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within fifteen miles of a point having railroad connection with the penitentiary, within seven days, or where the place of confinement of the prisoner or prisoners in (is) not less than fifteen nor more than sixty miles from a point having railroad connection with the penitentiary within ten days, or where the place of confinement of the prisoner or prisoners is not less than sixty nor more than one hundred and fifty miles from a point hav9ing railroad connection with the penitentiary within fifteen days, or where the place of confinement of the prisoner or prisoners is not less than one hundred and fifty miles from a point. having railroad connection with the penitentiary within twenty days after the adjournment of the court in which said convict or convicts were tried, then the sheriff shall proceed at once to convey such convicts to the penitentiary as though no such contract had been entered into; and when he does so convey convicts to the penitentiary, he shall receive such compensation for so doing as he would be allowed by law if no contract existed; the same to be paid by such contractor upon the delivery of such convict by the sheriff inside the walls of the penitentiary, and should such contractor fail or refuse to pay the sheriff it shall be the duty of the comptroller to draw his warrant for the amount due in favor of the sheriff on the appropriation to carry out the contract, and the same shall be paid out of said appropriation and deducted from the moneys paid such contractor for conveying convicts to the penitentiary.

Sec. 2. The fact that a contract is already made for carrying convicts to the penitentiary, creates an imperative public necessity that this bill into immediate effect and it is so enacted. Approved July 8, A. D. 1879.

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Takes effect from and after its passage.

CHAPTER XXX.-An act to reorganize the tenth judicial district of this state, to fix the times of holding the terms of the district courts therein, and attaching certain counties to the county of Wheeler for judicial purposes and for purposes of organization.

Section 1. Be it enacted by the Legislature of the State of Texas, That the counties of Cooke, Denton, Wise, Archer, Wichita, Clay, Montague and Wheeler be and the same are hereby constituted the tenth judicial district.

Sec. 2. That the district courts in the counties comprising the tenth judicial district shall be holden as follows: In the county of Cooke, on the first Mondays in February and August, and may continue in session six weeks; in the county of Denton, on the sixth Mondays after the first Mondays in February and August, and may continue in session six weeks; in the county of Wise, on the twelfth Mondays after the first Mondays in February and August, and may continue in session four weeks; in the county of Archer, on the sixteenth Mondays after the first Mondays in February and August, and may continue in session one week; in the county of Wichita, on the seventeenth Mondays after the first Mondays. in February and August, and may continue in session one week; in the county of Clay, on the eighteenth Mondays after the first Mondays in February and August, and may continue in session two weeks; in the county of Montague, on the twentieth Mondays after the first Mondays in February and August, and may continue in session three weeks; in the

county of Wheeler, on the twenty-fourth Mondays after the first Mondays in February and August, and may continue in session until the business is disposed of.

Sec. 3. That the unorganized counties of Childress, Hall, Briscoe, Swisher, Castro, Parmer, Deaf Smith, Randall, Armstrong, Donley, Collingsworth, Gray, Carson, Potter, Oldham, Hartley, Moore, Hutchison, Roberts, Hemphill, Lipscomb, Ochiltree, Hansford, Sherman, Dallam and Greer are hereby attached to Wheeler county for judicial purposes and for purposes of organization.

Sec. 4. The near approach of the close of the present session of this Legislature creates an imperative public necessity for the suspension of the rule requiring this bill to be read on three several days, and said rule is therefore so suspended.

Approved July 8, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXXI.-An act defining the manner in which lands sold at tax sales, to individuals, may be redeemed by the owner.

Section 1. Be it enacted by the Legislature of the State of Texas, That any person having the right to redeem any land sold at tax sale may do so by payment, within the time prescribed by law, to the collector of taxes of the county in which the said land was sold of the amount which the law requires to be paid; provided, that the owner of said land, or his agent, shall first have made affidavit before some officer authorized by law to administer oaths, that he has made diligent searcn in the county where said land is situated for the purchaser thereof at the tax sale, and has failed to find him; or that the purchaser at such tax sale is not a resident of the county in which the land is situated, or that he and the purchaser cannot agree on the amount of redemption money. In such cases only shall the owner or agent be authorized to redeem the same by the payment, to the collector of taxes.

Sec. 2. It shall be the duty of any collector of taxes, to whom payment is made under the provisions of this act, to give a receipt therefor, signed by him officially, in the presence of two witnesses, which said receipt, when duly recorded, shall be notice to all persons that the land therein described has been redeemed; and the collector of taxes shall, on demand, pay over to the purchaser at said tax sale the money thus received by him.

Sec. 3. The fact that the time given for redemption in tax sales for the year 1877 expires in a few weeks, whereby many parties may suffer by litigation and otherwise if no speedy remedy is provided, creates such a public necessity and emergency as to justify the suspension of the rule requiring bills to be read on three several days; therefore, said rule is 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 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, and 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.

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

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