement from said fund since last report, and for what purpose.

Sixth. The amount of said bonds redeemed since last report, and the amount still outstanding.

SEC. 2. No city or county treasurer shall honor any draft upon the interest and sinking fund provided for any of the bonds of such city or county, nor pay out nor divert any of the same, except for the purpose of paying the interest on such bonds or for redeeming the same, or for investment in such securities as may be provided by law.

SEC. 3. Any treasurer who shall fail to make the reports above provided, or who shall divert said fund or apply said fund for any other purpose than as above permitted, shall be subject to a penalty of not less than $500 nor more than $1000, to be recovered by the State, and in addition thereto shall be liable for the amount of such fund so diverted and it shall be the duty of the Comptroller of Public Accounts. whenever the reports of any treasurer shows that he has diverted said funds, or when he shall fail to make such reports, to notify the Attorney-General of the State, or the district attorney of the district in which such treasurer resides, or county attorney in counties in which there is no district attorney provided for by law, of the fact, who shall thereupon institute suit against such treasurer and his official bondsmen for the amount of such penalty and of said fund so diverted, and the amount of such penalty so recovered shall be paid into the State treasury and the amount of the diverted fund so recovered shall be paid into the county or city treasury to the credit of the fund from which it was so diverted.

SEC. 4. The importance of preserving the sinking funds and the great number of bills on the calendars of the Senate and House create an emergency and a public necessity exists that the constitutional rule requiring bills to be read on three several days be suspended, and it is so enacted. Approved March 15, 1899.

Takes effect 90 days after adjournment.

FORTY-SIXTH JUDICIAL DISTRICT.

H. B. No. 146.]

CHAPTER XXXVI.

An Act to fix the time for holding the courts in the Forty-sixth Judicial District, and to repeal all laws in conflict therewith.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the district court shall be held in the counties composing the Fortysixth Judicial District each year as follows:

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

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

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

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

In the county of Childress, on the eleventh Mondays after the first Mondays in February and September, and may continue in session two weeks. In the county of Hall, on the thirteenth Mondays after the first Mondays in February and September, and may continue in session two weeks, or until all the business is disposed of.

SEC. 2. That all process issued or served before this act goes into effect, returnable to the district court in said judicial district, shall be returnable to said court as fixed by the terms of this act; and said process is hereby legalized and validated, and all grand and petit jorors 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. court shall bind the parties therein obligated to appear at the next term of such court held under this act.

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

SEC. 4. The fact that one week is not sufficient time for transacting the business of the district courts of Foard and Collingsworth counties, creates 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 98, nays 0; and passed the Senate by a two-thirds vote, yeas 25, nays 0.]

Approved March 15, 1899.

Became effective March 15, 1899.

TO AMEND ARTICLE 3953, REVISED STATUTES, RELATING TO ELECTION OF SCHOOL TRUSTEES.

An Act to amend Article 3953, Chapter 11, Title 86, of the Revised Civil Statutes of Texas, and to repeal all laws and parts of laws in conflict therewith, relating to the election of school trustees.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 3953, Chapter 11, Title 86, be amended so as to hereafter read as follows:

Article 3953. On the first Saturday in April after the passage of this