CHAPTER XXXII.-An act to exempt from taxation horse racing when run over a distance of four hundred and forty yards.

Section 1. Be it enacted by the Legislature of the State of Texas, That all laws and parts of laws which impose a tax on the privilege of running a horse race over a distance of four hundred and forty yards, be and the same are hereby repealed.

Sec. 2. The fact that the existing law tends to discourage the trial of the of speed horses at the approaching fairs and agricultural associations, creates an emergency and an imperative public necessity that the rule should be suspended which requires bills to be read on three several days, and that this act take effect and be in force from and after its passage.

Approved July 8, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXXIII.-An act to repeal "an act to provide for the record of contracts relating to land in a manner that will distinguish community from separate property," approved April 21, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That an act entitled "An act to provide for the record of contracts relating to land in a manner that will distinguish community from separate property," approved April 21, 1879, be and the same is hereby repealed.

Sec. 2. The confusion and injustice that will be occasioned by the existence of the law repealed by this act, creates an emergency for its immediate repeal, and it is therefore enacted that this act take effect and be in force from and after its passage; and from the late hour of the session an imperative public necessity exists that the constitutional rule requiring bills to be read on three several days be suspended, and it is therefore so suspended.

Approved July 9, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XXXIV.-An act to create a commission of arbitration and award and define the powers and duties thereof, and to make appropriation to pay the salaries of the judges thereof.

Section 1. Be it enacted by the Legislature of the State of exas, That a commission of arbitration and award to consist of three persons learned in the law, to be appointed by the governor, by and with the advice and consent of the Senate, if in session, who shall hold their offices for two years from the date of their appointment and receive for their services the same salary as judges of the supreme court, be and the same is hereby created to be styled the "commissioners of appeals of the State of Texas." In case of a vacancy on said commission by the death or resignation of any member thereof, during a vacancy of the Legislature, it shall be the duty of the governor to fill the same by appointment, the

person appointed to continue in office until the next session of the Legislature after the appointment.

Sec. 2. Said commission shall have the power to head and pronounce award upon all civil cases now or hereafter pending in the supreme court or the court of appeals, wherein the parties or their attorneys may file consent in writing to the reference thereof to said commission.

Sec. 3. Said commission shall hold its sessions at the same times and places as the supreme court, and shall appoint one clerk if necessary, end if no such clerk be appointed, the duties of that office shall be performed by the clerks of the supreme court and of the court of appeals respectively, at the different branches thereof, who shall receive in either case the same fees as are allowed by law to the clerks of the supreme court for like services.

Sec. 4.. Said commission shall have a seal, being a star with five points and the words "Commissioners of Appeals of the State of Texas" around the same. Regular dockets and minutes of all proceedings by or before said commission shall be kept, and the records and proceedings thereof shall be entitled to the same verity as are records and proceedings of courts of record, and all cases shall be docketed in the order of date of filing of written consent provided in this act.

Sec. 5. Said commission shall have the right to issue writs of certiorari to perfect the record and such process as the supreme court might issue to make parties, and shall have the power to punish for contempt.

Sec. 6. All laws and rules regulating the practice and procedure in the supreme court shall be of force in the practice and proceedings of said commission so far as the same are applicable, and all applications for rehearing in cases referred to said commission shall be made before and determined by the commission.

Sec. 7. Said commission shall reports its conclusions or award to the supreme court or court of appeals, as the case may be, in the cases so referred, and may accompany the same with a brief synopsis of the case and their opinion thereon; and the conclusions or award aforesaid shall be and become the judgment of the said supreme court or the court of appeals aforesaid, and said courts shall make and render such further order, judgment or decree thereon as may be necessary or proper to make said award effective.

Sec. 8. The opinions of said commission shall not be published in the reports of the decisions of the supreme court nor the court of appeals, nor shall the same have any further or other effect than to determine the particular cause wherein rendered, and shall have no force or effect or authority as precedent in other causes.

Sec. 9. And the sum of seventeen thousand seven hundred and fiftyfour dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys in the treasury not otherwise appropriated, for the payment of the salaries of the judges of said commission for the period ending first of March, 1881.

Sec. 10. Whereas, the near approach of the close of the present session of this Legislature and the limited time allowed to legislation, and an imperative public necessity exists for the suspension of the constitutional rule requiring bills to be read on three several days, and it is hereby enacted that said rule is suspended, and the fact that the accumulation of business in the supreme court and in the court of appeals is so great as to prevent, in ordinary course, that speedy determination to litigation which is essential to justice, creates an emergency that requires

this act to take effect at once, and it is therefore enacted that this act shall take effect and be in force from and after its passage.

Approved July 9, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXXV.-An act making provision for the return to the comptroller's office, before the meeting of each regular session of the Legislature, of all sheriffs', attorneys' or other valid claims against the state, for which warrants may not have been issued, so that correct estimates may be made of any deficiencies in the appropriations, and to provide against issuance of "O K” certificates.

Section 1. Be it enacted by the Legislature of the State of Texas, That all sheriffs, attorneys and all other parties holding claims against the State of Texas for which no warrants have been issued, and the appropriation for which has been exhausted, shall present the same to the comptroller of the State of Texas for his consideration at least thirty days before the meeting of each regular session of the Legislature of the State of Texas.

Sec. 2. The comptroller of the State of Texas is authorized and directed to audit no claims against the state not presented in the time prescribed in section one of this act, until all claims presented prior to that time have been considered and passed upon by him.

Sec. 3. The comptroller of the State of Texas shall keep a book for the purpose of registering and indexing all audited claims against the state, and on the meeting of the regular session of the Legislature, shall make a minute report of the same to the two houses thereof, giving the names and amounts of all audited claims.

Approved July 9, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXXVI.—An act to define who are agents of insurance companies and to fix their liability for acting without authority of law.

Section 1. Be it enacted by the Legislature of the State of Texas, That any person who solicits insurance on behalf of any insurance company, whether incorporated under the laws of this or any other state or foreign government, or who takes or transmits other than for himself any application for insurance or any policy of insurance to or from such company, or who advertises or otherwise gives notice that he will receive or transmit the same, or who shall receive or deliver a policy of insurance of any such company, or who shall examine or inspect any risk, or receive, or collect, or transmit any premium of insurance, or make or forward any diagram of any building or buildings, or do or perform any other act or thing in the making or consummating of any contract of insurance for or with any such insurance company other than for himself, or who shall examine into, or adjust or aid in adjusting any loss for or on behalf of any such insurance company, whether any of such acts shall be done at the instance or request, or by the employment of such insurance

company, or of or by any broker or other person, shall be held to be the agent of the company for which the act is done, or the risk is taken, as far as relates to all the liabilities, duties, requirements and penalties set forth in this act; provided, that the provisions of this act shall not apply to citizens of this state who arbitrate in the adjustment of losses between the insurers and the assured, nor to the adjustment of particular or general average losses of vessels or cargoes by marine adjusters who have paid an occupation tax of two hundred dollars for the year in which the adjustment is made; provided further, that the provisions of this act shall not apply to practicing attorneys-at-law in the State of Texas, acting in the regular transaction of their business as such attorneys-at-law, and who are not local agents, nor acting as adjusters for any insurance company.

Sec. 2. That any person who shall do or perform any of the acts or things mentioned in the preceding section for any insurance company herein before referred to without such company having first complied with the requirements of the laws of this state, or having received the certificate of authority from the commissioner of insurance, statistics and history of the State of Texas, as required by law, shall be guilty of a misdemeanor, and on conviction by any court of competent jurisdiction for the first offense be fined five hundred dollars, and also a sum equal to the state, county and municipal licenses required to be paid by such insurance company for doing business in this state, and shall be imprisoned in the county jail where the offense is committed, for the period of three months, unless the fine assessed against him and the sum of licenses herein mentioned, and the cost of the court be sooner paid, and for any second or other offense such person shall be fined in the sum of one thousand dollars, and shall be imprisoned in the county jail for the period of six months, unless the fine assessed against him and the cost of the court be sooner paid.

Sec. 3. That whenever any person shall do or perform within this state any of the acts mentioned in the first section of this act, for or on behalf of any insurance company therein referred to, such company shall be held to be doing business in this state, and shall be subject to the same taxes, state, county and municipal, as insurance companies that have been legally qualified and admitted to do business in this state by agents or otherwise, are subject, the same to be assessed and collected as taxes are assessed and collected against such companies; and such persons so doing or performing any of such acts or things shall be personally liable for such taxes.

Sec. 4. That any person who shall do any of the acts mentioned in the first section of this act, for or on behalf of any insurance company, without such company has first complied with the requirements of the laws of this state, shall be personally liable to the holder of any policy of insurance in respect of which such act was done for any loss covered by the same.

Sec. 5. That all laws and parts of laws inconsistent with the provisions of this act be and the same are hereby repealed.

Sec. 6. That an imperative public emergency exists for the immedi ate passage of this act, and that the rule requiring bills to be read on three several days be suspended, and that a necessity exists that this act take effect from and after its passage that the interests of the state may be more fully protected, and it is so enacted.

Approved July 9, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XXXVII.-An act supplementary to and amendatory of an act entitled "an act to amend and supplement the existing quarantine laws of the State of Texas, title eighty-three of Revised Statutes, approved April 10, A. D. 1879," and to repeal article 4096 of Revised Statutes, title eighty-three, and to make an appropriation therefor.

Section 1. Be it enacted by the Legislature of the State of Texas, That it is hereby made the duty of the county courts of the several counties on the borders or coast of Texas, when required by the circular or proclamation of the governor, where there shall be no corporate town. or city within such county requiring quarantine, to appoint competent quarantine guards or health officers at such place or places as may be designated by the governor; and should said duty be disregarded by the officers of such counties, then it shall be the duty of the governor to appoint such guards or quarantine officers, and whenever any local board fails or refuses to carry out an effective system of quarantine, the governor is authorized and required to enforce the same in such manner as may be necessary; said guards and health officers shall receive such pay, and in such manner as is provided for in section two of this act.

Sec. 2. Whenever the governor appoints any health or quarantine officers or guards, as provided for in article 4092, title 83 of the Revised Civil Statutes, such officer or officers or guards shall be paid not more than one hundred dollars per month, whilst on duty, for such services; said amount per month shall be approved by the state health officer and the governor, and when so approved, the comptroller shall draw his warrant on the treasurer for the amount so approved in the name of the party performing said quarantine services.

Sec. 3. That article 4090k, of an act entitled "An act to amend and supplement the existing quarantine laws of the State of Texas, title 83 of the Revised Statutes," approved April 10, A. D. 1879, shall hereafter read as follows: "It shall be the duty of the quarantine officer of the state, county or city authorities, as the case may be, to furnish persons detained by them at quarantine stations with subsistance and shelter, not including the crews of vessels, except such as are removed by the quarantine officers; and said subsistence account, and all contracts for the construction of quarantine stations and wharves, and hire or purchase of boats or vessels accepted by the state health officer and the governor, and received by them after completion, and all accounts for the same and for all other expenses shall be approved by the governor, and when so approved the comptroller shall draw his warrant upon the treasurer in favor of the same for the amount specified;" and article 4096 of the Revised Statutes, title 83, is hereby repealed, and the sum of seven thousand dollars, or so much thereof as may be necessary, is hereby appropriated, in addition to the appropriation made at the regular session of the Sixteenth Legislature, out of any moneys in the treasury not otherwise appropriated, for the erection and construction of the necessary buildings, wharves, etc., for quarantine purposes; provided, that said moneys as well as the sum of five thousand dollars appropriated for like purposes at the regular session of the Sixteenth Legislature, be used at the following points and places; Brazos Santiago, Corpus Christi, Galveston, Indianola, Sabine Pass, Orange, Denison, Texarkana and Marshall.

Sec. 4. The near approach of the close of this session creates an imperative public necessity that the rule requiring a bill to be read on three several days be suspended, and therefore it is so suspended; and