and consent of the attorney general, at any time to sell or otherwise dispose of said property so purchased, in the manner and upon such terms and conditions as he may deem most advantageous to the state; and if sold or disposed of for a greater amount than is necessary to pay off the amount due upon the judgment and all costs, the remainder shall be paid into the state treasury and placed to the credit of the general revenue; and when such sale is made the attorney general shall, in the name of the state, execute and deliver to the purchaser a deed of conveyance to said property, which deed when, so signed by him, shall vest all the right and title to the same in the purchaser thereof.

Sec. 4. When any such property is sold under execution or order of sale issued upon any judgment in favor of the county, including executions issued upon judgments in cases of scire facias in the name of the state, the attorney or agent so representing the county, by and with the advice and consent of the commissioners' court, shall have the same authority to buy in and dispose of such property for the county, as the agent or attorney for the state is given in this act in similar cases; and when any property is so purchased by the agent or attorney of the county, the officer so selling the same shall execute and deliver to the county a deed of conveyance to the same; and whenever the property so bought in for the county is sold, the county commissioners' court shall execute and deliver to the purchaser thereof a deed of conveyance in the name of the county to such property.

Sec. 5. That whenever the principal and sureties upon any judgment held by the state are insolvent so that under any existing process of law said judgment or any part thereof cannot be collected, there shall be and is hereby constituted a board consisting of the attorney general, comptroller and treasurer of the state, who are hereby empowered and authorized by such advertising as they may deem necessary to offer for sale at public outery, or by private sale, as they may deem to the best interest of the state, all the right of the state to such judgment; and if by public sale, if the amount bid on the same should not be deemed sufficient, they shall refuse to accept the same, and dispose of the same in any manner deemed by them most advantageous to the interest of the state, and upon sale shall make a proper assignment of said judgment to the purchaser.

Sec. 6. Upon any like judgment, the proceeds of which revert to and belong to any county, the county commissioners' court shall constitute a board to dispose of the same for the county in the same manner, and shall have the same power in the premises as the state board has under the provisions of this act.

Sec. 7. There being in force no efficient law upon this subject in this state, this act shall take effect and be in force from and after its passage. Approved July 4, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XIV.-An act to provide for the transfer of judgments rendered in the county courts where the civil and criminal jurisdiction (or either) has been transferred to the district courts, and to authorize the enforcement thereof.

Section 1. Be it enacted by the Legislature of the State of Texas, That it shall be the duty of the clerks of the county courts of the several counties in this state, where the civil and criminal jurisdiction

(or either) of the county court has been transferred to the district court, to make out a certified copy of all judgments remaining unsatisfied, which have been rendered in civil or criminal cases in the county court, and transmit the same to the clerk of the district court of their respective counties.

Sec. 2. When the clerk of the district court of any county in the state, where the civil and criminal jurisdiction (or either) of the county court has been transferred to the district court, shall receive from the clerk of the county court a certified copy of a judgment rendered in any civil or criminal case in the county court, he shall immediately record such judgment in the minutes of the district court; and thereupon the said district court shall have the power to enforce said judgments by execution or otherwise, as other judgments rendered in said district court are or may be enforced.

Sec. 3. Whereas, the Sixteenth Legislature passed an act diminishing the civil and criminal jurisdiction of the county courts of certain counties in this state, which will take effect on the twenty-fourth day of July, A. D. 1879; and whereas, it is necessary, and public policy requires, that this act should take effect at the same time; therefore, an emergency exists that this act take effect and be in force from and after the twentyfourth day of July, A. D. 1879, and it is so enacted.

Sec. 4. The great amount of business now before the Legislature, and the short time remaining to this session, renders it doubtful whether this bill can be read on three several days; therefore an imperative necessity exists which authorizes the suspension of the rule requiring bills to be read on three several days, and said rule is therefore suspended. Approved July 4, A. D. 1879.

Takes effect on the twenty-fourth day of July, 1879.

CHAPTER XV.-An act to equalize and regulate the pay and arming of all military or police companies organized and operated under any law of this state, except those organized under the militia law.

Section 1. Be it enacted by the Legislature of the State of Texas, That the pay of officers and men in any military or police company organized under any law of this state, except those organized under the militia law, shall be as follows: For captains, one hundred dollars; for lieutenants, seventy-five dollars; for first sergeants, fifty dollars; for other duty sergeants, forty dollars; for corporals, thirty-five dollars; for privates, thirty dollars per month for each month of actual service, and nothing shall be paid by way of commutation.

Sec. 2. The state shall furnish necessary ammunition, and to each officer, non-commissioned officer and private, all necessary arms at cost, the price of which shall be deducted from the first money due them by the state; provided, that when any of the forces in service in this state shall be regularly discharged from said companies, any arms in their possession may be returned to the state at their reasonable value at the time of their return, said value to be determined by the adjutant general, provided said arms be in good condition; provided further, that any person enlisting in said service may have the right to furnish their own arms, provided they be of the same kind and calibre.

Sec. 3. The provisions of any law in any way conflicting with this act, be and the same are hereby repealed.

Sec. 4. Whereas, there are now laws in force making a difference between the pay and arming of the military forces of this state, thereby discriminating between said forces, an emergency exists that this act take effect from and after its passage, and it is so enacted.

Approved July 4, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XVI.-An act to amend article 1136, chapter one, title twenty-eight of the Revised Civil Statutes, adopted Feb. 21, 1879.

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

"Article 1136. County judges in those counties wherein the civil or criminal jurisdiction of the county courts has been or may hereafter be diminished shall have the right to practice as attorneys in all justices' and county courts in cases wherein the courts over which they preside have neither original nor appellate jurisdiction, provided they are licensed lawyers."

Sec. 2. Whereas, under the constitution the present session of the Legislature is limited to thirty days, a great portion of which has already expired; and whereas, under existing laws county judges are deprived of practicing in county and other inferior courts; therefore, an emergency exists and an imperative public necessity demands the suspension of the constitutional rule which requires a bill to be read on three several days and that this law take effect and 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 XVII.--An act to enforce the collection of delinquent taxes.

Section 1. Be it enacted by the Legislature of the State of Texas, That the comptroller of public accounts be and he is hereby required to prepare and forward to the county commissioners' court of the several counties of this state, a full and complete abstract of the yearly delinquent list of taxes upon lands in their respective counties, assessed since the first day of January, 1870, showing upon what lands such taxes are due, the year the same was assessed, the amount due the state for each year and the amount due the county for each year; and he shall describe each tract in the same manner as it is described on the tax rolls by the party assessing the same, and shall also state by and for whom rendered, and shall certify officially to the facts set forth in said list.

Sec. 2. Upon receipt of said list, the county commissioners' court shall carefully examine the same, and see that the taxes, both general and special, due said county, are accurately stated and correct any inaccuracies or omissions that may have been made therein, and shall attach

to the same a certificate that it is correct so far as it relates to the county taxes, and shall thereupon deliver the same to the collector of taxes for such county, who shall at once post a copy of said delinquent list at the court house door and at least two other public places in the county, in different justices' precincts, requiring the owners of said land to come forward and pay said taxes.

Sec. 3. All lands and town lots rendered in one county and situated in another county, shall be made out by the comptroller on a separate list and forwarded to the commissioners' court of the county where such lands are situated; and if any of such lands are situated in any unorganized county, then the comptroller shall forward a list of such lands to the commissioners' court of the county to which such unorganized county is attached for judicial purposes.

Sec. 4. At the expiration of sixty days after posting said notices, if said taxes, or any part of them, are unpaid, or satisfactory evidence furnished the collector of taxes that the taxes have been paid, the collector of taxes shall, by virtue of his roll, seize, levy upon and sell so much property belonging to the person, firm, company or corporation, whether residents or non-residents, against whom the taxes were assessed and due and unpaid as may be sufficient to pay his, her or their taxes and penalties due, together with all costs accruing thereon; provided, however, that if such person, firm, company or corporation, his, her or their agent or attorney, shall point out to the collector of taxes sufficient property belonging to the party assessed, in said county, to pay said taxes before the expiration of the sixty days, as above provided, then the collector of taxes shall levy upon and sell the property so pointed out; and in case the property seized and levied upon is personal property, the collector shall proceed to take into his possession so much thereof as will pay the taxes assessed and due, together with all penalties due and costs. accruing thereon.

Sec. 5. Every collector of taxes, for personal property, shall give notice of the time and place of the sale of the property so levied on, at least ten days previous to the day of sale, by advertisement in writing, to be posted up, one at the court house door of his county, and one in two other public places in the county; and such sale shall take place at the court house door of the county in which the property is situated, by public auction; and if the property so levied upon proves to be insufficient to satisfy the taxes and penalties due and costs accruing thereon, the collector shall seize and levy upon and sell so much other taxable property belonging to the person, firm, company or corporation, as will be sufficient to satisfy such tax, penalties and costs, in the manner prescribed in the preceding part of this section; provided, should the property sold bring more than the taxes, penalties and costs, the remainder shall be paid to the owner by the collector, or deposited by him in the county treasurer's office, subject to the order of the party or parties owning said property.

Sec. 6. If the taxes upon any land or town lots in this state are not paid before the expiration of the sixty days provided for in section four of this act, the collector of taxes shall seize, levy upon and sell such land or town lots, whether belonging to residents or non-residents, for the payment of all taxes and penalties due thereon, together with all costs. which have or may accrue thereon; and he shall advertise the same for sale in some newspaper published in the county for three successive weeks, if there be one, and if there be no newspaper in the county, then by posting said advertisement for thirty days at the court house door

and three other public places in the county where the land or lots are situated, giving in said advertisement such description as is given to the same on the certified statements furnished him by the commissioners' court, as furnished the court by the comptroller of public accounts; giving the name of the owner if known, and if unknown, say "unknown," together with time, place and terms of said sale; said sale to be for cash, to the highest bidder at public outcry, at the court house door; which sales shall be between legal hours, on the first Tuesday of the month; provided, if the sale of all the lands and town lots advertised is not made in one day, the sale shall be continued from day to day. The collector of taxes shall make proclamation at the close of each day of the continuance of the sale the following day, and as far as practicable all the lands and town lots seized shall be advertised in one notice; provided, that the owner of such lands, or his agent, shall, upon the payment of all delinquent taxes due upon said lands since January 1, A: D. 1873, prior to the day upon which said land is advertised to be sold, he shall receive a full and complete acquittance from all delinquent taxes due upon such land.

Sec. 7. The collector of taxes, in making sales for taxes due upon real estate, shall sell at auction at the time and place appointed so much of said real estate as may be necessary to pay the taxes and penalties due, and all costs accruing thereon; and shall offer said real estate to the bidder who will pay the taxes and penalties due and costs of sale and execution of deed for the least amount of said real estate, which bidder shall be considered the highest bidder. Should a less amount of said real estate than the whole tract or parcel of said real estate levied upon be sold for the taxes and penalties due and all costs of sale and execution of deed, the collector shall, in making his deed to the purchaser, begin at some corner of said tract or parcel of land or town lot, and designate the same in a square as near as practicable.

Sec. 8. The collector of taxes shall execute and deliver to the purchaser, upon the payment of the amount for which the estate was sold, and costs and penalties, a deed for the real estate sold; which deed shall vest a good and absolute fee in said lands or lots to the purchaser, if not redeemed in two years as herein provided for; which deed shall state the cause of sale, the amount sold, the price for which the real estate was sold, the name of the person, firm, company or corporation against whom the taxes were assessed provided the name is known, and if unknown, say "unknown;" and when real estate has been sold, he shall convey, subject to the right of redemption provided for in the following section, all the right and interest which the former owner had therein at the time when the assessment was made, or when the sale was made.

Sec. 9. The owner of real estate sold for the payment of taxes, or his heirs or assigns, or legal representative, may, within two years from the date of sale, redeem the estate sold by paying or tendering to the purchaser, his heirs or legal representative, double the amount of money paid for the land or lots, together with all the subsequent taxes that the purchaser has paid on the same from the day of purchase to the day of redemption. The collector of taxes shall give in said deed such description of the real estate as is given on the certified roll or list as shall be furnished him as is required by the provisions of this act, and such other descriptions as may be necessary to the better identification of the same.

Sec. 10. The provisions of this act in reference to the seizure and sale of real and personal property for taxes, penalties and costs due thereon,