that this Act take effect and be in force from and after its passage, and it is so enacted.

Approved April 23, 1907.

Takes effect ninety days after adjournment.

OFFICERS RELATING TO FEES COLLECTED NOT AUTHORIZED BY LAW.

An Act to amend Article 256, Chapter 6, of the Penal Code, relating to extortion and to add Article 256a, making it a misdemeanor punishable with a fine of not less than twenty-five nor more than two hundred and fifty dollars, for any officer, or other person authorized by law, to demand or receive fees of office, to wilfully make out his account for fees in excess of those allowed by law, to present or file such account with the proper officer with whom the law requires the same to be presented or filed.

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

SECTION 1. That Article 256, Chapter 6, of the Penal Code be so amended as to read as follows:

Article 256. If any officer or person authorized by law to demand or receive fees of office, shall wilfully collect any fee or fees due him by law in excess of the fee or fees allowed by law for such service or for fees not allowed by law, he shall be punished by imprisonment int the State Penitentiary not less than two or more than five years for each offense.

SEC. 2. Article 256 A. If any officer or other person authorized by law to demand or receive fees of office, shall wilfully make out his account for fees in excess of those allowed by law, or for fees not allowed by law, and shall present or file such account with the proper officer with whom the law requires the same to be presented or filed, he shall be punished by a fine of not less than twenty-five or more than two hundred and fifty dollars for each offense.

SEC. 3. The importance of making certain a prosecution for punishing all who violate the provisions of this act and the further fact that the present session of this Legislature is near to a close that a delay in passing this act might prevent its passage, creates an emergency and imperative public necessity requiring the suspension of the constitutional rule requiring bills to be read on three several days and said rule is hereby suspended, and this act shall take effect from and after its passage, and it is so enacted.

Approved April 23, 1907.

Takes effect ninety days after adjournment.

ACKNOWLEDGMENTS-INSTRUMENTS

WITH DEFECTIVE

ACKNOWLEDGMENTS ADMISSIBLE IN EVIDENCE.

S. B. No. 215.]

CHAPTER CLXV.

An Act to amend Article 2312, relating to evidence as set forth in An Act to adopt and establish the Revised Civil Statutes of the State of Texas, passed at the Regular Session of the Twenty-fourth Legislature of Texas.

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

SECTION 1. That Article 2312 of the Revised Civil Statutes of the State of Texas, be and the same is hereby amended so as hereafter to read as follows, to-wit:

Article 2312. Every instrument of writing which is permitted or required by law to be recorded in the office of the clerk of the county. court, and which has been, or hereafter, may be so recorded, after being proved or acknowledged in the manner provided by the laws of this State in force at the time of its registration, or at the time it was proved or acknowledged, or every instrument which has been or hereafter may be actuci y recorded for a period of ten years in the book used by said clerk for the recording of such instruments, whether proved or acknowledged in such manner or not, shall be admitted as evidence in any suit in this State without the necessity of proving its execution; provided no claim adverse or inconsistent to the one evidenced by such instrument shall have been asserted during that ten cars; provided, that the party to give such instrument in evidence. shall file the same among the papers of the suit in which he proposes to use it, at least three days before the commencement of the trial of such suit, and give notice of such filing to the opposite party, or his attorney of record; and unless such opposite party, or some other person for him, shall, within three days before the trial of the cause, file an affidavit stating that he believes such instrument of writing to be forged. And whenever any party to a suit shall file among the papers of the cause an affidavit stating that any instrument of writing, recorded as aforesaid, has been lost, or that he can not procure the original, a certified copy of the record of any such instrument shall be admitted in evidence in like manner as the original could be. And after such instrument shall have been actually recorded as herein provided for a period of ten years, it shall be no objection to the admission of same, or a certified copy thereof, as evidence, that the certificate of the officer, who took such proof or acknowledgment, is not in form or substance such as required by the laws of this State, and said instrument shall be given the same effect as if it were not so defective.

SEC. 2. That the fact that there are no adequate laws to relieve persons whose titles to their lands have been clouded by insufficient acknowledgments and proofs taken and made by ignorant and incompetent officers, creates an imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and an emergency exists that this act take effect and be in force from and after its passage, and it is so enacted.

Approved April 23, 1907.

Takes effect ninety days after adjournment.

CORPORATIONS PRESCRIBING TERMS ON WHICH THEY MAY BE CHARTERED.

An Act on the subject of private corporations, prescribing the terms and conditions on which they may be chartered, and providing the amount of capital stock to be paid in, and when the remainder shall be paid; also prescribing the method by which the capital stock of private corporations may be increased and decreased; also providing for the dissolution of corporations, and the procedure incident thereto; also forbidding any such corporation to use its assets, property, stock, means or funds in the interest or for the success of any political party or candidate for office, or for the defeat or success of any questions submitted to a vote of the people, or for any purpose other than to accomplish the legitimate objects of its creation.

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

SECTION 1. The stockholders of all private corporations created for profit with an authorized capital stock under the provisions of Chapter 2, Title 21, Revised Statutes of the State, shall be required in good faith to subscribe the full amount of its authorized capital stock, and to pay fifty per cent thereof before said corporation shall be chartered; and whenever the stockholders of any such company shall furnish satisfactory evidence to the Secretary of State that the full amount of the authorized capital stock has in good faith been subscribed, and fifty per cent thereof, paid in cash, or its equivalent in other property or labor done, the product of which shall be to the company of the actual value at which it was taken, or property actually received, it shall be the duty of said officer, on payment of office fees and franchise tax due, to receive, file and record the charter of such Company in his office, and to give his certificate showing the record thereof. Satisfactory evidence above mentioned shall consist of the affidavit of those who executed the charter stating therein (1) the name, residence and post office address of each subscriber to the capital stock of such company; (2) the amount subscribed by each and the amount paid by each; (3) the cash value of any property received, giving its description, location, and from whom and the price at which it was received; (4) the amount, character and value of labor done, from whom and price at which it was received; provided, that if the Secretary of State is not satisfied he may, at the expense of the incorporators, require other and more satisfactory evidence before he shall be required to receive, file and record said Charter; and provided further, that corporations created under Sections 21, 29, 37, 53, 54 and 61, of Article 642, Revised Statutes of this State, are exempt from the provisions of this Section; and provided further, that the provisions of this Act shall not apply to corporations formed for the construction, purchase and maintenance of mills and gins having a capital stock of not exceeding $15,000.00 nor to mutual building and loan associations; nor to water works, ice plants, electric light plants and cotton warehouses in cities of less than 10,000 inhabitants.

SEC. 2. The stockholders of all corporations chartered as provided. in Section 1 of this Act shall, within two years from the date of the filing of such charter by the Secretary of State, pay in the unpaid

portion of the capital stock of such company; proof of which shall within said time be made to the Secretary of State in the manner provided in Section 1 for the filing of charter; and in case of the failure to pay the same and to make proof thereof to the Secretary of State within two years from the date of the filing of the Charter shall because thereof forfeit the charter of said company, which for feiture shall be consummated without judicial ascertainment, by the Secretary of State entering upon the margin of the ledger kept in his office relating to such corporations the word "forfeited," giving the date and reason therefor.

The Secretary of State shall notify such corporation, by mailing to the post office named as its principal place of business, or to any other place of business of such corporation, addressed in its corporate name, a written or printed statement of the date and fact of such forfeiture; a record of the date and fact of such notice must be kept by such officer; provided, that the stockholders of any such corporation whose charter has been forfeited as above provided who shall within six months from the date of such forfeiture, and not thereafter, pay in full the unpaid capital stock of such company and furnish to the Secretary of State proof of such fact as required herein, and in addition shall pay the Secretary of State as fees belonging to his office the sum of five ($5) dollars per month for each month and fractional part thereof between the date of forfeiture and settlement, the company shall be relieved from such forfeiture, and said officer shall write on the margin of said ledger the word "Revived," giving the date thereof; if the stockholders should fail to cause the charter powers of said corporation to be revived, as just provided, then and in such event the affairs of such company shall be administered and wound up as on dissolution; provided, however, the stockholders of any such company shall have the right, at any time within the two years given to make payment of the unpaid portion of the capital stock, to reduce the same so that by reduction or reduction and payment the full amount of the capital stock authorized by such reduction shall be paid, and thus avoid a forfeiture of the charter, but no creditor of said company shall in any wise be prejudiced by such reduction of its capital stock in any claim or cause of action, such creditor may have against such company or any stockholder or officer thereof.

SEC. 3. A corporation may increase its authorized capital by a twothirds vote of all its stock; and when such vote is given in favor of the increase the same may be done by the Board of Directors, Trustees or Managing Board of such corporation; and upon such increase of stock being made in accordance with the above provisions, and certified to the Secretary of State by the Directors, together with satisfactory proof, which shall be the affidavit of the directors, showing that the full amount of the increase has been in good faith subscribed, and fifty per cent thereof paid, and in other respects conforming to the proof required as on original application for charter; or showing that such portion thereof has been subscribed or subscribed and paid, as is required for the corporation, thus increasing its stock; and if the Secretary of State is satisfied that the increase of stock has been made in accordance with law, and that the requirements of law have

been complied with as to the subscription and payment of stock and in other respects as on an original application for charter, he shall file such certificate of increase, and thereupon the same shall become a part of the capital stock of such corporation and in case of the failure by the stockholders to pay the unpaid portion of the increase within two years from the date of the filing of such certificate of increase in the office of the Secretary of State, the charter of such company shall be forfeited, and the provisions of Section 2 of this Act shall govern same as in case of an original creation of a corporation; provided, that a corporation may decrease its capital stock by such amount as its stockholders may decide by a two-thirds vote of all its outstanding stock, in like manner as is required for an increase as above provided, but no such decrease shall prejudice the rights of any creditor of such corporation in any claim or cause of action such creditor may have against the company or any stockholder or director thereof; nor shall such decrease become effective until full proof is made by the affidavit of the directors to the Secretary of State of the financial condition of such corporation, giving therein all its assets and liabilities, with names and post office address of all creditors and amount due each, and the Secretary of State may require as a condition. precedent to the filing of such certificate of decrease that the debts of such corporation be paid or reduced.

SEC. 4. A corporation is dissolved:

(1) By expiration of the time limited in its charter.

(2) By a judgment of dissolution rendered by a Court of competent jurisdiction.

(3) Where four-fifths in interest of all the stock outstanding shall vote in favor of a dissolution at a stockholders' meeting called for that purpose on notice signed by a majority of the directors, stating time, place and object of the meeting, served personally, or by mail at least thirty days next before the meeting. If at said meeting four-fifths in interest of all the stockholders of said company shall signify their consent in writing to the dissolution of the corporation, such consent in writing, together with a list of the directors and officers of the company, giving pcst office address and place of residence of each, certified by the President and the Secretary and treasurer as true and correct action of the stockholders, shall be filed with the Secretary of State; or when, without a stockholders' meeting, all the stockholders of the corporation consent in writing to a dissolution the same shall be certified to as above and filed with the Secretary of State. When any such certificate as above mentioned is filed with the Secretary of State, he shall issue a certificate that such consent has been filed and that the corporation is dissolved, and said officer shall so note on the ledger in his office.

(4) A corporation is dissolved whenever under any special provision of law its Charter is forfeited without judicial ascertainment.

(5) Where a corporation created under Title 21, or a general law of this State shall fail to commence active operations within three years after filing its Charter with the Secretary of State, its Charter is hereby forfeited and it is dissolved.