tution of the State shall before then be submitted by the Legislature to the electors of the State, and adopted by the people providing for an increase of the judges of the supreme court.

Sec. 7. The accumulation of business in the supreme court and court of appeals is so great as to prevent that speedy determination to litigation which is essential to justice, an imperative public emergency exists for the immediate passage of this act, and that the rule requiring bills to be read on three several days be suspended, and as a public necessity requires that this act should take effect and be in force from and after its passage, it is therefore so enacted.

Approved February 9, A. D. 1881.
Takes effect from passage.

CHAPTER VIII.-An act to amend article 1289, chapter 11, title 29, of the Revised Civil Statutes of the State of Texas.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 1289, chapter 11, title 29, of the Revised Civil Statutes of the State of Texas be so amended as to hereafter read as follows:

"Article 1289. The court shall, at the first term after the passage of this act, by an order entered on the minutes, designate a day of the term for taking up for trial the causes on the jury civil docket at all subsequent terms, until changed by a like order; but, in case of change, it shall not take effect until the succeeding term of said court. In all cases in which juries have been demanded by either party, all questions of law, demurrers, exceptions to pleadings, shall, as far as practicable, be heard and determined by the court before the day designated for the trial of said jury causes, and all jurors shall be summoned to appear on the day of the term so designated."

Approved February 10, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER IX.-An act authorizing the county commissioners' court of the several counties of this State to issue bonds for the erection of a court-house, and to levy a tax to pay for the same.

Section 1. Be it enacted by the Legislature of the State of Texas, That the county commissioners' court of any county which has no courthouse at the county seat is hereby authorized and empowered to issue the bonds of said county, with interest coupons attached, in such amount as may be necessary to erect a suitable building for a court-house; said bonds running not exceeding fifteen years, and redeemable at the pleasure of the county, and bearing interest at a rate not exceeding eight per cent. per annum.

Sec. 2. The commissioners' court of the county shall levy an annual ad valorem tax on the property in said county sufficient to pay the interest, and create a sinking fund for the redemption of said bonds, not to exceed one-fourth of one per cent. for any one year.

Sec. 3. The county shall not issue a larger number of bonds than a tax of one-fourth of one per cent. annually will liquidate in ten years, and such bonds shall be sold only at their face or par value.

Sec. 4. The interest on said bonds shall be paid annually on the tenth day of April, and they shall be registered, and an account kept by the county treasurer of the amount of principal and interest paid on each.

Sec. 5. Said bonds shall be signed by the county judge, and countersigned by the county clerk, and registered by the county treasurer before they are delivered.

Sec. 6. The security and the protection and safe-keeping of the public records and archives of Robertson county make an imperative public necessity that the rule requiring the bill to be read on three several days be suspended, and it is so enacted, and this act shall take effect from and after the day of its passage.

Approved February 11, A. D. 1881.
Takes effect from passage.

CHAPTER X.-An act to amend article 3812, title 79, of the Revised Civil Statutes of the State of Texas, passed by the Sixteenth Legislature February 21, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 3812, title 79, of the Revised Civil Statutes of the State of Texas, passed by the Sixteenth Legislature February 21, 1879, be amended so as hereafter to read as follows:

"Article 3812. When a survey has become forefeited and void from any cause, so soon as such forfeiture is discovered the commissioner shall notify the party interested in such survey or location, in writing by mail, directed to such party at his postoffice address, if known, and if not known, directed to him at the county seat of the county in which the land is situated, of such forfeiture; and no new file or location shall be made on the land covered by such forfeited survey or location, except by the owner of such forfeited survey or location, for a period of ninety days after the mailing of such notice, and the commissioner shall keep a record of the date said notice was mailed and the name of the party to whom the notice was mailed and the name of the postoffice to which said notice was addressed; and the record of such entries shall be prima facie evidence of the facts therein stated, and the absence of such entries shall be prima facie evidence that the notice required above had not been given."

Approved February 11, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XI.-An act to make an appropriation for the pay of assistant clerks in the comptroller's office for the month of February, 1881.

Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of two thousand dollars, or so much thereof as may be necessary, be and it is hereby appropriated for the payment of salaries of assistant clerks in the comptroller's office for the month of February, 1881, out of any money not otherwise appropriated.

Sec. 2. Whereas, the appropriation for the pay of assistant clerks in the comptroller's office is exhausted, and unless immediate provision be made for their pay the public service will seriously suffer, the constitutional rule requiring bills to be read on three several days is hereby suspended, and this act shall take effect from and after its passage. Approved February 11, A. D. 1881.

Takes effect from passage.

CHAPTER XII.—An act defining who are officers of this State, and prescribing their rights, powers, duties and privileges.

Section 1. Be it enacted by the Legislature of the State of Texas, That the comptroller of public accounts, the state treasurer, county commissioners' courts, county treasurers, and any and all other officers of this State, or of any municipal division thereof, whether herein enumerated or not, who are authorized or required by law to audit, or pay, or order to be paid, claims due from the State, or any county or municipal division thereof, to any person or persons, as a salary, or as fees, compensation, perquisites or emoluments for official services rendered by such person, as an officer thereof, shall, upon the demand of any citizen of this State, before auditing, paying, or ordering to be paid, any such claim as aforesaid, require such person presenting such claim, to produce the certificate of his election or appointment to such office, directed by the laws of this State to be issued to such officer; or, if his claim be founded upon the judgment or decree of a court of this State, authorized by the laws of this State to hear and determine the claims of persons to office, then a copy of the record of such judgment or decree certified under the hand and seal of the legal custodian of such record to be a true copy thereof.

Sec. 2. It shall not be lawful for any officer or court of this State, or of any municipal division thereof, to allow, audit, pay, or order to be paid, the claim of any person for salary, compensation, fees, perquisites, emoluments or services, as an officer of the State, or of any municipal division thereof, except to such person as has been duly elected such officer by the qualified voters of this State, and whose election has been ascertained and certified or declared in the manner required by the laws of this State, or who has been appointed such officer by the lawful appointing power under the constitution and laws of this State, or who has been adjudged entitled thereto by a State court of competent jurisdiction of this State, and has qualified as such officer in accordance with the requirements of the laws of this State.

Sec. 3. No person shall be held, by the laws of this State, entitled to pay for services as an officer thereof, or of any county or municipal division thereof, or to exercise any of the powers or jurisdiction of an officer thereof, unless he shall have been elected, appointed or adjudged entitled thereto, as specified in the second section of this act; and the official acts of any person claiming a right to exercise such powers or jurisdiction, contrary to the provisions of this act, are and shall be held to be null and void.

Sec. 4. No court of this State shall have power, authority or jurisdiction to issue the writ of mandamus, or injunction, or any other mandatory or compulsory writ or process against any of the officers of the execu

tive departments of the government of this- State, to order or compel the performance of any act or duty, which, by the laws of this State, they or either of them are authorized to perform, whether such act or duty be judicial, ministerial or discretionary.

Approved February 15, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XIII.—An act to reorganize the tenth judicial district, and to establish the thirty-fifth judicial district, and prescribe the time for holding terms of courts therein, and providing for the appointment of a district attorney and a district judge for the thirty-fifth judicial district, and a district attorney for the tenth judicial district.

Section 1. Be it enacted by the Legislature of the State of Texas, That the counties of Cook, Denton, Wise and Montague be and the same are hereby constituted the tenth judicial district.

Sec. 2. The counties of Wheeler, Oldham, Donley, Collinsworth, Childress, Hall, Briscoe, Swisher, Castro, Parmer, Deaf Smith, Randall, Armstrong, Gray, Carson, Potter, Hartley, Moore, Hutchinson, Roberts, Hemphill, Lipscomb, Ochiltree, Hansford, Sherman, Dallam and Greer be and the same are hereby constituted the thirty-fifth judicial district. Sec. 3. The district courts in the counties comprising the tenth judicial district shall be holden as follows: In the county of Cook on the first Mondays in February and August, and may continue in session six weeks; in the county of Denton on the sixth Monday after the first Mondays in February and August, and may continue in session six weeks; in the county of Wise on the twelfth Monday after the first Mondays in February and August, and may continue in session five weeks; in the county of Montague on the seventeenth Monday after the first Mondays in February and Angust, and may continue in session until the business is finished.

Sec. 4. The district courts shall be holden in the counties comprising the thirty-fifth judicial district as follows: In the county of Wheeler on the first Mondays in April, August and December, and may continue in session four weeks; in the county of Oldham on the fourth Monday after the first Mondays in April, August and December, and may continue in session three weeks.

Sec. 5. The counties of Ochiltree, Hemphill, Lipscomb, Roberts, Gray, Donley, Collinsworth, Childress, Hall, Briscoe, Armstrong, Carson, Hutchinson, Greer and Hansford are hereby attached to the county of Wheeler for judicial purposes until organized. The counties of Sherman, Moore, Potter, Randall, Swisher, Castro, Parmer, Deaf Smith, Hartley and Dallam are hereby attached to the county of Oldham for judicial purposes until organized.

Sec. 6. All process heretofore issued or served, returnable in any of the counties of said judicial district as heretofore prescribed by law, shall be considered as returnable at the terms herein prescribed, and all such process is hereby legalized and validated, as if the same had been made returnable at the terms herein prescribed.

Sec. 7. That immediately after the passage of this act, the governor

shall appoint a suitable person as judge of the thirty-fifth judicial district, and suitable persons as district attorneys in the the tenth and thirty-fifth judicial districts, who shall hold their offices until the next general election held for State and County officers, and until their successors shall be elected and qualified.

Sec. 8. That all laws and parts of laws in conflict with this act be and the same are hereby repealed.

Sec. 9. If any unorganized county mentioned in this bill shall organize prior to the next regular session of the Legislature, the district judge shall fix times to hold at least two terms of court each year in each of such counties by a written declaration, to be forwarded by the judge to the district clerk of the county, and spread by him upon the minutes of the district court. When the times are so fixed they shall not be changed, except by the Legislature.

Sec. 10. That owing to the recent organization of counties in the Panhandle, making it impossible for the judge of the tenth district to hold court therein on account of the great extent of the district, an imperative public necessity and emergency exist that the constitutional rule requiring this bill to be read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved February 15, A. D. 1881.

Takes effect from passage.

CHAPTER XIV.-An act to establish a rule governing the defense of intoxication, and of temporary insanity produced by the voluntary recent use of ardent spirits, in criminal causes in this State.

Section 1. Be it enacted by the Legislature of the State of Texas, That neither intoxication, nor temporary insanity of mind, produced by the voluntary recent use of ardent spirits, shall constitute any excuse in this State for the commission of crime, nor shall intoxication mitigate either the degree or the penalty of crime, but evidence of temporary insanity produced bv such use of ardent spirits may be introduced by the defendant in any criminal prosecution in mitigation of the penalty attached to the offense for which he is being tried, and in cases of murder for the purpose of determining the degree of murder of which the defendant may be found guilty.

Sec. 2. It shall be the duty of the several district and county judges of this State, in any criminal prosecution pending before them, where temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was brought about by the immoderate use of intoxicating liquors, to charge the jury in accordance with the provisions of section 1 of this act.

Approved February 17, A. D. 1881.

Takes effect ninety days after adjournment.