CORPORATIONS-PERMITTING ORGANIZATION FOR

S. B. No. 160.]

BOARDS OF TRADE, ETC.

CHAPTER XLIII.

An Act to amend Article 642, of the Revised Civil Statutes, and to add thereto Section 57, regarding the purposes for which private corporations may be created, so as to authorize the organization of cotton exchanges, chambers of commerce, and boards of trade.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 642, of the Revised Statutes of the State of Texas, be amended by adding thereto Section 57, to hereafter read as follows:

Section 57. For the organization of cotton exchanges, chambers of commerce and boards of trade, with power to provide and maintain suitable rooms for the conduct of their business, and to establish and maintain uniformity in the commercial usages of cities and towns, to acquire, preserve and disseminate valuable business information, and to adopt rules, regulations and standards of classification which shall govern all transactions connected with the cotton trade and with other commodities where standards and classification are required, and generally to promote the interest of trade and increase the facilities of commercial transactions.

SEC. 2. Whereas, cotton exchanges, chambers of commerce and boards of trade have proven to be most beneficial agencies in the regulation and promotion of trade and commerce and in cheapening and expediting the handling of commercial products, and, whereas, there is no statute authorizing the incorporation of such bodies, therefore an urgent necessity and imperative emergency exists authorizing the suspension of the constitutional rule requiring bills to be read on three several days, and that this bill 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, yeas 17, nays 7; and passed the House of Representatives, no vote given.]

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

Takes effect 90 days after adjournment.

ROBERTSON COUNTY-ROAD SYSTEM.

H. B. No. 338.]

CHAPTER XLIV.

An Act to create a more efficient road system for Robertson county, Texas, and making county commissioners of said county ex-officio road commissioners, and prescribing their duties as such, and providing for their compensation as road commissioners, and providing for the appointment of deputy road commissioners, and defining the powers and duties of such county commissioners, and providing for the appointment of road overseers, and defining their duties, and for the working of county convicts upon the public roads of said county, and providing for officers' fees and rewards for the capture of escaped convicts, and to provide for the manner of training hedges along any public road, and to provide for the summoning of teams for road work, and for an allowance of time of road service for same, and fixing a penalty for the violation of this act, and repeal all laws in conflict with this act.

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

Each of said commissioners shall, before entering upon the duties of his office, in addition to his regular bond as such county 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 by the commissioners' court, and that they will account for all money 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 commissioners in this section; and such deputy road commissioner shall be entitled to the same compensation that is allowed county commissioners for the same service; provided, that county commissioners shall not be allowed any compensation as road commissioner when a road commissioner has been appointed.

SEC. 2. The commissioners' court of said county shall have full power and authority, and it shall be its duty, to adopt such system for working, laying out, draining and repairing the public roads in said county as it may deem best, and from time to time said court may change its plan 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 the 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 said court may determine for bids to do such work, and the contract shall be awarded to the lowest responsible bidder, who shall enter

into bond, payable to the county judge of said county, for the use 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.

At the time of making such contract the court shall direct the county treasurer to pass the amount to a particular fund for that purpose, and the treasurer shall keep a separate account of such funds, and the same shall not be used for any other purpose, and can only be paid out on the order of said court; and the said court shall have authority to employ any hands or teams to work on the road, under such regulations and for such price as they may deem best.

SEC. 3. The commissioners' court of said county, should they deem it necessary, shall require all county convicts to labor upon the public roads, under such regulations as they may prescribe, and each convict so worked shall receive a credit of fifty cents on his fine first, and then on the cost, for each day he may labor.

Such commissioners' court may provide such reasonable regulations and punishment as may be necessary to require such convicts to perform good work; and may provide a reward not exceeding ten dollars, to be paid out of the road and bridge fund for the recapture and delivery of any escaped convict, to be paid to any person other than the guard or person in charge of such convict at the time of his escape, which reward shall be taxed against such convict and worked out or paid by him as a part of the cost.

The commissioners' court may grant a reasonable commutation of time for which a convict is committed, as a reward for the faithful service and good behavior, in no case to exceed one-tenth of the whole time.

Said court may provide the necessary houses, prisons, clothing, bedding, food, medicine, medical attention and guards for the safe and humane keeping of convicts.

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 convicts as it may deem best; provided, that it shall not allow to any officer an amount greater than the following: County attorney, $5.00, including commissions; county clerks and justices of the peace, including commissions, $1.70; sheriffs or constables, $5.00; which amount shall be paid to the officers out of the road and bridge fund, upon the order of said court, when said fine and costs have been worked out as provided in this section; provided, that this shall not be construed as to relieve any convict from the payment of all cost for which he would be liable under the General Laws of this State.

SEC. 4. Each county commissioner shall have control of all road overseers in his district, and shall deliver to each of them all teams, tools and machinery necessary in working the roads in the district of said overseer so far as he has been supplied therewith by the commissioners' court, taking receipt of said overseer therefor, specifying each item and giving its value, which receipt shall be a full answer of the liability of the commissioner and shall fix the liability of the overseer, and any commissioner or overseer who shall have been entrusted with any teams, tools or machinery belonging to said county shall be liable for any damages that may occur to the same while in his possession caused by his negligence or want of

due care of same, and shall not use or permit the same to be used for private purposes, without the consent of the commissioners' court.

It shall be the duty of the road overseer, when he has finished work on his roads, to return to said commissioner all teams, tools and machinery received from him and take up the receipt given therefor.

SEC. 5. It shall be the duty of the county commissioner when acting as road commissioner to inform himself of the condition of the public roads of his district and 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 direction 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 numbers as may be sufficient to perform the work, but no road hand shall be required to work exceeding five days in any one year, or two days with himself and team, unless the term of service as prescribed by the general laws shall be extended beyond that time; provided, that all road hands in any particular district. shall, as far as practicable, be worked a uniform time.

Each road overseer, or in case of his absence any person deputized by him, shall have full control of all road hands within his road district, and 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.

The commissioners' court may allow any overseer who shall be engaged in the discharge of the duties of office for more than five days during any one year, a compensation not to exceed one dollars and fifty cents per day for the time so served.

SEC. 7. Any citizen of Robertson county liable for road duty who shall on or before the first day of January of each 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 January.

The treasurer shall receive and receipt for all money so paid him and place the same to the credit of the road and bridge fund, and shall keep a separate account for each road district from which it is received.

The treasurer shall, on the third day of January, or as soon thereafter as practicable, furnish to each county commissioner a list of all persons in their respective districts that have paid said sum as provided in this section.

SEC. 8. Every person liable to work on roads by paying to his road. overseer, at any time before the day appointed to work on his road, the sum of one dollar for each day that he is summoned to work, one dollar and fifty cents for each day that he is summoned to furnish his team for road work, shall be exempt from working or furnishing his team for each day paid for, and also exempt from any penalties for failure to work or furnish such teams for the time for which he had so paid.

SEC. 9. Each person summoned to work on a road shall take with him an axe, hoe, pick, spade, plow, scraper, or such other tool as may be desired and directed by the overseer, or if he has no such tools as are desired and directed by the overseer to take with him, he shall take such other suitable tool as he may have; provided, the county shall be liable for

and the commissioners' court, under such regulations as they may prescribe, shall pay for all such breakage or damage to such tools as may have resulted from public road work and not caused by the negligence of the person furnishing the same.

Such overseer may also summon and require such road hand to bring with him, for public road work, such team or teams as he may have on hand suitable for road work; provided, such hand shall be allowed two and one-half days time for each day put in by a hand with his team, and one and one-half days time for his team without such hand.

SEC. 10. If any person liable to work upon the public road, after being legally summoned, shall intentionally fail or refuse to attend, either in person or by able and competent substitute, or fail or refuse to furnish his team or tools at the time and place designated by the person summoning him, or to pay such overseer the sum of one dollar for each day he may have been notified to work on the road, or to pay to such overseer the sum of one dollar and fifty cents for each day he may have been notified to furnish his team for road work; or, having attended, shall fail to perform good service or any other duty required of him by law, or the person under whom he may work, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding ten dollars. SEC. 11. At the regular term of the commissioners' court in November of each year, all road overseers shall make their reports, under oath, upon form to be furnished them by said court, which said report shall be examined by said court; and all accounts for services or labor performed for overwork by such overseer during the past year, and of moneys had and expended by him, shall be audited and settled; and as soon thereafter as practicable said commissioners' court shall appoint and commission road overseers for the succeeding years.

Any overseer intentionally failing to perform his duties as such overseer, or failing or refusing to make his report as required by law, or failing or refusing to serve and perform the duties of overseer when appointed by said court, or to perform any other duty required of him by law or by the commissioners' court, or by the commissioner of his district, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not to exceed twenty-five dollars.

SEC. 12. Whenever it shall be necessary to occupy any land for opening, widening, straightening or draining any road or part thereof, if the owner of such land and the county commissioners' court cannot agree upon the damage to be paid, the county may proceed to condemn the same. in the same manner that a railroad 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 if the proceedings were by a railroad company, except that the county shall in no case be required to give bond.

SEC. 13. Every owner of a farm or other land upon which a hedge of any description grows on or near the public road, shall be required to keep the same trimmed so that the same shall not obstruct said road; and any such owner who shall fail or neglect to so trim such hedge shall be notified in writing by the road overseer of that district to trim such hedge as herein required, and in such case, if such owner shall, after receiving such notice, fail or refuse to trim such hedge within a reasonable time, he shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding twenty dollars per week from and after the time