to sue thereon shall ever be valid unless such stipulation is reasonable, and any such stipulation fixing the time within which such notice. shall be given at a less period than ninety days shall be void, and when any such notice is required, the same may be given to the nearest or to any other convenient local agent of the company requiring the same; provided, that no stipulation in any contract between a person, corporation or receiver operating railroad or street railway or interurban railroad and an employe or servant requiring notice of a claim by an employe or servant for damages for injury received to the person, or by a husband, wife, father, mother, child or children of a deceased employe for his or her death, caused by negligence as a condition precedent to liability, shall ever be valid. In any suit brought under this and the preceding article it shall be presumed that notice has been. given, unless the want of notice is especially pleaded under oath.

SEC. 2. The great necessity for this law, and the near approach of the close of the session, creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule, which requires bills to be read on three several days in each house, said rule being so suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved April 18, 1907.

Takes effect ninety days after adjournment.

PUBLIC FREE SCHOOLS-RELATING TO TRANSFER OF

H. B. No. 723.]

FUNDS.

CHAPTER CXXX.

An Act to amend Chapter 124 of the General Laws of the Twenty-ninth Legislature of the State of Texas, providing for complete system of public free schools in Texas, by adding thereto Section 91a.

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

SECTION 1. That the above entitled Act of the 29th Legislature of the State of Texas, be amended so as to add Section 91a thereto :

Section 91a. Any child specified in the preceding section, and its portion of the school fund may be transferred to an adjacent district in another county, in the same manner as is provided in said section for the transfer of such child or children from one district to another in the same county; provided, that it must be shown to the county superintendent, that the school in the district in which such child or children resides on account of distance or some uncontrollable and dangerous obstacle, is inaccessible to such child or children.

Owing to the lateness of the session of the Legislature and the crowded condition of the calendar, and there being no law to authorize the transfer of school children as provided in this act, creates an emergency and an imperative public necessity for the constitutional rule requiring bills to be read on three several days be suspended, and

said rule is hereby suspended, and this act shall take effect from and after its passage, and it is so enacted.

Approved April 18, 1907.

Takes effect ninety days after adjournment.

FEED STUFFS-DEFINING AND REGULATING SALE OF.

H. B. No. 399.]

CHAPTER CXXXI.

An Act to amend Sections. 1, 4, 5, 6 and 11 of Chapter 108, Acts of the Twentyninth Legislature, being an act entitled "An Act regulating the sale of concentrated commercial feeding stuffs and the materials from which they are manufactured, denning concentrated feeding stuffs, prohibiting their adulteration, providing for their correct weighing and marking, and providing for the collection of samples, the expenses of the enforcement of the law, and fixing penalties for its violation," and to add thereto Section 11a, empowering the director of the Experiment Station to adopt standards and definitions for concentrated feeding stuffs, and to refuse the registration of feeding stuff under certain circumstances, and to cancel registration under certain circumstances after notice, and to empower said director to adopt rules and regulations for the enforcement of all of the provisions of the act.

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

SECTION 1. That Sections 1, 4, 5, 6 and 11, of Chapter 108, Acts of the Twenty-ninth Legislature, entitled "An Act regulating the sale of concentrated commercial feeding stuffs and the materials from which they are manufactured, defining concentrated feeding stuffs, prohibiting their adulteration, providing for their correct weighing and marking, and providing for the collection of samples, the expenses of the enforcement of the law, and fixing penalties for its violation," be so amended as to hereafter read as follows, and that Section 11a, empowering the Director of the Experiment Station to adopt standards and definitions for concentrated feeding stuffs and to refuse the registration of feeding stuffs under certain circumstances, and to cancel registration under certain circumstances after notice, and to empower said Director to adopt rules and regulations for the enforcement of all the provisions of this act, be enacted so as to read as follows:

Section 1. Every lot or parcel of concentrated feeding stuffs as defined in Section 3 of this act, used for feeding farm live stock, sold, offered, or exposed for sale in the State of Texas for use within this State, shall have printed on a tag described in Section 5 of this act, a plainly printed statement clearly and truly certifying the number of net pounds of feeding stuff in the package, stating the name or names of material of which such weight is composed, where the contents are of a mixed nature, the name, brand, or trade mark under which the article is sold, the name and address of the manufacturer or importer, the place of manufacture, such information as is required by Section 11, if any, and a chemical analysis stating the minimum percentages it contains of crude protein, allowing one per cent of nitrogen to equal 61 per cent of protein, of crude fat, of nitrogen-free extract, and the maximum percentage it contains of crude fiber; these constituents to be determined by the methods adopted at the time by the Association of Official Agri

cultural Chemists of the United States. Mill products hereinafter mentioned shall have the following standard weights, viz.: Flour, 196 pounds per barrel, or forty-eight pounds per sack; corn meal, bolted or unbolted, thirty-five pounds per sack; rice bran, 143 pounds per sack; rice polish, 200 pounds per sack; and other feeds made from cereals of any kind, whether pure, mixed or adulterated, one hundred pounds per sack. Fractional barrels and sacks shall weigh in the same proportion, and those weights shall be net and exclusive of the barrel or sack in which said product is packed. And any person, firm, or association of persons engaged in the manufacture of mill products of any character whatsoever who shall use any bag, box, barrel, or any other receptacle into which to put such product other than the one bearing the name of such mill manufacturing the same, shall be guilty of a misdemeanor, and upon conviction therefor shall be fined in any sum from one hundred dollars to one thousand dollars, or in addition thereto be confined in the county jail for a term of thirty days, or both such fine and imprisonment.

Section 4. Before any concentrated feeding stuff, as defined in Section 3 of this act, is so offered or exposed for sale, the importer, manufacturer and party who causes it to be sold or offered for sale within the State of Texas for use within this State, shall for each and every feed stuff bearing a distinguishing name and trade mark, file with the Director of the Texas Agricultural and Experiment Station a certified copy of the statement named in Section one of this act, and shall also deposit with said Director a sealed glass jar or bottle containing not less than one pound of the feeding stuff to be sold or offered for sale, accompanied by an affidavit that it is a fair average sample thereof, and corresponds within reasonable limits to the feeding stuff which it represents in the percentage of protein, fat and crude fiber, and nitrogen-free extract which it contains. This shall not be construed to apply to farmers who grind their own feed stuff, and who do not adulterate same.

Section 5. The manufacturer, importer, agent or seller of each concentrated commercial feeding stuff as defined in Section 3 of this act, shall, before the article is offered for sale, pay to the Director of the Texas Agricultural Experiment Station an inspection tax of 10 cents. per ton for each ton of such concentrated feeding stuff sold or offered for sale in the State of Texas for use within this State, and shall affix to each lot shipped in bulk, and to each bag, barrel or other package of such concentrated feeding stuffs a tag to be furnished by said Director, stating that all charges specified in said section have been paid. The Director of said Texas Agricultural Experiment Station is hereby empowered to prescribe the form of such tags, and adopt such regulations as may be necessary for the enforcement of this law. Whenever the manufacturer or importer or shipper of a concentrated feeding stuff shall have filed a statement made in Section 1 of this act, and have paid the inspection tax, no agent or seller of said manufacturer, inspector or shipper shall be required to file such statement or pay such tax. The amount of the inspection tax and penalties received by said Director shall be paid into the State Treasury. So much of the inspection tax and penalties collected under this act shall be paid by the State Treasurer to the Treasurer of the Texas Agricultural and Mechanical College

as the Director of the Texas Agricultural Experiment Station may show by his bills has been expended in performing the duties required by this act, but in no case to exceed the amount of the inspection tax and penalties received by the State Treasurer under this act. Provided, the excess, if any, for the next two years may be used as it accrues, by the Board of Directors of the A. and M. College for the purpose of putting up a station administration building, to provide the necessary offices and laboratory space, in order that the purposes of this act may be carried out.

Section 6. Any manufacturer, importer or agent selling, offering or exposing for sale any concentrated commercial feeding stuff, as defined in Section 3 of this act without the statement required by Section 1, and the tax tag required by Section 5 of this act, or with a label stating that said feeding stuff contains substantially a larger percentage of protein, fat or nitrogen-free extract or a smaller quantity of crude fiber than is contained therein, and any person violating any other provision of this act shall on conviction in a court of competent jurisdiction be fined not less than one hundred dollars nor more than five hundred dollars for the first conviction and not less than five hundred nor more than one thousand dollars for each subsequent conviction.

Section 11. Any person manufacturing, selling or offering for sale any adulterated feeding stuff within this State, shall upon conviction therefor, be punished by a fine of not less than twenty-five dollars and not more than two hundred dollars or be imprisoned in the county jail. for a term of not less than thirty days and not more than sixty days, or by both such fine and imprisonment. For the purpose of this act a feeding stuff shall be deemed to be adulterated if it contains any sawdust, dirt, damaged feed, or any foreign matter whatever, or if it is in any respect not what it is represented to be, or if any rice hulls or chaff, peanut shells, corncobs, oat hulls, or other similar substances of little or no feeding value are admixed therewith; provided, that no wholesome. mixture of feeding stuffs shall be deemed to be adulterated if the true percentage of constituents thereof is plainly and clearly stated on the package and made known to the purchaser at the time of the sale. It shall be the duty of the Director of the Experiment Station to examine or have examined for adulteration all suspicious samples of feeding stuffs, and such other samples as may be desirable.

Section 11a. The Director of the Experiment Station is hereby empowered to adopt standards or definitions for concentrated feeding stuffs, and such regulations as may be necessary for the enforcement of the law. The said Director shall have the power to refuse the registration of any feeding stuff, under a name which would be misleading as to the material of which it is made up or which does not conform to the standards or definitions aforesaid. Should any of said materials be registered and it is afterwards discovered that they are in violation of the above provisions, the said Director shall have the power to cancel the registration ten days after notice. The Director of the Texas Experiment Station is hereby empowered to adopt such regulations as may be necessary for the enforcement of all the provisions of this act.

SEC. 2. The fact that the present feed stuff law imposes a greater tax than is necessary for the enforcement of the provisions thereof, and is indefinite and uncertain in some of its provisions, creates an emer

gency 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.

Approved April 18, 1907.

Takes effect ninety days after adjournment.

DISORDERLY HOUSES-DEFINING SAME.

H. B. No. 10.]

CHAPTER CXXXII.

An Act to amend Article 359, Chapter 4, Title X, of the Penal Code of the State of Texas, defining what constitutes a bawdy house and a disorderly house, so as to include any assignation house and any house in which spirituous, vinous or malt liquors are sold or kept for sale without having first obtained a license under the laws of the State to retail such liquors; also adding Article 359a, defining the offense of procurer and providing the punishment therefor; also to amend Articles 361 and 362, Chapter 4, Title X, of the Penal Code of Texas, stating who shall be guilty of the offense of keeping, being concerned in keeping or permitting to be kept, a bawdy house and a disorderly house, and prescribing the punishment therefor; also by adding Articles 362a and 362b, to prevent, by means of the writ of injunction at the suit of the State or any citizen thereof, the habitual, actual, contemplated or threatened use of any premises, place, building or part thereof, for the purpose of keeping, or being in any manner interested or responsible for the keeping of a bawdy house or disorderly house, and providing suitable fines and imprisonment for the violation of this act.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Articles 359, 361 and 362, Chapter 4, Title X, of the Penal Code of the State of Texas be, and the same are hereby amended so as to read hereafter as follows; and that Articles 359a, 362a and 362b be added as a part of said chapter and title, to read as follows:

Article 359. A bawdy house is one kept for prostitution or where prostitutes are permitted to resort or reside for the purpose of plying their vocation. A disorderly house is any assignation house or any theater, playhouse or house where spirituous, vinous or malt liquors are kept for sale, and prostitutes, lewd women, or women of bad reputation for chastity are employed, kept in service, or permitted to display or conduct themselves in a lewd, lascivious or indecent manner, or to which persons resort for the purpose of smoking or in any manner using opium, or any house in which spirituous, vinous or malt liquors are sold or kept for sale without first having obtained a license under the laws of this State to retail such liquors.

An assignation house is a house, room or place where men and women meet by mutual appointment, or by appointment made by another for the purpose of sexual intercourse, whether at such place vinous, spirituous or malt liquors are kept for sale or are used or not.

Article 359a. It shall be unlawful for any person to invite, solicit, procure, allure or use any means for the purpose of alluring or procuring any female to visit and be at any particular house, room or place for the purpose of meeting and having unlawful sexual intercourse with any male person, or to take part, or in any way participate in any immoral conduct with men or women, or to use at such place