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CHAPTER XXVI.-An act to repeal article 2234 of an act entitled "An act to adopt and establish the Revised Civil Statutes of the State of Texas," passed by the Sixteenth Legislature.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 2234 of "an act to adopt and establish the Revised Civil Statutes of the State of Texas," passed by the Sixteenth Legislature, be and the same is hereby repealed.

Sec. 2. Whereas, there is apparently a conflict between the requirements of the above named article and the provisions and intent of section 1 of "an act to define in what civil causes depositions of witnesses may be taken," approved April 21, 1879, creating a confusion and variety of opinion thereon, and rendering uncertain the rights, and endangering the interest of citizens under said last-named act; therefore an emergency is created for the suspension of the constitutional rule directing that no law shall go into force until ninety days after the adjournment of the Legislature, and said rule is hereby suspended, and this act shall take effect and be in force from and after its passage.

Approved March 9, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XXVII.-An act to amend article 375, chapter 4, of title 17, of the Revised Civil Statutes of the State of Texas, relating to the powers of the councils of cities and towns, over streets, alleys and public grounds.

Section 1. Be it enacted by the Legislature of the State of Texas That article 375, chapter 4, of title 17, of the Revised Civil Statutes of the State of Texas, shall be so amended as hereafter to read as follows:

"Article 375. The council shall have exclusive control and power over the streets, alleys, public grounds and highways within the corporate limits, and shall have power to abate and remove encroachments or obstructions thereon, and shall have power to open, alter, widen, extend, establish, regulate, grade, clean or otherwise improve said streets, and to cause the male inhabitants, between the ages of eighteen and forty-five years, to work thereon, not exceeding six days in any one year, or furnish a substitute, or a sum of money (not to exceed one dollar for each day's work demanded) to employ said substitute, and to enforce the same by appropriate ordinances; to put drains or sewers therein, and to prevent the incumbering thereof in any manner, and to prevent the same from injury; and to regulate and alter the grade of premises, and to require the filling up and raising the same; provided, that citizens of cities and towns, who work under the provisions of this act, shall not be liable to work upon the public roads outside of the corporate limits of said city or town under the general road law of the State.

Approved March 9, A. D. 1881.

Takes effect ninety days after adjournment.

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CHAPTER XXVIII.-An act to amend section 11 of an act entitled "An act to protect the wool-growing interest of the State of Texas," approved March 25, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That hereafter section 11 of the above entitled act shall read as follows, to wit:

"Section 11. The following counties are hereby exempted from the provisions of this act, viz.: Anderson, Angelina, Bowie, Cass, Chambers, Cherokee, Collin, Cooke, Dallas, Delta, Denton, Ellis, Fannin, Fayette, Fort Bend, Franklin, Freestone, Grimes, Hardin, Harris, Harrison, Henderson, Jack, Jasper, Jefferson, Johnson, Kaufman, Lamar, Lee, Liberty, Madison, Marion, Montgomery, Morris, Nacogdoches, Newton, Orange, Panola, Parker, Polk, Rains, Red River, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Somervell, Tarrant, Titus, Trinity, Tyler, Van Zandt, Wood, Walker, Waller, Wharton, Young, and the unorganized counties attached to Jack and Young counties for judicial purposes. The counties of Clay, Montague and Wise, together with the unorganized counties attached to the same for judicial purposes, are also exempted from the provisions of this act."

Approved March 9, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XXIX.-An act to amend sections 1, 3, 5, and 7 of an act entitled "An act to protect the wool-growing interest of the State of Texas," approved March 25, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That sections 1, 3, 5 and 7 of an act entitled "An act to protect the woolgrowing interest of the State of Texas," approved March 25, 1879, be and the same are hereby amended so as to read hereafter as follows:

"Section 1. Whenever it appears from the assessor's rolls that there are as many as five hundred sheep owned and assessed for taxes in any county in this State (that is not exempted from the operations of this act by the original bill), it should be the duty of the commissioners' court of such county, upon the application of one or more resident sheep owner or cwners of said county, to appoint an inspector of sheep, who shall be a resident citizen of the county and well versed in the scab and other diseases which usually affect sheep, and said inspector shall hold his office until the next general election, or until his successor in office shall have qualified; provided, the qualifications required for inspector herein shall not apply to those appointed before this act takes effect. Said inspector may appoint one or more deputies, who shall take the oath of office prescribed by the constitution, and may lawfully perform the same acts as the inspector of sheep, who may require of his deputies bonds for the faithful performance of duty.

"Sec. 3. It shall be the duty of the inspector of sheep, or the deputy inspector, to carefully and personally examine and inspect at any time during the year any flock of sheep in his county, or which may be driven into or through his county, and which he has good reason to believe or is informed by two or more creditable sheep owners, is affected with scab or any other infectious or contagious disease; provided, that when the

inspector of sheep makes the examination and inspection upon his own motion, he shall not be entitled to any compensation, unless the sheep are affected with scab or some infectious or contagious disease; and if any inspector of sheep shall wilfully demand or receive any fee or compensation where none is allowed him by law, he shall be deemed guilty of misdemeanor, and, upon conviction thereof, he shall be fined in any sum not less than ten nor more than two hundred dollars, and shall also be deemed guilty of official misconduct and liable to be removed from office, as is or may be provided by law.

"Sec. 5. Whenever, upon examination and inspection, herebefore provided, of flocks herded or kept in the county, scab or any other infectious or contagious disease is ascertained to exist in any flock, the inspector shall at once notify the owners or persons in charge thereof of said fact, and shall prescribe certain limits within which said flock shall be herded until cured; provided, no person shall be so limited as to prevent him from herding or keeping his sheep anywhere on his own land or lands lawfully controlled by him, if the tract or tracts of said land are so contiguous to each other that in herding or driving the sheep the same will not go or be upon any tract or tracts of land of some other persons.

"Sec. 7. No sheep owners shall give information to any inspector of sheep that any flock of sheep is affected with scab or any infectious or contagious disease, until he shall have first personally and carefully examined said flock, or have been refused the privilege of so doing; provided, that if upon the information of the sheep owners, the inspector of sheep makes the examination and inspection, and finds scab or other infectious or contagious disease to exist among the sheep, his acts in so doing shall not be deemed invalid in any proceedings under this act in any court of this State against such owner or persons in charge of the sheep so examined and inspected from the fact that said informants did not comply, or may not have complied, with their duty under this section before they gave information to the inspector."

Approved March 9, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XXX.-An act to provide for the change of time of holding the terms of the district court of Gonzales county.

Section 1. Be it enacted by the Legislature of the State of Texas, That hereafter the terms of the district court in and for Gonzales county shall be holden on the first Monday in January and on the third Monday in June, of each year, and continue in session four weeks, or until the business is disposed of.

Sec. 2. That all writs and process returnable to said courts shall be returnable to the terms of said courts as herein defined; and all such writs and process as have been issued, executed and returned, shall be as valid as if no change had been made in said court by the passage of this act.

Whereas, the term of the district court of Gonzales county, under 'the law as it now exists, will soon commence, and at a time when it will occasion great trouble and inconvenience to the farming communities of said county, therefore, there exists an emergency and public imperative

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necessity that the constitutional rule requiring bills to be read on three several days be suspended, and that this bill go into effect from and after its passage, and it is so enacted.

Approved March 18, A. D. 1881.
Takes effect from passage.

CHAPTER XXXI.—An act to regulate the sale of spirituous, vinous or malt liquors or medicated bitters; to fix the rate of occupation tax upon all persons, firms or associations of persons engaged in the sale of spirituous, vinous or malt liquors or medicated bitters; to define the manner and time of collecting such tax, and to affix penalties for failure to pay the same; and to repeal all laws and parts of laws in conflict with the provisions of this act.

Section 1. Be it enacted by the Legislature of the State of Texas, That hereafter there shall be levied upon and collected from any person, firm or association of persons engaged or engaging in the business of selling spirituous, vinous or malt liquors or medicated bitters, an annual tax upon every such occupation, or separate establishment, as follows: For selling spirituous, vinous or malt liquors, in quantities less than a quart, three hundred dollars; for selling such liquors or medicated bitters, in quantities of one quart and less than five gallons, two hundred dollars; for selling such liquors, in quantities of five gallons or more, three hundred dollars; for selling malt liquors exclusively, an annual tax of fifty dollars; provided, that nothing in this section shall be so construed as to prevent wholesale liquor dealers, or merchants who pay occupation tax as such, from selling unbroken packages containing less than five gallons, without being required to pay an additional tax as quart dealers.

Sec. 2. That the commissioners' courts of the several counties in this State shall have power to levy and collect taxes upon each of the occupations herein named equal to one-half of the State tax herein levied upon said business; and, where any such occupation or calling is carried on in an incorporated town or city, such town or city shall have power to levy and collect an additional tax upon such occupation or calling equal to that levied by such commissioners' courts.

Sec. 3. That every person, firm or association of persons, desirous of engaging in the business of selling spirituous, vinous or malt liquors or medicated bitters shall, before engaging in such business, pay to the collector of taxes of the county wherein such business shall be pursued, the entire annual tax herein levied for State purposes, according to the particular class of business in which said person, firm or association of persons may wish to engage, and the entire annual tax upon such business as shall or may be levied by the commissioners' court of said county, and, in case the selling of said spirituous, vinous or malt liquors, or medicated bitters shall be carried on in an incorporated town or city, the person, firm or association of persons so selling shall, in addition to the State and county tax herein required to be paid in advance, pay to the collector of taxes, in and for such town or city, such tax as may be levied upon such business by such town or city, and all taxes herein required shall be paid in advance for periods of not less than twelve months; provided, that any person, firm or association of persons, who may now be engaged in any of the occupations herein named, under and by virtue (113)

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of the authority of an act passed by the Sixteenth Legislature, commonly known as "the bell punch law," approved April 3, 1879, shall not be deprived of any right, privilege or immunity to which he or they may be entitled under said law; but such person, firm or association of persons may continue their said several occupations for the full period or periods of time for which such person, firm or association of persons shall have paid occupation tax under the provisions of said act of April 3, 1879, or may, at their option, take out license under the provisions of this act, and when so doing shall have credit for any balance due on payment made under act of April 3, 1879.

Sec. 4. That any person, firm or association of persons desiring to engage in the sale of spirituous, vinous or malt liquors, in quantities less than a quart, shall, before engaging in such occupation, be required to enter into bond, with at least two good and lawful sureties, payable to the county judge and his successors in office, and to be approved by him, in the sum of one thousand dollars, conditioned that said person, firm or association of persons so selling spirituous, vinous or malt liquors in quantities less than a quart shall keep an orderly house or place for the sale of such liquors, and that he or they will not sell, nor knowingly permit to be sold in his or their said place of business, nor give nor permit to be given any spirituous, vinous or malt liquors to any minor under the age of twenty-one years, or to students of any institution of learning. or to any habitual drunkard, or to any person, after being notified in writing by the wife or daughter of the person not to sell to such person, and that he or they will not knowingly permit any games prohibited by the laws of this State to be played, dealt or exhibited in or about such place of business, and that he or they will not knowingly permit any minor under the age of twenty-one years, to enter upon or remain in such establishment; which said bond may be sued on at the instance of any party aggrieved by the violation of the provisions of said obligation, and said bond shall not be void on first recovery, but may be sued on until the full penal sum named therein shall have been recovered. The provisions of this section shall not be so construed as to repeal or in any manner affect any penal laws now in force concerning the unlawful sales of spirituous, vinous or malt liquors. In addition to civil proceedings for individual injuries brought on said bond, if any person or firm shall violate any of the conditions of the bond herein required, it shall be the duty of the county treasurer and the county attorney and the district attorney, or either of them, to institute suit thereupon in the name of the county judge of the county, for the use and benefit of the county, and the amount of five hundred dollars as a penalty shall be recovered from the principals and sureties, upon proof of a breach of any of the conditions thereof. And, whenever the first or subsequent bond required is exhausted by suits at the instance of individuals or for the use of the county, a new similar bond shall be given and approved before the dealer shall have the right to further pursue his occupation as a retail liquor dealer, or in case a suit is pending on any such bond, and the county or district attorney shall make and file an affidavit with the clerk of the county court that he believes the bond of the defendant will be exhausted by said suit, the said clerk shall notify the liquor dealer thereof, and it shall be the duty of the retail liquor dealer, within twenty days from the time the said bond is exhausted, or in the other event, within twenty days from the time the said notice is given, to give a new bond similar to the bond first given, to be approved in the same way; and until such new bond is

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