Sec. 3. That the limited period permitted for the session creates an emergency and imperative public necessity that requires the suspension of the rule requiring this bill to be read on three several days, and it is so enacted, and that this act take effect and be in force from and after its passage.

Approved July 2, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER VII.—An act to change and fix the times of holding the terms of the district courts in the eleventh judicial district of this state.

Section 1. Be it enacted by the Legislature of the State of Texas, That the district courts of the eleventh judicial district shall be holden at the times hereinafter specified to wit: In the county of Ellis on the first Mondays in February and September, and may continue in session five (5) weeks; in the county of Dallas, on the second Mondays in March, May, October and December, and may continue in session 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 the time of holding said courts by the passage of this act.

Sec. 3. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Sec. 4. The near approach of the close of the present session of the Legislature creates an emergency which requires the suspension of the constitutional rule requiring all bills to be read upon three several days, and it is therefore suspended; and the further fact that the docket of Dallas county is crowded with business, and that the terms of the district court of Ellis county are, by this act, made to commence on the first Mondays in February and September, creates an imperative public necessity that this act take effect and be in force within ninety days, it is therefore enacted that this act take effect and be in force from and after the thirty-first day of August, A. D. 1879.

Approved July 2, A. D. 1879.

Takes effect from and after the thirty-first day of August, 1879.

CHAPTER VIII.—An act to better provide for the prompt accounting for and payment of public moneys by tax collectors to the proper receiving officers.

Section 1. Be it enacted by the Legislature of the State of Texas, That all tax collectors and other officers or appointees authorized to receive public moneys shall account for all moneys in their hands belonging to the state, and pay the same over to the state treasurer whenever and as often as they may be directed so to do by the comptroller of public accounts; provided, that tax collectors shall have thirty days from the date of such direction within which to comply with the same.

Sec. 2. That all tax collectors and other officers or appointees authorized to receive public moneys, shall account for all moneys in their hands belonging to their respective counties, cities or towns, and pay the same over to the respective county treasurers or city treasurers, whenever and as often as they may be directed so to do by the respective county judges, or county commissioners' courts, or mayor or board of aldermen; provided, that tax collectors shall have ten days from the date of such direction within which to comply with the same.

Sec. 3. The notification and direction provided for in the two preceding sections may be verbal, written or by telegram; and if written or by telegram, proof of the deposit in the postoffice or telegraph office of such notification and direction, with postage or charges duly prepaid and correctly addressed, shall be prima facie evidence of the fact of such notification and direction having been given, and of the time when the same was given.

Sec. 4. Every tax collector, or other officer or appointee, authorized to receive public moneys, failing wilfully or negligently to comply with such direction and notification, as prescribed in sections one and two of this act shall be deemed guilty of a felony, and shall be punished by imprisonment in the penitentiary for not less than three nor more than ten years.

Sec. 5. Prosecutions for failing to account for and pay over public moneys belonging to the state, as required by this act, shall be conducted in Travis county.

Sec. 6. Prosecutions for failing to account for and pay over public moneys belonging to the respective counties, cities or towns, as required by this act, shall be conducted in the county to which such public moneys may belong, or in the county where such city or town is situated.

Sec. 7. The provisions of this act shall be cumulative to the provisions of title ninety-five, chapter four of the Revised Civil Statutes, concerning the collection of taxes, and of title four, chapter three of the Criminal Code, concerning the mis-application of public moneys, except where the latter may be in conflict with this act; and the provisions of said titles and chapters when in conflict with this act, and all other acts in conflict with this act, are hereby repealed.

Sec. 8. Whereas, there exists an imperative public necessity that the revenues of the state and counties shall at once become available; be it further enacted, that this act shall take effect from and after its passage. Approved July 2, A. D. 1879.

Takes effect from and after its passage.

CHAPTER IX.-An act to postpone the time for the forced collection. of taxes by levy and sale, until the 31st day of October, A. D. 1879, in such county or counties in this state as had no legal collector of taxes for the twelve months prior to the first day of March, A. D.

1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That the time for the collection of all back taxes by seizure, levy or sale, in each and every county in this state which had no legal collector of taxes for twelve months prior to the first day of March, A. D. 1879, is hereby extended until the thirty-first day of October, A. D. 1879.

Sec. 2. It shall be the duty of the collector of taxes, in such county or counties as come under the provisions of section one of this act, to use all necessary diligence to collect the taxes due and unpaid in his county, but he is hereby prohibited from the seizure or sale of property until the said thirty-first day of October, A. D. 1879.

Sec. 3. If any person, firm, corporation or association of persons, shall fail or refuse to pay the taxes imposed by law and which are due and unpaid, in such county or counties as are mentioned in the caption and first section of this act, until the said thirty-first day of October, A. D. 1879, the collector of taxes in said county shall forthwith and promptly seize, levy upon and sell so much property belonging to such person, firm, corporation or association of persons, whether residents or non-residents, as may be sufficient to pay his or their taxes and penalties due, together with all costs accruing thereon in accordance with the law then in force for the collection of delinquent taxes.

Sec. 4. Whereas, the time for the forced collection of taxes is already at hand, therefore, an imperative public necessity and an emergency exists demanding the suspension of the constitutional rule requiring a bill to be read on three several days, it is therefore suspended, and that this act take effect and be in force from and after its passage, and it is therefore so enacted.

Approved July 2, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER X.-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.

Section 1. Be it enacted by the Legislature of the State of Texas, That the county court of Navarro county shall have and exercise the general jurisdiction of a probate court; shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis and common drunkards, grant letters testamentary and of administration, settle accounts of executors, administrators and guardians, transact all business appertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis and common drunkards, including the settlement, partition and distribution of estates of deceased persons, and to apprentice minors as provided by law, and to issue all writs necessary to the enforcement of its said jurisdiction, to punish contempts under such provisions as are or may be provided by general law governing county courts throughout the state; but said county court of Navarro county shall have no other civil jurisdiction whatsoever.

Sec. 2. That said county court shall have and exercise such jurisdiction over and pertaining to criminal matters and proceedings as by general laws of this state is conferred upon county courts.

Sec. 3. That the district court of said Navarro county shall have and exercise jurisdiction in all civil matters and causes over which, by the general laws of this state, the county court of said county would have jurisdiction, except as provided in section one of this act; and that all causes other than probate matters, and such as are provided by sections one and two of this act, be and the same are hereby transferred to

the district court of said Navarro county, and all writs and process relating to civil matters heretofore issued by, or out of, said county court of Navarro county other than those pertaining to matters over which by section one of this act jurisdiction is given to said county court of said county, be and the same are hereby made returnable to the next term of the said district court of Navarro county.

Sec. 4. That the county clerk of said Navarro county be and he is hereby required within twenty days after the passage of this act, to make a fair and complete transcript of all entries upon his civil dockets heretofore made in causes which by section three of this act are transferred to the district court of said county, and deliver the same to the district clerk of said county, together with all papers to such causes pertaining, and all such cases shall immediately be docketed by said district clerk, and such civil cases so transferred shall stand on the docket of said court as appearance cases for the next succeeding term of said court.

Sec. 5. That this act shall not be construed to in any manner affect judgments heretofore rendered by said county court of Navarro county, pertaining to matters and causes which by section three of this act are transferred to the district court of said county, but the county clerk of said county shall issue all executions and orders of sale as the judgments in such cases require, and such executions and orders of sale and the proceedings thereunder shall be as valid and binding to all intents and purposes as though no change had been made, as by section three of this act is contemplated.

Sec. 6. That all laws and parts of laws in conflict with this act be and they are hereby repealed.

Sec. 7. The limited time allotted to the present session of this Legislature and the urgent need of the provisions of this act, creates an imperative public necessity that the rules be suspended and that this act be put upon its immediate and final passage; and the fact that the benefits to be derived from it by Navarro county will be greatly enhanced by its immediate action and effect, creates an emergency, and it is therefore enacted that this act take effect and be in force from and after its passage.

Approved July 2, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XI.-An act to amend the ninth section of "an act establishing the tenth, twelfth, thirtieth, twenty-eighth, twenty-ninth and thirteenth judicial districts, prescribing the times of holding the district courts therein, and providing for the appointment of district judges for the twenty-eighth, twenty-ninth and thirtieth judicial districts," approved February 22, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That the ninth section of the above recited act be so amended as to read as follows:

"Section 9. That the district courts in the counties composing the thirteenth judicial district shall be holden as follows: In the county of Freestone, on the first Mondays in April and December, and may continue in session four weeks; in the county of Navarro, on the fifth Mondays

after the first Mondays in April, August, and Decmber, and may continue in session six weeks; in the county of Limestone, on the eleventh Mondays after the first Mondays in April, August, and December, and may continue in session until the business is disposed of."

Approved July 2, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XII.-An act to enable the municipal authorities of towns, cities, and the commissioners' courts of the counties wherein such towns and cities are situated, to co-operate with each other in improvements connected with the town or city and county necessary to promote the sanitary regulations thereof.

Section 1. Be it enacted by the Legislature of the State of Texas, That the municipal authorities of towns and cities, and commissioners' courts of the counties wherein such towns and cities are situated, may co-operate with each other in making such improvements connected with. said towns, cities and counties as may be deemed by said authorities and courts necessary to improve the public health and to promote efficient sanitary regulations; and, by mutual arrangement, they may provide for the construction of said improvements and the payment therefor.

Sec. 2. Owing to the amount of business now pending before this extra session, there exists an imperative public necessity for dispensing with the rule which requires this bill to be read on three several days, and the near approach of the epidemic season in some portions of the state creates an emergency requiring this act to be in force from and after its passage; and it is so enacted.

Approved July 4, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XIII.-An act to better provide for and facilitate the collection of all judgments in favor of the state or any county thereof.

Section 1. Be it enacted by the Legislature of the State of Texas, That in any case wherein any property shall be sold by virtue of any execution or order of sale issued upon any judgment in favor of the state, except executions issued upon judgments in cases of scire facias, the agent or attorney representing the state by and with the advice and consent of the attorney general of the state, is hereby authorized and required to attend such sales, and bid on and buy in for the state said property, when it shall be deemed proper to protect the interest of the state in the collection of such judgment; provided, that in no case shall the amount bid by him exceed the amount necessary to satisfy said judgment and all costs due thereon.

Sec. 2. That in all cases where property is so purchased by the state, the officer selling the same shall execute and deliver to the state a deed of conveyance to the same, such as is prescribed for individuals in similar

cases.

Sec. 3. The agent or attorney of the state buying for the state any such property at such sale, shall be authorized by and with the advice.