CHAPTER LXXI.-An Act to amend Article 784, of Chapter 15, Title 17, of the Penal Code.

Section 1. Be it enacted by the Legislature of the State of Texas: That Article 784, of Chapter 15, Title 17, of the Penal Code, be so amended as hereafter to read as follows:

"Article 784. If any agent of any railroad, steamship, sailing ves"sel, or shipping company of any kind, shall receive for shipment any "horses or cattle, unless such horses or cattle have been duly inspected "according to law, he shall be fined not less than twenty-five nor more "than one thousand dollars for each animal so unlawfully shipped."

Sec. 2. The great necessity for this law, and the near approach of the end of this session of the Legislature, creates an imperative public necessity, and emergency the constitutional rule that bills be read on three several days in each house be suspended, and the same is therefore suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved April 10, 1883.

Takes effect ninety days after adjournment.

CHAPTER LXXII.-An Act to provide for the permanent endowment, in land or its proceeds, of the University of Texas and its branches, including the branch for the instruction of colored youths; and, also, to provide for an equal endowment for the benefit of the permanent common free schools of this State.

Section 1. Be it enacted by the Legislature of the State of Texas, That after the payment of the amounts due from the State to the common free school fund, out of the proceeds of the sales heretofore made, or hereafter to be made, of that portion of the public lands set aside for the payment of the public debt, by an act approved July 14th, 1879, and an act amendatory thereof, approved March 11th, 1881, and the payment directed to be made to the common school and university funds by an act approved Feb'y 23d, 1883, the remainder of said land, not to exceed two million of acres, contained in the counties and territory specially mentioned in said acts, or the proceeds thereof, set aside by said acts for the payment of the public debt, heretofore or hereafter to be received by the State, shall one half thereof constitute a permanent endowment fund for the University of Texas and its branches, including the branch for the instruction of colored youths, and one half thereof shall constitute a permanent endowment fund for the common free schools of this State.

Sec. 2. The importance of the subject embraced in this act, and the limited time allowed for the consideration of the great accumulation of bills now pending, creates an imperative public emergency for the immediate passage of this act, and the public necessity for the suspension of the rule requiring bills to be read on three several days, and that this act take effect and be in force from and after its passage; and it is so enacted. Approved April 10, 1883.

Takes effect after passage.

CHAPTER LXXIII.-An Act to fix the fees of the Department of State, and require the collection of the same.

Section 1. Be it enacted by the Legislature of the State of Texas, That the Department of State shall charge and collect, for the use and benefit of the State, for services rendered in said Department, the following fees, to-wit: For each and every charter, amendment or supplement thereto of a private corporation created for the purpose of operating or constructing a railroad, magnetic telegraph line, or street railway, or express company, authorized or required by law to be recorded in said. Department, a fee of one hundred dollars, to be paid when said charter is filed: provided, that if the authorized capital stock of said corporation shall exceed one hundred thousand dollars, it shall be required to pay an additional fee of twenty five dollars for each one hundred thousand dollars authorized capital stock, or fractional part thereof, after the first; for each and every charter, amendment, or supplement thereto, of a private corporation intended for the support of public worship, any benevolent, charitable, educational, missionary, literary or scientific undertaking, the maintenance of a library, the promotion of painting, music, or other fine arts, the encouragement of agriculture and horticulture, the maintenance of public parks, and facilities for skating and other innocent sports, and the maintenance of a public cemetery, a fee of ten dollars, to be paid when the charter is filed; for each and every charter, amendment, or supplement thereto, of a private corporation, created for any other purpose, intended for mutual profit or benefit, a fee of twenty five dollars shall be paid when the said charter is filed for record: provided, that if the authorized capital stock of said corporation shall exceed ten thousand dollars, it shall be required to pay an additional fee of five dollars for each additional ten thousand dollars of its authorized capital stock, or fractional part thereof, after the first: for each commission to every officer, elected or appointed in this State, a fee of one dollar; and each and every officer elected or appointed in this State is required to apply [for] and receive his commission: provided, that the Secretary of State shall not be required to forward copies of laws to, nor attest the authority of, any officer in this State who fails and refuses to take out his commission as required in this act; for every official certificate, a fee of one dollar; for each warrant or requisition, a fee of two dollars; for each remission of fine or forfeiture, one dollar; for copies of any paper, document or record in his office, for each one hundred words fifteen cents.

Sec. 2. All fees mentioned in this act shall be paid in advance into the office of Secretary of State, and shall be by him paid into the State Treasury monthly.

Sec. 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Sec. 4. Whereas a daily loss accrues to the State for the want of a better fee bill in the Department of State, an imperative public necessity and an emergency exists for the immediate passage of this act, and it is enacted that this act take effect and be in force from and after its passage. Approved April 10, 1883.

Takes effect ninety days after adjournment.

CHAPTER LXXIV.-An Act to establish uniform weights per bushel of wheat, corn and other products of the State.

Section 1. Be it enacted by the Legislature of the State of Texas: That the following shall be the legal number of pounds per bushel: Wheat sixty pounds; corn, shelled fifty-six pounds, corn in the ear, shucked, seventy pounds; unshucked, in ear seventy-two pounds; oats, thirty-two pounds; barley, forty-eight pounds; rye, fifty-six pounds; buck wheat forty-two pounds, white beans sixty pounds; Irish potatoes sixty pounds; sweet potatoes, fifty-five pounds; onions, fifty-seven pounds; turnips fifty-five pounds; dried apples twenty-eight pounds; dried peaches. twenty-eight pounds; bran, twenty pounds; Hungarian grass seed, fortyeight pounds; hemp seed forty-four pounds; flax seed fifty-six pounds; stone coal, eighty pounds; charcoal, twenty-two pounds; salt, fifty pounds; clover seed, sixty pounds, timothy seed forty-five pounds; cotton seed thirty-two pounds; millett seed, fifty pounds.

Sec. 2. All laws coming in conflict with this act, be and the same are hereby repealed.

Approved April 10, 1883.

Takes effect ninety days after adjournment.

CHAPTER LXXV.-An Act to prevent the adulteration of food, wines, beers, fermented or distilled liquors, and drugs.

Section 1. Be it enacted by the Legislature of the State of Texas, That no person shall within this State manufacture, offer for sale, or sell any article of food, wines, beers, fermented or distilled liquors or drugs, which is by him known to be adulterated, within the meaning of this act. Any person violating this provision shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars.

Sec. 2. The term food, as used in this act, shall include every article used for food or drink by man. The term drug, as used in this act, shall include all medicines for internal and external use.

Sec. 3. An article shall be deemed adulterated within the meaning of this act: (a) In the case of drugs

1. If, when sold, under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein..

2. If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other Pharmacopoeia, or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work.

3. If its strength or purity fall below the professed standard under which it is sold.

(b) In the case of food or drinks:

1. If any substance or substances has or have been mixed with it so as to reduce or lower, or injuriously effect its quality or strength.

2. If any inferior or cheaper substance or substances have been substituted, wholly or in part, for the article.

3. If any valuable constituent of the article has been wholly or in part abstracted.

4. If it be an imitation of, or be sold under the name of another article.

5. If it consists, wholly or in part, of a diseased, or decomposed, or putrid, or rotten animal, or vegetable substance, whether manufactured or not; or in the case of milk, if it is the produce of a diseased animal.

6. If it be colored, or coated, or polished, or powdered, whereby damage is concealed, or it is made to appear better than it really is, or of greater value.

7. If it contains any added poisonous ingredient, or any ingredient which may render such article injurious to the health of a person consuming it; provided, that the State Health Officer may, with the approval of the Governor, from time to time, declare certain articles or preparations to be exempt from the provisions of this act; and provided further, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food; provided, that the same are not injurious to health, and that the articles are distinctly labeled as a mixture, stating the components of the mixture.

Sec. 4. It shall be the duty of the State Health Officer to prepare and publish from time to time, lists of the articles, mixtures, or compounds declared to be exempt from the provisions of this act, in accordance with the preceding section. The State Health Officer shall also, from time to time, fix the limits of variability permissible in any article of food, or drug, or compound, the standard of which is not established by any national Pharmacopoeia.

Sec. 5. The State Health Officer shall take cognizance of the interests of the public health, as it relates to the sale of food and drugs, and the adulterations of the same, and make all necessary investigations and inquiries relating thereto. He shall also have the supervision of the appointment of public analysts and chemists, and upon his recommendation, whenever he shall deem any such officers incompetent, the appointment of any and every such officer shall be revoked, and be held to be void and of no effect. Within thirty days after the passage of this act the State Health Officer shall adopt such measures as may seem necessary to facilitate the enforcement of this act, and prepare rules and regulations with regard to the proper method of collecting and examining articles of food or drugs, and for the appointment of the necessary inspectors and analysts, and the said Health Officer shall be authorized to expend an amount not exceeding two thousand dollars, for the purpose of carrying out the provisions of this act; and the sum of two thousand dollars is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the purpose in this section provided.

Sec. 6. Every person selling, or offering, or exposing any article of food or drug for sale, or delivering any article to purchasers, shall be required to serve or supply any public analyst or other agent of the State, or local health officer, appointed under this act, who shall apply to him for that purpose, and on tendering the value of the same, with a sample sufficient for the purpose of analysis of any article which is included in this act, and which is in the possession of the person selling, under a penalty not exceeding fifty dollars for a first offense, and one hundred dollars for each subsequent offense.

Sec. 7. Any violations of the provisions of this act shall be treated and punished as a misdemeanor; and whoever shall impede, obstruct, hinder, or otherwise prevent any analyst, inspector or prosecuting officer in the performance of his duty, shall be guilty of a misdemeanor, and shall be fined in any sum not less than fifty dollars, nor more than five hundred dollars.

Sec. 8. Any acts, or parts of acts inconsistent with the provisions of this act, are hereby repealed.

Sec. 9. All the regulations and declarations of the State Health Officer, made under this act, from time to time and promulgated, shall be printed for general distribution.

Sec. 10. The near approach of the end of the present session of the Legislature, rendering it improbable that this bill can pass through the regular course of legislation, creates an imperative necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and it is so suspended.

Approved April 10, 1883.

Takes effect ninety days after adjournment. ·

CHAPTER LXXVI.-An Act to amend Article 1059, Chapter 3, Title 15, of the Code of Criminal Procedure of the State of Texas.

Section 1. Be it enacted by the Legislature of the State of Texas: That article 1059 of the Code of Criminal Procedure of this State shall hereafter read as follows:

Article 1059. It shall be the duty of the Comptroller, upon the receipt of such claim, and said certified copy of the minutes of said courts, to closely and carefully examine the same, and, if correct to draw his warrant on the State Treasurer for the amount due, and in favor of the officer entitled to the same; provided, that, if the appropriation for paying such accounts is exhausted, the Comptroller shall file the same away, if correct, and issue a certificate in the name of the officer entitled to the same, stating therein the amount of the claim and character of the services performed. And all such claims or accounts not transmitted to or placed on file in the office of Comptroller of Public Accounts, within twelve months from the date of the final disposition of the case in which the services were rendered, shall be forever barred; provided further, that the owners of the claims or accounts that have been barred by the provisions of this article, requiring the same to be transmitted to or placed on file in the office of the Comptroller of Public Accounts, in six months from the date of the final disposition of the case in which the services were rendered, shall have six months from and after the time this act shall take effect to present said claims; and all claims or accounts so presented shall be taken and considered by the Comptroller as claims. presented within the time allowed by law.

Approved April 11, 1883.

Takes effect ninety days after adjournment.