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tached to Oldham county. [Act of July 13, 1883.]

(14) The county of Encinal is attached to Webb county. [Act of March 24, 1885.]

"(15) The counties of Foley and Buchel are attached to Brewster county. [Act of March 27, 1889.]

(16) The counties of Garza and Kent are attached to Scurry county. [Act of April 1, 1887.]

(17) The couuties of Irion and Sterling are attached to Tom Green county. (18) The county of Jeff Davis is attached to Presidio county.

out of the first line the words "after compilation of said abstract.”

72. Amend article 4217 by striking out the word "abstract" from the second line, and inserting "supplementary abstracts" in lieu thereof.

73. Amend title 88 by inserting next after article 4223 another article (4223a) as follows:

"Article 4223a

(3993). No contract with the public printer shall be made for the publication of executive proclamations, advertisements, and other like documents; but the maximum price for such work shall be one dollar per square "(19) The county of King is attached of one hundred words for the first pubto Knox county. [Act of April 1, 1887.] | lication, and fifty cents per square for 62. Amend article 4092 by adding after the word "words" as follows: "and the State shall be entitled to ten cents per hundred words."

63. Amend chapter 5 of title 87 by striking out therefrom articles 4106, 4107, 4108, 4109, 4110, 4111, 4112, 4113, 4114, 4115, 4116, 4117 and 4128, and inserting in lieu thereof article 4106 as follows:

"Article 4106. All laws and parts of laws granting lands or land certificates to any person, firm, corporation or company for the construction of railroads, canals, and ditches, are repealed."

64. Amend chapter 7 of title 87 by omitting article 4143 and article 4157. 65. Amend chapter 8, title 87, by omitting article 4164.

66. Amend article 4195 by striking

out from the first line the words "six months," and inserting in lieu thereof "sixty days."

67. Amend chapter 9, title 87, by omitting article 4188.

68. Amend chapter 10, title 87, by omitting articles 4197 and 4198, and substituting in lieu thereof the following as and for said articles:

"Article 4198. All reservations of the public domain for the benefit of any railroad or railroad company heretofore made by law and the right to which reservation has lapsed since January 1, 1872, or may hereafter lapse, are hereby declared then to have been severed from the mass of the public domain; and in the event of forfeiture to the State are expressly reserved from location, except by actual settlers under chapter 8, title 87, Revised Civil Statutes."

69. Amend article 4201 by striking out of line 9 the words "under the provisions of this title," and inserting in lieu thereof the words "under the homestead donation law."

70. Amend chapter 12, title 87, by omitting articles 4209, 4210, 4212, 4213 and 4214.

71. Amend article 4215 by striking

each subsequent publication that may be ordered, and fractional parts of a square at proportionate rates, and each square shall contain not less than one hundred words."

74. Amend article 4225 by striking out from the beginning of line 13 the figures 82.70. and inserting in lieu thereof "$7.20."

75. Amend article 4232 by striking out 3994" in the fourth line, and inserting in lieu thereof "4223."

76. Also, strike out "3997," occurring twice in said article, and insert in lieù thereof, each time, "4225.”

77. Amend chapter 2, title 89, by striking out article 4273.

of the twenty-first line the word that.” 78. Amend article 4291 by striking out and inserting in lieu thereof the word

"the."

79. Amend chapter 3, title 89, by omitting article 4305.

after the words "terms of," in the see80. Amend article 4306 by inserting ond line, the words "not exceeding."

81. Amend title 90 by striking out article 4313.

82. Amend article 4318 by striking out of the fourth line the words "the preceding," and inserting in lieu threof subdivision 7 of the succeeding."

83. Amend by striking out articles 4455 and 4456, and inserting in lieu of both articles article 4455, as follows:

"Article 4455 (4190). When the property in controversy belongs to a nonresident of this State, or to an unknown person, or to a person whose residence is unknown, or who secretes himself so that the process of law can not be served upon him, such notice may be served upon such owner by publication in the same manner as is provided for service of citation in article 1235 of the Revised Civil Statutes."

84. Amend chapter 9, title 94, by striking out article 4480, and inserting in lieu thereof article 4480, as follows:

"Article 4480 (4213, 4277). All lands

HOUSE JOURNAL.

acquired by railroad companies under the provisions of this chapter or any general laws, shall be alienated by said companies. one-half in six years and onehalf in twelve years from the issuance of patents to the same, and all lands so acquired by railroad companies, and not alienated as herein required, shall be forfeited to the State and become a part of the public domain and liable to location and survey as other unappropriated lands. All lands purchased by or donated to a railroad corporation, except such as are used for depot purposes, reservations for the establishment of machine shops, turn outs and switches, shall be alienated and disposed of by said company in the same manner and time as is required where lands have been received from the

State."

85. Amend said chapter 9 by omitting

article 4485.

86. Amend article 4491 by inserting after the word "establishing" in the third line, the words "and maintaining." 87. Amend chapter 10 by omitting ar

ticle 4495.

88. Amend chapter 10, title 94, by adding thereto, next after article 4502, two additional articles, 4502a and 4502b, as follows:

"Article 4502a. All railroad companies operating any railroad, or any part thereof, within the limits of this State, are required to provide cars with double decks for the shipment of sheep, goats, hogs and calves; that the said cars must be in every way as large as those now in use upon the respective railroads of this State: that the distance between the floor and the second deck shall be the same as the distance between said second deck and the roof; the floor of said second deck shall be so constructed as to protect the animals beneath; and said cars must be furnished by the railroad campany to any person who shall offer to ship at one time hogs, sheep, goats, or calves. in carload lots. [Acts 1887, page 57.]

Article 4502b. It shall not be lawful for any railroad company to charge more for shipping a double-decked carload of sheep, goats, hogs, or calves than is charged for shipping a carload of other cattle or horses the same distance, and in the same direction, and any railroad company that shall fail or refuse to furnish double-decked cars of the dimensions prescribed in the preceding article, to any person who may wish to ship as much as a double-decked carload of sheep, hogs, goats, or calves, or shall charge more for shipping a doubledecked carload of sheep, hogs, goats, or calves, than for shipping a carload of other cattle or horses for the same dis

751

tance and in the same direction, shall be liable to pay to the owner or shipper of said sheep, hogs, goats, or calves, the sum of five hundred dollars as liquidated damages, to be recovered in any court of competent jurisdiction; provided, that if any railroad companies shall transport sheep, hogs, goats, and calves on single-decked cars at one-half the price per carload charged for shipping horses or other cattle. then the penalties prescribed in this article for failure to provide double-decked cars shall be inoperative."

out and inserting in lieu thereof article
4521, as follows:
89. Amend article 4521 by strlking it

company doing business in this State "Article 4521 (4238). Every railroad in this State, lighted and warmed, and shall keep its depots or passenger houses open to the ingress and egress of all pasfor a time not less than one hour before the arrival and after the departure of all sengers who are entitled to go therein, trains carrying passengers on such railfor each failure or refusal to comply road, and every such railroad company with the provisions of this act, shall forfeit and pay to the State of Texas, the for and recovered in the name of the sum of fifty dollars, which may be sued State in any court of competent jurisdiction, and shall be liable to the party injured for all damages by reason of such failure." [Acts 1891, p. 29.]

out all of said article occurring after the 90. Amend article 4542 by striking words "three cents per mile" in line 9, from the top of page 779; the parts struck out beginning with the words "and railroads," etc., and ending with the article.

ing the word "officer" for "office" in
91. Amend article 4529 by substitut-
line 7.

out "p. 29" from the marginal reference
92. Amend article 4547 by striking
and inserting in lieu thereof "p. 72."
93.

chapter 6, title XCVII, as follows:
Amend by adding article 4785a to

son, Travis, Houston, Dallas. Limestone,
"Article 4785a. The counties of Gray-
Fayette, Galveston, Cherokee, Gonzales,
Woods, Raines, Harrison, Shelby, San
Augustine, Sabine, Newton, Jasper. Ty-
ler. Morris, Marion, Victoria, Goliad,
Refugio, Aransas, Calhoun, Jackson,
DeWitt,
Blanco, Camp, Gillespie, Lavaca, Parker,
Hopkins,
Panola, Milam, Lamar, Hill, Smith,
Comal, Upshur,
Gregg, McLennan, Harris, Washington,
Titus, Cass, Franklin, Delta, Angelina,
Nacogdoches,
Walker, Trinity, Red River, Henderson,
Bowie,
Van Zandt, Tarrant and Jack counties
Montgomery,
are exempted from the provisions of this

chapter: provided, that the county commissioners courts of Dallas and Collin counties may accept and adopt the provisions of this act in lieu of the special acts for Dallas, Collin. Grayson and other counties, if in their judgment its provisions are better suited to Dallas and Collin county than the said special laws." [Chapter 97, Twenty-second Legislature.]

94. Amend title XCVIII, chapter 1, by striking out article 4825, and inserting in lieu thereof the following:

"Article 4825. The superintendent of the orphan asylum shall receive such salary each year as may be provided by the board of managers. In no case shall such salary be fixed at an amount exceeding one thousand dollars per annum."

95. Amend article 4851 by having the marginal reference read as follows: "Acts of 1887, page 25."

96. Amend title 100 by omitting article 4889.

97. Amend article 4904 by adding at the end thereof the following: The adjutant general shall prescribe, have printed, and forward to the sheriff of the several counties the necessary blanks upon which are to be made the lists herein required."

98. Strike out in article 4931, line 3, the word "this," and insert in lieu thereof the word "his."

99. Amend articles 4942, 4944 by striking out of each article the number "4562" and inserting in lieu thereof "4940."

100. Strike out article 4953 and insert in lieu thereof the following:

Wharton, Fort Bend. Waller, Burleson,
Limestone, Freestone. Navarro, Young.
Karnes. Mason, Medina, Kimble, Kerr,
Kendall, Bandera, Sutton, Gillespie,
Williamson, Lampasas, Burnet, El Paso.
Presidio, Brewster, Midland, Reeves,
Marion."

101. Strike out article 5001, and insert in lieu thereof the following:

"Article 5001. The counties of Cooke, Refugio, Aransas, San Patricio, and Bee are exempted from the provisions of this chapter."

101a. Amend chapter 6, title 102, by striking out all of article 5023, inserting in lieu thereof the following nine articles:

"Article 5023 (4631). Any person or persons driving cattle in his or their own mark and brand shall be entitled to the certificate of inspection provided for in the preceding article, on payment of fees to the inspector, and on presentation to the inspector of the certificate of the clerk of the county court of the county where such mark and brand is recorded, to the effect that the mark and brand named therein is duly recorded in his office as the mark and brand of the person so driving such cattle.

"Article 5023a (4632). Any person or persons who shall drive any cattle to market beyond the limits of this State shall, before removing such cattle from the county where the same are gathered, place upon each and every animal so to be driven, a large and plain road brand, composed of any device he may choose, which brand shall be branded on the left side of the back behind the shoulder; and every person or person using or causing to be used any road brand shall place the same on record as in the case of other brands, in the county from which the animals are to be driven, and before their removal from such county.

"Article 4953. The provisions of the five preceding articles shall in no wise apply to the following counties: Anderson. Bell. Gonzales, Coryell, Hamilton, Mills, Brown, Comanche, Lavaca. Llano, .San Saba, Concho, Runnels, Coleman, Travis, Grayson, Cooke, Montague, Colorado, Bexar, Jasper, Newton, Orange, Jefferson, Polk, San Jacinto, Tyler, Chambers, Hardin, Liberty, Harrison, Smith, Upshur, Gregg. Wood, Rains, Bowie. Cass, Morris, Titus, Lee, Bastrop, Fayette. Hill, Johnston, Ellis, McLennan, Falls, Robertson, Milam, Brazos, Galveston. Brazoria, Matagorda. San Patricio, Guadalupe, Caldwell, Hayes, Blanco. Comal, Tarrant, Wise, Parker, Jack, Dallas, Nacogdoches, San Augustine. Sabine, Shelby, Panola, Rusk, Hunt, Hopkins, Delta, Franklin, Camp, Angelina, Houston. Leon, Grimes, Madison, Kaufman, Rockwall, Fannin, Lamar, Red River, Van Zandt, Henderson, Cher- "Article 5023c (4634). Whenever a okee, Bosque, Hood, Erath, Somervell, drove of cattle may be passing through Collin, Denton, Trinity, Walker, Mont- any county it shall be the duty of the ingomery, Harris, Austin, Washington,spector, if called upon to do so by any

"Article 5023b (4633). Any person intending to drive or ship any animals to the Republic of Mexico, may ship the same from any point on the coast of Texas. or may drive or ship them across the Rio Grande river at any point where a custom house of the United States is located, and shall not drive or ship such animals across the Rio Grande at any other point or points, and he shall cause all such animals to be inspected by the inspector of the district in which the point of shipment or place at which they are to be driven across said river is situated; such inspection shall be made be fore shipment from the State or passage across said river of sa.d animals.

person, to stop and inspect said drove without any unnecessary detention of the same; and he shall exercise the same powers and perform the same duties in the inspection of said cattle as are prescribed in articles 5013, 5017 and 5018.

"Article 5023d (4635). If any cattle be found in said drove not included in the certificate of the inspector of the county in which the drove may have been gathered, the fees of the inspector shall be paid out of the proceeds of the sale of said cattle, but if no cattle shall be found in said drove except those covered by the inpector's certificate, then the inspector's fees shall be paid by the person at whose instance and request said drove was inspected.

"Article 5023e (4636). The hides of all cattle imported into this State from Mexico shall be inspected by the inspector of hides and animals of any county or district into which the same may be introduced or imported; and should the importer of said hides fail or refuse to pay the inspection fees as required by law, the inspector is hereby authorized to retain possession of said hides and sell a sufficient number thereof, after public notice of three days, to the highest and best bidder, to pay said inspection fees and all necessary expenses in connection therewith.

"Article 5023f (4639). Horses and mules imported from Mexico into this State shall be inspected in accordance with the provisions of the preceding article, and with like authority to retain and sell as therein provided for a failure to pay the inspection fees.

Article 5023g (4638). Should an inspector of hides and animals find among hides imported from Mexico any hides which, from the brand or from other evidence, he has reason to believe have been stolen from the lawful owner, it shall be his duty to separate said hides from the others undergoing inspection, and to notify any person he believes to be interested therein to come forward and institute suit for the recovery of the

same.

"Article 5023h (4639). Should no person appear to claim said hides the inspector shall. within twenty-four hours, make oath before the county judge of the county or before a justice of the peace of the county, that he has reason to believe that said hides have been stolen, whereupon said county judge or justice of the peace shall issue a citation, directing the importer or party claiming the same to appear before him at his office within a time specified, not to exceed twenty-four hours, to show cause why said hides should not be condemned."

48-House

102. Amend article 5036 by striking out "4635" from line 11, and inserting 5023d" in lieu thereof.

103. Strike out all of article 5043, and insert in lieu thereof the following:

"Article 5043. The provisions of this chapter shall not apply to the following counties, viz.: Anderson. Austin, Angelina, Bell, Bowie, Brazos, Bastrop, Bosque, Burleson Brazoria. Caldwell, Camp. Calhoun, Cass, Chambers, Cherokee, Collin, Colorado, Cooke, Dallas, Delta, Denton, Ellis, Erath, Fannin, Franklin, Falls, Freestone, Gonzales, Eastland. Stephens, Fayette, Fort Bend, Galveston, Goliad, Grayson. Gregg, Grimes, Hardin. Harrison, Hays. Henderson, Hill, Hood, Hunt. Hopkins, Houston, Jackson, DeWitt, Jasper, Jefferson, Johnson, Kaufman, Lamar, Lee, Leon, Lampasas, McLennan, Madison, Marion, Montgomery, Montague, Morris, Nacogdoches, Newton, Orange, Panola, Parker, Polk, Palo Pinto, Rains, Red River, Robertson, Rockwall, Rusk, Sabine. San Augustine. San Jacinto, Shackelford. Shelby, Smith, Tarrant, Titus, Trinity, Tyler, Upshur. Van Zandt, Walker, Washington, Wharton, Wise, Wood, Jack, Harris. Chambers, Clay, Young, Wheeler, Lavaca, Nueces, Bee. Refugio. Limestone. San Patricio, Somervell. Matagorda, Waller, Karnes, Victoria, Milam, Live Oak, Williamson, Liberty, Wilbarger, Archer, Hardeman, Childress. Hall, Collingsworth, Donley, Gray, Armstrong. Briscoe. Floyd, Randall. Kendall, Comal, Travis. Navarro, Brown, Coryell. Mills, Bailey, Deaf Smith, Dallam, Oldham, Hartley, Hockley, Cochran, Ford, and Wichita, and the provisions of this chapter shall in no wise relate or apply to the aforesaid counties; provided, that in those counties, bordering on the line of the State, except those bordering on Red River, and the Rio Grande, where there is a depot or place for the shipment of cattle, no inspector of hides and animals shall be elected, but one for each of such counties shall be appointed by the Governor, who shall hold office for two years, and until his successor shall be appointed, and said inspector, so appointed, shall take the constitutional oath of office and give the bond now required of inspectors of hides and animals, and such inspector shall receive the same fees now allowed to inspectors of hides and animals, and perform the same duties; provided, that such cattle shall not be subject to inspection on board of any railroad unless the same have been placed on board of such train for the purpose of evading the provisions of this act; and provided further, that the counties

of Guadalupe, Blanco, Llano, Kendall, and Hamilton shall be exempt from all laws regulating the inspection of hides. 104. Amend article 5069 by striking out all that part of it after the word "county" in the third line.

105. Amend article 5070 by having the marginal reference read "acts of 1889. p. 29."

106. Amend article 5083 by striking out of the ninth line 5122," and inserting in lieu thereof, 5120.”

107. Amend article 5112 by striking out of the sixth line 5117" and "5118," and inserting in lieu thereof the numbers 5110" and "5111," respectively. 108. Amend article 5120 by adding thereto subdivision 6, as follows:

6. The assessors of taxes shall furnish to the board of equalization. on the first Monday in June of each year, or as soon thereafter as practicable, a certified list of names of all persons who either refuse to swear or to qualify, or to have signed the oath or affirmation as required by law, together with the assessment of said persons' property made by him through other information; and the board of equalization shall examine, equalize and correct assessments so made by the assessor, and when so revised, equalized and corrected, the same shall be approved."

Also further amend by adding next after said article, another article (5120a) as follows:

Article 5120a (4712). If the assessor of taxes shall discover in his county any real property which has not been as sessed or rendered for taxation for any year since 1870, he shall list and assess the same for each and every year for which it has not been assessed, in the manner prescribed in the preceding article, and such assessment shall be as valid and binding as though it had been rendered by the owner thereof; but no such real property shall be assessed by the assessor unless he has ascertained by the certificate of the Comptroller of Public Accounts the fact that the record of his office do not show that the property has been rendered or assessed for the year in which he assesses it. [Acts 1888, p. 4.] 109. Amend 5166 by striking out of the marginal reference "Ib." and inserting in lieu thereof Acts 1876."

110. Amend article 5168 by striking out of the marginal reference Ib." and inserting in lieu thereof, "Acts 1876, p. 261. $12.

111. Amend article 5175 by inserting next thereafter another article (5175a), as follows:

Article 5175a. In all cases where a taxpayer makes an assignment of his

property for the payment of his debts. or where his property is levied upon by creditors, by writs of attachment or otherwise, or where the estate of a decedent is or becomes insolvent, and the taxes assessed against such person or party, or against any of his estate, remains unpaid in part or in whole, the amount of such unpaid taxes shall be a first lien upon all such property; provided. that when taxes are due by an estate of a deceased person, the lien herein provided for shall be subject to the allowances to widows and minors, funeral expenses, and expenses of last sickness; and such unpaid taxes shall be paid by the assignee, when said property has been assigned, by the sheriff out of the proceeds of sale in case such property has been seized under attachment or other writ, and by the administrator or other legal representative of decedents. and if said taxes shall not be paid, all said property may be levied on by the tax collector and sold for such taxes in whomsoever's hands it may be found."

112. Amend article 5200 by striking "Ib." from the marginal reference and inserting in lieu thereof, "Acts of 1878,

p. 259,"

113. Amend article 5212 by adding next thereafter another article (5212a), as follows:

"Article 5212a. Hereafter it shall be

the duty of the district or county attorney of the respective counties of this State, by order of the commissioners court, to institute suit in the name of the State for the recovery of all money due the State and county as taxes due and unpaid on unrendered personal property; and in all suits where judgments are obtained under this act the person owning the property on which there are taxes due the State and county shall be liable for all costs: provided, such suits may be brought for all taxes so due and unpaid for which such delinquent tax payer may be in arrears for and since the year 1886; and provided further, the State and county shall be exempt from liability for any costs growing out of such action; provided, all suits brought under this article for the recovery of taxes due on personal property shall be brought against the person or persons who owned the property at the time such property should have been listed or assessed for taxation: provided, that no suit shall be brought until after demand is made by the collector for taxes due; and provided further, that no suit shall be brought for an amount less than twenty-five dollars."

114. Strike out all of article 5364 and insert in lieu thereof the following: "Article 5364. The counties of Gray

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