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of the original articles of the acts adopting the Codes and Revised Statutes, and when new articles have been added to any chapter and title, he shall insert the new articles in their proper places, and shall note by marginal or foot references to the page of an act amending an article, or by which a new article was enacted; and where any general law passed by the Sixteenth Legislature modifies an article, but the same is not amended and re-enacted in said law, he shall leave the article of the Codes and Revised Statutes as it was adopted, but shall by note refer to the law so modifying the article. He shall complete this part of his work by the time the publisher contracted with under this act is ready for the copy. And the codifier appointed under the section of which this is an amendment shall copy all amendments to said Codes and Revised Statutes passed at the present extra session of the Sixteenth Legislature, so soon as signed by the governor, and insert them in their proper places and shall note all laws passed at said session that may modify, but do not in terms amend an article or chapter of said Codes and Revised Statutes. He shall prepare an accurate index of each Code and the Revised Statutes as amended, and shall read and revise the proof of the Statutes, indices, etc., as printed. For his services he shall receive the same compensation as was allowed the commissioners who revised the Codes and Revised Statutes for the time he is necessarily engaged in the duties required of him, the same to be paid from time to time, not to exceed six hundred dollars, upon certificate of the governor. That the sum of two hundred and fifty dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the treasury not otherwise appropriated to carry this act into effect. The printing board may, in their discretion, cause said volume of Revised Statutes to be electrotyped or sereotyped (stereotyped) as may seem best; provided, that nothing contained in this amendment shall be so construed as to in any wise interfere with the contract already made for the publication of said Revised Statutes further than to secure the insertion of the amendments aforesaid; and provided further, that the contractors for the publication thereof will insert the amended articles of the present extra session as herein provided at not exceeding fifty dollars of additional cost to the state and above the present contract price therefor."

Sec. 2 (3). The necessity for the publication of the Revised Statutes of Texas in as complete a form as possible, and their early distribution among the people create a public necessity and emergency that the rule requiring this bill to be read on three several days be suspended, and that this act take effect and be in force from and after its passage; and it is so enacted.

Approved July 5, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XXI.-An act prescribing the times of holding the district. courts in the several counties composing the twenty-second judicial district.

Section 1. Be it enacted by the Legislature of the State of Texas, That the terms of the district court for the twenty-second judicial district shall be held in the several counties thereof at the times hereinafter specified, in each year, to wit:

In the county of Atascosa, beginning on the first Mondays in May and November, and to continue in session two weeks.

In the county of Bexar, beginning on the first Monday in March and to continue in session eight weeks; on the first Monday in June, and to contiue in session four weeks; on the first Monday in September, and to continue in session eight weeks; and on the first Monday in December, and to continue in session eight weeks:

In the county of Comal, beginning on the third Mondays of May and November, and to continue in session two weeks.

Sec. 2. All writs and process returnable to the said district courts as heretofore fixed shall be returnable to the several terms as fixed by this act, and shall be as valid and binding as if no change had been made.

Sec. 3. All laws and parts of laws heretofore enacted which conflict with any of the provisions of this act are hereby repealed.

Sec. 4. And whereas the changes herein made of the times of holding the district courts in the twenty-second judicial district would cause a conflict between the existing law and this act, should this act not take effect until ninety days after the adjournment of this session of the Legislature, and the September term of the district court in the county of Bexar coming on prior to the expiration of the said ninety days, an emergency exists such as is contemplated by the constitution in such cases, and it is therefore enacted that this act take effect and be in force from and after the first day of August, 1879.

Sec. 5. The short duration of the present session of the Legislature, and the vast amount of business before the same creates an imperative public necessity that the rule requiring bills to be read on three several days be, in case of this act, suspended, and that the same be passed at once, and it is accordingly so enacted.

Approved July 5, A. D. 1879.

Takes effect from and after first day of August.

CHAPTER XXII.-An act to amend article 1652, chapter five, of title ninety-three of the Revised Civil Statutes.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 4652, chapter 5 of title 93 of the Revised Civil Statutes shall hereafter read as follows:

"Article 4652. Whenever any person shall be about to drive or ship any stock out of the state, if the inspector shall believe, or is informed by any credible person that said person has other stock in his herd than those covered by his original certificate of inspection, or by subsequent purchase duly attested by proper bill of sale, the inspector at said point of shipment or border county where said person leaves the state, shall be authorized to inspect said stock in the same manner as in the original inspection; and if any stock is found in said herd other than those covered by his original certificate of inspection, or by subsequent purchase duly and properly authenticated by bill of sale, the fees of said inspector shall be paid as provided in article 4635 of this chapter; provided, that the said inspector shall in no case be authorized to receive or demand more than three cents per head for each head of cattle inspected, but if not, then said fees shall be paid by the person at whose instance said inspection was made; and if said inspection is made by the inspector, at his

own instance, and no stock is found in said herd except those properly accounted for under the provisions of this article, then said inspector shall receive no fees for said inspection."

Sec. 2. The fact that the present session of the Legislature is near its close, and the further fact that the cattle drive from this state to the north is now upon us, creates an imperative public necessity and emergency for the suspension of the constitutional rule requiring bills to be read on three several days and for the immediate passage of this act; therefore said rule is suspended, and this act shall be in force from and after its passage.

Approved July 5, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XXIII.-An act to amend article 3888, chapter five, title seventy-nine, of the Revised Civil Statutes.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 3888, chapter five, title seventy-nine of the Revised Civil Statutes, shall be amended to read hereafter as follows:

"Article 3888. Whenever the field' notes of a survey have been returned to the general land office, and upon examination the same are found to be in conflict with previous claims, it shall be lawful for the rightful claimant of the certificate, so located in conflict, to file his affidavit with the commissioner, setting forth that the certificate was not intentionally so located in conflict, but that he believed at the date of such location that the land covered thereby was vacant and unappropri ated public domain; to abandon said survey and surrender all claim thereto by reason of the file, entry and survey made by him, and to receive from the commissioner a copy of the certificate on which the same was based, if such certificate be valid and genuine; and it shall be the duty of the commissioner to indorse upon the said copy that the original certificate is floated, and the county where the land is situated which is covered by such floated certificate, and that the copy is given in lieu of the original, but without any prejudice to the rights of any person by virtue of said certificate, and that the said copy may be located upon any unappropriated or vacant land.”

Approved July 5, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXIV.-An act to validate the titles to land reserved from location or patent at the time titles issued thereto.

Whereas, Harrassing and vexatious litigation is likely to arise that may result in dispossessing many of the people of the state of their lands acquired in good faith, on account of patents having been issued thereto at the time reservations existed, withholding the same from such appropriation, there exists an urgent public necessity for a law giving immediate security and protection to such titles; and it is therefore enacted that this law go into effect from and after its passage.

Section 1. Be it enacted by the Legislature of the State of Texas, That the titles to all lands already patented by virtue of any genuine land certificate or other legal evidence of claim to land be and the same

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are hereby validated, notwithstanding the existence of any reservation at the time the same were either located or patented.

Sec. 2. There is reserved and excepted from the operation of this law all conflicting vested rights that have accrued before the passage of this law; provided, that this act shall not apply to reservations which under the constitution or existing laws of this state revert to the state for public free schools upon forfeiture of grants or failure of the conditions of the reservation, nor to locations or patents made or issued upon alternate sections surveyed for the state within said reservations.

Sec. 3. The near approach of the close of the session creates an imperative public necessity, that the constitutional rule requiring bills to be read on three several days be suspended, and it is so suspended. Approved July 5, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XXV.—An act to amend the first section of "an act prescribing the times of holding the district courts of the second judicial district."

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

"Section 1. That the district courts of the second judicial district shall be holden at the times hereinafter specified, to wit: In the county of Rusk, on the first Mondays in January and July, and mav continue in session six weeks; in the county of Panola, on the sixth Mondays after the first Mondays in January and July, and may continue in session four weeks; in the county of Shelby, on the tenth Mondays after the first Mondays in January and July, and may continue in session three weeks; in the county of Harrison, on the sixteenth Mondays after the first Mondays in January and July, and may continue in session until the business is disposed of."

Sec. 2. Whereas, the near approach of the adjournment of the present session of the Legislature, and the necessity for the passage of this bill creates an emergency and public necessity for the suspension of the constitutional rule requiring bills to be read on three several days in each house so that this bill take effect and be in force from and after its passage, therefore said rule is hereby suspended and this act shall take effect and be in force from and after its passage.

Approved July, 8, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XXVI.-An act to diminish the civil and criminal jurisdiction of the county courts of Erath, Comanche, Eastland, Red River, Palo Pinto, Stephens, Throckmorton, Taylor, Callahan, Panola, Cass and Bowie counties, and conform the jurisdiction of the district courts of said counties to such change.

Section 1. Be it resolved by the Legislature of the State of Texas, That the county courts of Erath, Comanche, Eastland, Red River, Palo Pinto, Stephens, Throckmorton, Taylor, Callahan, Panola, Cass and Bowie counties shall have and exercise the general jurisdiction of pro

bate courts, 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 partition settlement and distribution of estates of deceased persons, and to apprentice minors as prescribed by law, and to issue all writs necessary to the enforcement of their jurisdiction, and to punish contempts under such provisions as are or may be provided by general law governing county courts throughout the state; but said county courts shall have no other jurisdiction, civil or criminal.

Sec. 2. That the district courts of said counties shall have and exercise jurisdiction in all matters and causes, civil and criminal, over which by the general laws of the State the county courts of said counties would have jurisdiction except as provided in section one of this act, and that all cases other than probate matters and such as are provided in section one of this act be and the same are hereby transferred to the district courts of said counties, and all writs and process, civil and criminal, heretofore issued by or out of said county court, other than those pertaining to matters over which by section one of this act jurisdiction is given to the county courts of said counties, be and the same are hereby made returnable to the next term of the district courts in and for said counties.

Sec. 3. That the clerks of the county courts of the counties aforesaid be and they are hereby required, within twenty days after the passage of this act, to make a full and complete transcript of all the entries on their dockets, civil and criminal, heretofore made in causes which by section two of this act are transferred to the district courts of said counties, and file the same, together with all original paper of all said causes and proceedings, with the clerks of the district courts of said counties; and all such causes shall immediately be docketed by the clerks of the district courts of said counties, and shall stand on the dockets of said courts as appearance causes for the next term of said courts; and for each of said transcripts the county clerk shall receive twenty cents per one hundred words, and fifty cents for certificate thereto, to be taxed as cost against the party cast in the suit, if a civil suit, and if criminal, against the defendant, if convicted; provided, the change of civil jurisdiction provided for in this act shall not apply to Red River county.

Sec. 4. That all laws and parts of laws in conflict with this act be and the same are hereby repealed.

Sec. 5. Whereas, the immediate operation of the provisions of this act will save the counties herein named a large and unnecessary expense, and thereby an emergency exists which justifies that this act take effect thirty days after its passage, and it is so enacted. And whereas, the time is short which remains to this session, and there is a large amount of legislative business pending, creates an imperative public necessity which authorizes the suspension of the rule requiring this bill to be read on three several days, and said rule is so suspended.

Approved July 8, A. D. 1879.

Takes effect thirty days after its passage.

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