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tion, justifies the suspension of the rule requiring this bill to be read on three several days, and it is suspended, and creates an emergency which requires that this act take effect from and after its passage, and it is so enacted.

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

CHAPTER XXXVII.—An act to repeal "An act to diminish the civil jurisdiction of the county court of Navarro county and to conform the jurisdiction of the district court of said county to such change," approved July 2, A. D. 1879, and to prescribe the jurisdiction of said county court.

Section 1. Be it enacted by the Legislature of the State of Texas, That an act entitled "An act to diminish the civil jurisdiction of the county court of Navarro county, and to conform the jurisdiction of the district court of said county to such change," approved July 2, A. D. 1879, be and the same is hereby repealed.

Sec. 2. That said county court be and the same is hereby re-invested with the jurisdiction, criminal and civil, which it had and exercised prior to the passage of said act diminishing the jurisdiction of said court.

Sec. 3. That all causes now pending in the district court of said county of Navarro, over which the county court of that county would have jurisdiction under the constitution, shall be transferred to said county court, and all causes now pending in said district court, over which said district and county courts have concurrent jurisdiction, shall, upon the written motion of either party thereto, filed with the clerk of said district court, be transferred to said county court, and all causes so transferred shall be docketed in said county court and stand for trial as appearance causes in that court.

Sec. 4. That the district clerk of said county of Navarro be and he is hereby required, within twenty days after the passage of this act, to make a full and complete transcript of all entries made upon the dockets of said district court in all causes which will be by section three of this act transferred from said court, and shall deliver the same and all the papers of each cause to the clerk of said county court.

Sec. 5. The crowded condition of the dockets of said district court creates an emergency that this act take effect and be in force from and after its passage, and it is so enacted.

Approved March 12, A. D. 1881.
Takes effect from passage.

CHAPTER XXXVIII.-An act to amend articles 423, 424, 425, 426, 427, 428, 429 and 430a, and to create article 4261, and to repeal article 430 of chapter 5, title 13, of the Penal Code of the Revised Statutes, for the protection of fish and game.

Section 1. Be it enacted by the Legislature of the State of Texas, That articles 423, 424, 425, 426, 427, 428, 429 and 430a, of chapter 5, title 13, of the Penal Code be so amended, and article 4261⁄2 be enacted, to read as follows:

"Article 423. No person shall throw, drag or haul any fish net, seine or

other contrivance for the purpose of catching fish (except the ordinary pole, line and hook, or trot line) in any stream, lake or pool of water within the State, not his own, above tidewater, between the first day of February and the first day of July of each year; and at no time of the year in such waters shall any one be permitted to drag or haul any fish net or seine with meshes less than two and a half inches square; and any one violating the provisions of this article shall, upon conviction, be fined in a sum of not less than five nor more than fifty dollars.

"Article 424. For the purpose of thoroughly protecting the fish now being propagated in our brooks, tanks, ponds, lakes, creeks, rivulets and rivers, not private and individual property, no person shall be permitted to set, place or use any fixed net, trap, or other contrivances for trapping fish in said waters; and any one violating the provisions of this article shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any justice of the peace or other court of competent jurisdiction, he shall be fined in a sum of not less than fifteen dollars nor more than seventy-five dollars, together with all costs in the case accruing, which fine shall go to the common school fund; and each day that any fixed net, trap, or contrivance for trapping fish, as contemplated by this article, shall remain set or placed shall constitute a separate offense under this article; provided, that nothing in this bill shall be construed as to prohibit the fish commissioner of this State from taking any and all fish at any time and by any means for breeding and scientific purposes, and for stocking other waters.

"Article 425. If any person shall catch or take, or attempt to catch or take, any fish in the State by use of lime, china berries, or any other poisonous substances placed in the water, he shall be fined in a sum of not less than fifty nor more than one hundred and fifty dollars.

"Article 426. It shall hereafter be unlawful for any person to kill, trap, ensnare, or in any way destroy, any wild deer in the period of time. embraced between the first day of December in any year and the first day of June of the next year, and any violation of this provision shall be considered a misdemeanor, and, upon conviction before any justice of the peace or other court of competent jurisdiction, shall be fined in a sum of not less than twenty-five dollars nor more than fifty dollars, together with the costs of suit, which fine shall go to the common school fund; and, upon conviction of said offense, as well as these provided against in articles 424 and 425 of this chapter, the person so offending and convicted shall stand committed to jail until such fines and costs are paid; and any butcher, huckster, marketer, carrier or express agent, or any person found in possession of fresh killed venison one day before the above specified open season begins, or ten days after the open season is closed, shall be deemed equally guilty of the violation of the provisions of this article, and liable to the same proceedings therein provided.

"Article 4263. It shall be unlawful for any person to kill, or to trap for immediate use or for market, any wild turkey in the period of time of each year between the fifteenth day of May and the first day of September, and any one so offending shall be proceeded against as provided in article 426 of this act, and, upon conviction, fined in the sum of twenty-five dollars, the same to be used in accordance with the provisions of that article.

"Article 427. If any person shall in any manner catch or kill any pinnated grouse (prairie chickens) in this State in the months of March, April, May, June and July he shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any justice of the peace or other

court of competent jurisdiction, shall be fined in the sum of ten dollars, together with the cost of the suit, the fine to be disposed of in accordance with the provisions on that subject in article 426 of this act.

"Article 428. If any person shall in any manner catch or kill any quail or partridges in this State in the months of March, April, May, June, July and August of any year, he shall be punished as prescribed in article 427 of this act; and the netting of partridges is hereby entirely prohibited under a like penalty for the infraction of this provision, and under the proceedings governing said article 427.

"Article 429. If any person shall wilfully kill, or in any manner injure, any mocking-bird, whippoorwill, night hawk, blue bird, red bird, finch, thrush, linnet, wren, martin, swallow, bobolink, cat bird, nonpareil, scissor-tail, sparrow, buzzard or carrion crow he shall be deemed guilty of a misdemeanor, and, upon conviction before a justice of the peace, or other court of competent jurisdiction, he shall be fined in a sum of not less than five nor more than fifteen dollars.

"Article 430. That the following counties are hereby exempted from the provisions of articles 426, 4261, 427, 428 and 429 of this chapter, to-wit: Jasper, Newton, Hardin, Liberty, McLennan, Nacogdoches, Waller, Hood, Bosque, Somervell, Williamson, Lampasas, Sabine, San Augustine, Shelby, Titus, Franklin, Delta, Red River, Hunt, Rockwall, Henderson, Raines, Wood, Coryell, Hamilton, Brown, Coleman, Runnels, Johnson, Cook, Morris, Rusk, Panola, Grayson, Denton, Leon, San Jacinto, Polk, Tyler, Wise, Montague, Clay, and the unorganized counties attached to the same for judicial purposes; Ellis, Robertson, Anderson, Tom Green, Hill, Lamar, Freestone, Cherokee, Bowie, Taylor, Callahan, Shackleford, Stephens, Eastland, Erath, Comanche, Palo Pinto, Limestone, Navarro, Madison, Walker, Trinity and Austin; provided, that the counties of Orange, Jasper and Newton shall be exempted from the provisions of article 426; provided further, that the counties of Lavaca and Delta are hereby exempted from the provisions of articles 426 and 429."

Sec. 2. That the following counties are also hereby exempted from the provisions of articles 426, 4263, 427, 428 and 429 of this chapter, to-wit: Kaufman, Hopkins, Milam, Tarrant, Liberty, Jefferson, Chambers, Hardin, Archer, Baylor, Oldham, Wheeler, and the unorganized counties attached to them, and Angelina; provided, that these exemptions from the operation of this law shall not apply to articles 423, 424 and 425; provided, that the counties of Fort Bend, Waller, Wharton, Grimes, Brazos, Angelina, Van Zandt, Polk, San Jacinto, Walker, Tyler, Trinity, Throckmorton, Parker, Jack and Young are hereby exempted from the provisions of this act; provided further, that the county of Houston is hereby exempted from the provisions of articles 424, 426, 4261, 427, 428 and 429 of this act.

Sec. 3. Whereas, the game laws now in force are wholly inadequate to protect the game of this State from cruel and wanton destruction, therefore an emergency exists and an imperative public necessity demands that the constitutional rule requiring a bill to be read on three several days be suspended, and that this bill take effect and be in force from and after its passage.

Approved March 15, A. D. 1881.
Takes effect from passage.

CHAPTER XXXIX.—An act to amend article 1974, and to establish articles 1802a and 1822a of the Revised Civil Statutes of the State of Texas, concerning estates of deceased persons.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 1974 of the Revised Civil Statutes of the State of Texas be amended, and that there be known in said statutes articles 1802a and 1822a, concerning estates of deceased persons, to read as follows, to wit:

"Article 1974. Executors and administrators may be removed by the county judge on his own motion, or on the complaint of any person interested in the estate, after being cited to answer such motion or complaint at a regular term of the court, in the following cases:

"1. When there shall appear sufficient grounds to believe that they have misapplied, embezzled or removed from the State the property, or any part thereof, committed to their charge, or that they are about to misapply, embezzle or remove from the State any of such property.

"2. When it is proved that they have been guilty of gross neglect or mismanagement in the performance of their duties as such executors or administrators.

"3. When they fail to obey any order of the court consistent with this title, made in relation to the estate committed to their charge.

"4. When an executor or administrator becomes of unsound mind, or from any other cause is incapable of performing the duties of his trust.

"5. When they fail to make an annual exhibit fully showing the condition of the estate they represent, or fail to make to the court any exhibit they are required to make by law.

"6. When they fail to make a final settlement for three years after the grant of letters, unless the time be extended by the court, after satisfactory showing being made under oath."

"Article 1802a. When the probate docket is taken up, it shall be disposed of with dispatch, without an adjournment of the court for more than three days at any one time; and, in case of such adjournment the reason therefor must appear upon the minutes."

"Article 1822a. Executors and administrators shall be required to make annual exhibits under oath, fully showing the condition of the estate; they shall be required to make final settlement of the estates they represent within three years from grant of letters, unless the time be extended by the court after satisfactory showing being made under oath; and upon failure in either case, shall be removed as provided in article

1974."

Approved March 15, A. D. 1881.

Take effect ninety days after adjournment.

CHAPTER XL.-An act to amend article 1081, chapter 3, title 15, of the Code of Criminal Procedure, adopted February 21, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 1081 of the Code of Criminal Procedure of this State shall hereafter read as follows, viz:

"Article 1081. Each juror who serves in the trial of any criminal case in any court having criminal jurisdiction, or who has been sworn as a juror

for the term or week, shall receive two dollars for each day and for each fraction of a day he may serve or attend as such juror; provided, that this provision shall not extend to mayors' and recorders' courts taking cognizance of offenses against municipal ordinances; provided further, that jurors in justices' courts, who serve in the trial of criminal cases in such courts, shall receive fifty cents in each case they may sit as jurors; provided, that no juror in such courts shall receive more than one dollar for each day or fraction of a day he may serve as such juror."

Sec. 2. Justices of the peace shall report to the county clerk, on the first Monday in each month, the names of the persons who have served as jurors in his court for the preceding month, and the number of days and fractions of days that they have served respectively, and the number of cases in which they have served respectively on each of said days or fractional days; and it shall be the duty of the county clerk to issue his warrant against the county treasurer in favor of each of the persons so serving as jurors. Every justice failing to make and file such report shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than twenty-five nor more than two hundred and fifty dollars.

Sec. 3. Whereas, the present law entails upon citizens of the State services burdensome, and in many instances unremunerated, and thereby creates an imperative public necessity and an emergency for the immediate passage of this act, it shall therefore take effect and be in force from and after its passage.

Approved March 15, A. D. 1881.

Take effect ninety days after adjournment.

CHAPTER XLI.-An act to procure from the publishing house owning the copyright, certain volumes of the early reports of the supreme court of the State, and to make an appropriation therefor.

Section 1. Be it enacted by the Legislature of the State of Texas, That the secretary of state be and he is hereby authorized to purchase from the publishing house owning the copyright, three hundred copies, for the use of the State, of each of the volumes of Decisions of the Supreme Court of Texas, now out of print, or needed by the State, at a price not to exceed four dollars per copy, and the sum of twelve thousand dollars is appropriated to carry out the provisions of this bill.

Sec. 2. That the character of work, binding, style of type, weight, and quality of paper, shall be as in volume 52 of the Texas Reports.

Sec. 3. Whereas, a number of the counties of this State have never been furnished with complete sets of Supreme Court Reports of Texas, and whereas, it is important that such counties should be furnished with full sets of said reports, therefore, an imperative necessity and emergency exists that this bill should be in force from and after its passage, and it is hereby so enacted.

Approved March 15, A. D. 1881.

Takes effect ninety days after adjournment.

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