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 unappropriated 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

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.

CHAPTER XXVII.—An act to amend article 3962, chapter ten, title seventy-nine of the Revised Statutes.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 3962, chapter ten, title seventy-nine of the Revised Statutes shall hereafter read as follows:

"Article 3962. The commissioner of the general land office is authorized and required to patent surveys in the order in which they may be made ready for patenting without regard to the order of filing in the general land office or the order of application; provided, that when application is made for patent on any claim and the office fees therefor have been paid, such claim shall have preference over claims for which no application has been made; provided, such surveys shall have been regularly mapped, or there be sufficient evidence that no previous survey has been legally filed in the land office covering the same ground as represented on the maps of the office."

Sec. 2. That the large amount of revenue to be secured to the state by this act and the near approach of the close of this extra session creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days, be suspended, and it is therefore so suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved July 8, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXVIII.—An act to provide for the sale of the alternate sections of land in organized counties, as surveyed by railroad companies and other works of internal improvement and set apart for the benefit of the common school fund; to provide for the investment of the proceeds, and to repeal all laws in conflict therewith.

Section 1. Be it enacted by the Legislature of the State of Texas, That all the alternate sections of land in organized counties heretofore surveyed, or which may be hereafter surveyed by any railroad company or other work of internal improvement and set apart for the benefit of common schools, shall be brought into market and disposed of in the manner hereinafter provided.

Sec. 2. The county surveyor of the county in which said lands are located shall view and appraise the same, under oath, and make return of the same to the county commissioners' court, which court shall examine, approve or disapprove of the same, and may take other evidence to ascertain the true value of the land, and, in case of disapproval, said court shall fix a value thereto, and the valuation of said lands, in no case, shall be less than one dollar per acre. County surveyors acting as appraisers of lands in their respective counties shall each receive the sum of one dollar per section, and in no event to exceed fifty dollars for the appraisement of all the lands in any one county, to be paid out of the proceeds of the first sales of the land under the provisions of this act. Any person having improvements upon any of such lands, prior to the taking effect of this act, shall have the preference in the purchase thereof

for the period of six months next after taking effect hereof, at the valuation exclusive of the value of such improvements.

Sec. 3. That as soon as the appraisement is completed, the county commissioners' court shall prepare tabulated reports of their action, setting forth the following, viz: Number of survey, block, quantity in each survey, name of company or individual to whom the certificate was granted, price per acre of each section or quarter thereof, if differences exist, value of improvements, remarks giving general description of soil and water. One copy of the above report shall be filed in the office of the county surveyor, and shall constitute an archive of his office. One copy shall be forwarded to the commissioner of the general land office, and one copy to the treasurer of the state.

Sec. 4. That upon the receipt of the above report by the commissioner of the general land office, he shall examine the same, and if made in conformity with this act he shall notify the county surveyor of the fact; and until he receives such notice the surveyor shall not entertain any proposition for the purchase of said land.

Sec. 5. That so soon as the surveyor shall receive the notice provided for in section four of this act, he shall be authorized to receive application for the purchase of said lands in any quantity not less than one hundred and sixty acres, except fractions of less than one hundred and sixty acres that may now exist in said counties, provided, that one person or corporation shall not be allowed to purchase more than one section of said land when the same is classed as arable land suitable for farming purposes; but when the same is classed as land suitable only for grazing purposes, it shall be sold in quantities to suit the purchaser, but no person shall be permitted to purchase less than one hundred and sixty acres nor more than three sections.

Sec. 6. That any person desiring to purchase any of the above lands shall make application in writing to the county surveyor, designating the number of the survey, block, name of company or individual to whom the certificate, by virtue of which such survey was made, was issued, the quantity he or she wishes to purchase, and, if less than a whole section, the particular part of such section; provided, that no fraction of any section of less than one hundred and sixty acres shall be left by any such selection, and that no fractional section of less than three hundred and twenty acres shall be divided. The surveyor shall be entitled to a fee of one dollar for each application, to be paid by the applicant; and he shall, upon payment of said fee, record said application in a well bound book to be kept by him for that purpose; he shall endorse such application "Recorded," giving the date, page and volume of the record, and sign his name thereto, and deliver said application to the proposed purchaser.

Sec. 7. That the purchaser shall immediately forward to the state treasurer the above application, together with one-tenth of the appraised value of the land therein designated; provided, that one-fourth of the purchase money shall be paid in advance on all lands valuable only for the timber thereon. The treasurer shall enter a credit on his books in the name of the purchaser for the amount so received, giving such description of the land as will identify the same. He shall then issue his receipt for said amount and forward it, with the above named application, to the commissioner of the general land office, who shall file said application and receipt in his office, and issue his certificate in lieu thereof, setting forth the amount paid to the treasurer and the quantity and