commissioners court for every such failure, not less than five dollars, nor more than ten dollars, to be collected as other fines are collected: provided that all reasonable excuses shall be heard.

Section 7. Where there are no persons in the unorganized counties to act or willing to serve on the jury of view or jury to assess damages, the court shall designate citizens of their own county to perform the service. Section 8. Nothing in this act shall be construed to prohibit the opening of other roads as is now provided by law. Roads laid out under the provisions of this act shall not be changed except for the purpose of securing a better and more direct route, and then only after actual view by a majority of the commissioners court of that portion of the road sought to be changed.

Section 9. All laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Section 10. The present impracticable condition of the public roads in some parts of the State rendering public travel difficult and dangerous and obstructing communication between the different counties and subdivisions of the State, creates an imperative public necessity which requires the suspension of the constitutional rule requiring bills to be read on three several days and it is so suspended, and an emergency that this bill take effect and be in force from and after its passage and it is so enacted.

I hereby certify that the within S. B. No. 36, originated in the Senate and passed the same Jany 23rd 1884.

WM. NEAL RAMEY,
Secretary of the Senate.

I hereby certify that the within S. B. No. 36, passed the House of Representatives Feby. 6th 1884.

J. W. BOOTH, Chief Clerk House of Representatives.

Approved February 7th, 1884.

JNO. IRELAND, Governor.

S. B. No. 7.]

CHAPTER XXX.

An Act making certain reservations for public roads out of lands hereafter disposed of by the State.

Section 1. Be it enacted by the Legislature of the State of Texas: That from and after the passage of this act, whenever any school, University or Aslyum land or any land belonging to the State shall be sold or patented by the State each sale or sales shall be made and patents issued. subject to the right of the State or county to public roads across such land so sold or patented, which right of way for roads whenever they may be laid out by proper authority in pursuance of law is hereby re

served through and across such lands without cost to the State or county except damages done to improvements on such lands.

Section 2. If more than one road is laid out across any such tract of land then the county is to pay to the owner of the land, for all roads subsequently opened in addition to damages to improvements what the land, taken for roads, costs the original purchaser.

Section 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 enacted.

I certify that the within S. B. No. 7 originated in the Senate and passed the same Feby 4, 1884. Ayes 13 nays 12.

WM. NEAL RAMEY,
Secretary of the Senate.

I hereby certify that the within S. B. No. 7, passed the House of Representatives Feby 6th 1884, by a 4-5 vote

J. W. BOOTH, Chief Clerk House of Representatives.

Approved February 7th, 1884.

JNO. IRELAND, Governor.

S. B. No. 63.]

CHAPTER XXXI.

An Act to prevent the destruction of grass.

Section 1. Be it enacted by the Legislature of the State of Texas: That any person who shall wilfully fire any grass within any inclosure, not his own, in this State, with intent to destroy the grass in such pasture, or any part thereof, or any person who shall fire the grass on the outside of any inclosure with the intent to destroy the grass in such inclosure, by the communication of said fire to the grass within, shall be decmed guilty of a felony, and upon conviction, punished by confinement in the State Penitentiary for a term of not less than two nor more than five years.

Section 2. That if any person shall wilfully, and with intent to injure the owner, or owners of the stock grazing thereon, set fire to any grass upon land not his own, with intent to destroy the same, he shall be confined in the State Penitentiary for a period not less than one year, nor more than three years.

Section 3. Whereas, there is no law fixing an appropriate penalty for the destruction of grass by fire, and whereas, there exists an imperative public emergency and necessity that the constitutional rule requiring this bill to be read on three several days, before its passage, be suspended, and the same is hereby suspended and that this act shall take effect from and after its passage.

I hereby certify that the within S. B. No. 63, originated in the Senate and passed the same-Yeas 28, nays 0-Jany. 30th 1884.

WM. NEAL RAMEY,
Secretary of the Senate.

I hereby certify that the within S. B. No. 63, passed the House of Representatives-Yeas 71, nays 4, Feby. 6th 1884.

J. W. BOOTH, Chief Clerk House of Representatives.

Approved February 7th, 1884.

JNO. IRELAND, Governor

H. B. No. 1.]

CHAPTER XXXII.

An Act to amend article 4662, chapter 1, title 95, of the Revised Statutes, as amended and approved May 4, A. D. 1882, and to amend articles 4666 and 4668, chapter 1, title 95, of the Revised Civil Statutes, to reduce taxation for general revenue purposes, to conform the tax laws to the amended constitution, and to provide for the levy and collection of a tax to maintain a system of free schools under the amended constitution.

Section 1. Be it enacted by the Legislature of the State of Texas: That article 4662 of the Revised Civil Statutes, as amended and approved, May 4, A. D. 1882, shall hereafter read as follows:

Article 4662. There shall be levied and collected an annual ad valorem State tax of seventeen and one-half (171) cents on the one hundred dollars for general revenue purposes, and twelve and one-half (121) cents on the hundred dollars for the maintenance of public free schools, of the cash value thereof, estimated in lawful currency of the United States, on all real property situated, and on all movable property owned, in this State on the first day January of each and every year, except so much thereof as may be exempted by the constitution and laws of this State, which cash value shall be estimated in lawful currency of the United States.

Section 2. That articles 4666 and 4668, chapter 1, title 95, of the Revised Civil Statutes be so amended as hereafter to read as follows:

Articles 4666 and 4668. The commissioners' courts of the several counties of this State shall have the power to levy, for county revenue purposes, a tax of not more than one-fourth of one per centum, and for roads and bridges fifteen cents on the one hundred dollars' valuation of all property subject to State tax by the provisions of this act, and to pay all outstanding indebtedness incurred subsequently to the eighteenth day of April, A. D., 1876, and prior to the adoption of the amendment to section 9, article 8, of the constitution, an amount not to exceed twentyfive cents on the one hundred dollars valuation in any one year; and shall have the right to levy one-half of the occupation tax levied by the State upon all occupations not herein otherwise specially provided; provided,

any one wishing to pursue any of the vocations named in this act, upon which a county occupation tax may be levied, and upon which the State tax, in such cases, exceeds twenty dollars for a less period than one year may do so by paying the same quarterly; and provided further, the receipt of the proper officer, under seal, shall be prima facie evidence of the payment of such taxes as are herein named; and provided further, the provisions of this act shall not be deemed to affect the provisions of any law specially authorizing any commissioners' court to levy a different rate of tax; and, provided further, no person shall be allowed license for selling intoxicating or spirituous liquors, or keeping any nine or ten pin alley, or billiard, bagatelle, pigeon hole, jenny-lind, devil-among-the-tailors table, or anything of the kind used for profit, for a period of less than twelve months; and provided further, the mayor and board of aldermen of any incorporated town or city shall in no case levy a greater tax on any occupation than that authorized by this chapter to be levied by the county commissioners' court.

Section 3. Whereas the various county commissioners courts throughout the State are about to levy taxes for the present year, therefore an emergency exists, and an imperative public necessity requires that the rule, requiring bills 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.

I hereby certify that the within H. B. No. 1, originated in the House, and passed the same, Jan'y 28, '84, by vote-ayes, 72; noes 10. J. W. BOOTH,

Chief Clerk of the House of Representatives.

I hereby certify that the within H. B. No. 1, passed the Senate, Feb. 1st, '84, by ad vote, to-wit: Ayes 18; noes 7.

WM. NEAL RAMEY,
Secretary of the Senate.

Approved February 7th, 1884.

JNO. IRELAND, Governor.

Sub H. B. No. 50 and 84.]

CHAPTER XXXIII.

An act to prohibit the unlawful fencing or enclosing, or keeping enclosed, of the lands of another, and of the public school, public, university and aslyum lands of the State of Texas, and to prevent the herding, or loose herding or detention of stock upon the lands of the State, the public schools, university and asylums, and to provide penalties for the violation of this act.

Section 1. Be it enacted by the Legislature of the State of Texas: That if any person or corporation shall knowingly make,

or permit to remain standing, any fence on or around the land of another, or the public, public school, university or asylum lands of this State, without the written consent of the owner thereof, duly acknowledged, or a duly executed lease of such land from the proper authority, in case of public, public school, university or asylum lands, as the case may be, duly recorded in the county where the land lies, or to which it is attached for judicial purposes, he shall be deemed guilty of a misdemeanor, and upon conviction therefor fined in any sum not less than fifty cents nor more than one dollar per acre per month for each month so enclosed, or fined and imprisoned in the county jail for any period not over two years. Within the meaning of person, as used in this act, is included every man managing or controlling for a corporation, firm, or joint stock company, and any and every individual or person who shall aid, assist or direct in the violation of this act. Half of all fines collected under the provisions of this act shall be paid to the person or persons informing on the person or corporation, who shall unlawfully enclose any land; provided, that each three months said land is so enclosed shall constitute a separate offense. A fence within the meaning of this act is any structure of wood, wire, or both, or any other material, intended to prevent the passage of cattle, horses, mules, asses, sheep, geats or hogs. Where persons or corporations have unlawfully fenced land belonging to the State, or public school, university, or asylum lands, it shall be the duty of the Attorney General, either in person or by proxy, to institute proceedings in the name of the State against any person or corporation so unlawfully enclosing said lands; and the expense incurred in employing counsel to prosecute such cases shall be deducted from the fine or fines collected from any person or corporation violating the provisions of this act, the balance to be paid to the fund to which it belongs.

Section 2. All persons or corporations who have already fenced lands within the prohibition of this act shall have six months from and after the time that this act goes into effect to conform to the provisions thereof; provided, that the provisions of this act shall not apply to any person or corporation who has heretofore or may hereafter, in good faith, fence land not their own.

Section 3. In all prosecutions under this act, the provisions of articles 699 and 700 of the Penal Code of the State of Texas shall apply.

Section 4. This act shall not apply to persons who have heretofore settled upon lands not their own, whence the enclosure is two hundred acres or less, and where the principal pursuit of such person upon the land is that of agriculture.

Section 5. That any person who owns or controls land surrounding land of another, may fence his own land, by fencing the inner boundaries of his survey and leaving a way or lane sixty feet wide (unobstructed by gates or otherwise), to the outer boundaries of the surrounding land, at such place as the owner or agent of the inner survey may demand; and providing two gates at such places on the inner and outer fences, as the owner of the inner survey shall demand; and they shall be kept in con