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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 d vote, to-wit: Ayes 18; noes 7.

WM. NEAL RAMEY, Secretary of the Senate. JNO. IRELAND, Governor.

Approved February 7th, 1884.

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, gcats 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

dition convenient for opening and closing by the owner of the fence; or if no demand is made, the opening and gates shall be at such place as the owner of the outer survey may select. When the way or lane and gates are once located they shall not be changed, except by consent of the owners of both the inner and outer surveys.

Section 6. It shall be unlawful for any person, firm or corporation to herd, or aid in herding, or cause to be herded, loose herded or detained. for grazing by line riding any cattle, horses, mules, asses, sheep or goats on any vacant public domain, school, university or asylum lands within this State unless the same shall have been leased from the proper authority: provided, that this section of this act shall not apply to persons herding such stock, in gathering for, or carrying to and from market, or in moving the same from one section of the country to another.

Section 7. Any person who shall knowingly violate any of the provisions in section 6 of this act shall be guilty of a misdemeanor, and, upon conviction shall be fined one hundred dollars for each year or part of a year, for each section, or part of section (meaning six hundred and forty acres of land or less, whether surveyed in sections or not) which shall be used contrary to the provisions of this act.

Section 8. The owner of the cattle, horses or sheep shall be liable to the State in the sum of one hundred dollars for each year, or part of a year, for each six hundred and forty acres of land, or tract of less size, that may be used contrary to the provisions of this act, which may be recovered in civil action, without affecting the criminal prosecutions prescribed herein.

Section 9. Where such unleased land is now herded upon contrary to the provisions of this act, belonging to the unappropriated domain, public school, university or asylum lands, it shall be a bar to the criminal and civil prosecution herein before provided for, for any violation prior to January 1, 1885, if the violator of this act, or the owner of the cattle horses or sheep shall, prior to the first day of September A. D. 1884, pay into the State treasury thirty-two dollars for each section of 640 acres (or tract of less size) used contrary to this act, for the benefit of the fund to which the land belongs.

Section 10. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Sec. 11. The fact that there is no law making it penal to fence the lands of another, or the lands of the State, and that large quantities of lands are so fenced, creates an imperative public necessity that the rule requiring bills to be read on three several days in each house shall be suspended, and that this act shall take effect and be in force from and after its passage, and it is so enacted.

I hereby certify that the within S. H. B. Nos. 50 and 84, originated in the House and passed the same Jany 30 1884 by a vote-ayes 84, nays 7.

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

I hereby certify that the within S. H. B. Nos. 50 and 84, passed the Senate Jany 31, 1884, Ayes 17, noes 10.

Approved February 7th, 1884.

S. S. B. No. 51.]

An act to validate

CHAPTER XXXIV.

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certain purchases of public school lands made by clerks in the General Land Office.

WM. NEAL RAMEY,
Secretary of the Senate.

JNO. IRELAND, Governor.

Whereas By an erroneous ruling of the commissioner of the general land office, some of the clerks in said office have been led to believe that they had a legal right to file upon and purchase certain of the public free school lands of the State, and

Whereas, so believing, they did apply for and purchase some of said lands, and

Whereas, said applications and purchases were innocently made by them through having been so misled, therefore;

Section 1. Be it enacted by the Legislature of the State of Texas; That the applications and purchases of public free school lands heretofore made by clerks in the general land office, wherein they have complied with and shall continue to comply with the law for the sale of such lands by the State, be and the same are in all things validated, and said purchasers are with reference to said purchases hereby placed upon an equal footing with any other citizen of this State.

Section 2. Nothing in this act shall be construed as validating the erroneous ruling of the commissioner of the general land office, under which said applications were received and recognized by said commissioner, or to validate or authorize any file or purchase hereafter made; validate or in any way affect any invalid purchases made by any other persons; or to relieve any other person whomsoever from the penalties of the civil or criminal laws which may be applicable to them.

Section 3. Whereas, Suits both civil and criminal are about to be instituted against the clerks in the general land office affected by this act; therefore, an emergency and imperative public necessity exists for the suspension of the rules and the immediate passage of this act, and that it takes effect from and after its passage.

I hereby certify that the within S. B. No. 51 originated in the Senate and passed the same February 1st A. D. 1884.

WM. NEAL RAMEY,
Secretary of the Senate.

I hereby certify that the within S. B. No. 51 passed the House February 6th A. D. 1884.

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

NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 6th day of February 1884 and was not signed by him or returned to the house in which it originated, with his objection thereto, within the time prescribed by the constitution, and therefore became a law without his signature.

J. W. BAINES,
Secretary of State.

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S. B. No. 31.]

CHAPTER XXXV.

An Act to amend Section one of "An act requiring the proceeds arising from the leasing or renting of County School Lands and from sales of timber thereon to be applied exclusively to educational purposes," passed at the regular session of the 16th Legislature.

Section 1. Be it enacted by the Legislature of the State of Texas; That Section one of an act entitled "An Act requiring the proceeds arising from leasing or renting of county school lands and from sales of timber thereon, to be applied exclusively to educational purposes", passed at the regular session of the 16th Legislature, be so amended as to read as follows:

Section 1. The proceeds of any leasing or renting of lands heretofore granted by the State of Texas to the several counties thereof for educational purposes, shall be appropriated by the commissioners courts of said counties, in the same manner as is provided by law for the appropriation of the interest on bonds purchased with the proceeds of the sale of such lands. And that the proceeds arising from the sale of timber on said lands or any part thereof, shall be invested in like manner as the constitution and law requires of proceeds of sales of such lands, and it shall be unlawful for the commissioners court of any county to apply said proceeds, or any part thereof to any other purpose, or to loan the same, or to invest the same, except as above required.

Section 2. Whereas, school funds are now accumulating in some of the counties of this State, arising from rental of county school lands and sales of timber taken from county school lands, and under existing legislation said proceeds are now applied and distributed in a manner not conducive to the best interest of the scholastic population; this state of facts existing, creates an imperative public necessity for a suspension of the constitutional rule requiring bills to be read on three several days, prior to final action thereon, and emergency 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 S. B. No. 31, originated in the Senate and passed the same-ayes 19, nays 3-Feby. 5th 1884.

WM. NEAL RAMEY,
Secretary of the Senate.

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