페이지 이미지
PDF
ePub

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.

(65)

5-VOL. IX.

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

the necessity to make effective the quarantine proclamation of the governor requires this bill to take effect from and after its passage, and it is so enacted.

Approved July 9, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XXXVIII.-An act supplementary to an act entitled "an act to provide for the organization of the state penitentiariss, and to regulate the management of the convicts therein," approved March 24, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That the governor shall appoint by and with the advice and consent of the Senate, when in session, one additional assistant superintendent of the state penitentiaries, who shall hold his office during the term of the governor, unless sooner discharged by the governor, who shall perform such duties and have such powers as are required of and authorized by the assistant superintendent in the act entitled "An act to provide for the organization of the state penitentiaries, and to regulate the management of the convicts therein, approved March 24, 1879," and said assistant superintendent shall receive the same salary and emoluments as fixed by said act for the assistant superintendent.

The additional assistant superintendent, together with the present assistant superintendent, shall divide the convict camps or places where convicts are employed into two divisions, and assign one assistant superintendent to each of said divisions; and said officers shall visit such camps or places where convicts are employed at least twice in each month and examine into and report to the governor all complaints preferred by convicts or by citizens, which may have been substantiated by satisfactory evidence, and they may exchange districts with each other in their discretion.

Sec. 3. Said assistant, superintendents shall make reports of the condition of the convicts, their names and how treated and clothed, etc., in their respective divisions, as is now required by law of the assistant superintendent.

Sec. 4. It shall be the duty of the superintendent and assistant superintendent to have all convicts who may die while in custody, decently buried, and have each grave marked by a board with a suitable inscription, giving the name of the convict, what county he resided in, the date of his death, and his age, if known.

Sec. 5. The importance of the immediate passage of this bill, there being now only one assistant superintendent, and the welfare of the convicts and the interests of the state requiring one more such officer, and the fact that this session of the Legislature is limited to thirty days and the greater portion of the time having already expired, creates an emergency and an imperative public necessity for the immediate taking effect. of this act, and for the suspension of the constitutional rule requiring bills to be read on three several [days]; and it is therefore enacted, that said rule is suspended, and that this act take effect and be in force from and after its passage.

Approved July 9, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XXXIX.-An act to provide for the sale, exchange or destruction of useless or injured property belonging to the state.

Section 1. Be it enacted by the Legislature of the State of Texas, That the commissioner of insurance, statistics and history, the state treasurer and the comptroller of public accounts be and they are hereby constituted a board to inspect and condemn for sale, exchange or destruction, such useless or injured property belonging to or controlled by either of the executive departments, state institutions or state boards, as to the majority of said board may be deemed proper for such disposition.

Sec. 2. That the said board shall, immediately upon the taking effect. of this act, enter upon the performance of the duties herein prescribed. and shall keep a record of all its proceedings, which shall be kept and deposited in the office of the comptroller of public accounts; and the financial operations of said board shall be included in the annual reports of said officer. The proceeds arising from the sale or exchange of property described in the preceding section shall be, by said board, disposed of as follows, to wit:

First-all property acquired by exchange shall be delivered to the officer in charge of and used for the benefit of the department or institution from which the effects may have been taken that were used in making the said exchange. Second-all money realized from the sale of property received from either of the state institutions or state boards, shall be deposited in the state treasury to the credit of such institution or board furnishing the same, and shall be deemed a part of the fund for its support, during the current fiscal year, and shall be subject to the control. of and disbursement by such institution or board. Third-all money realized from the sale of surplus cord-wood or other surplus of property on hand, purchased by either house of the Legislature, and from property received from any of the executive departments of the state, shall be deposited in the state treasury to the credit of the fund for the preservation and improvement of public buildings and grounds; and shall be used for the benefit and preservation of the same by the officer having supervision thereof, and subject to disbursement upon his certificate for labor performed or material fnrnished.

Sec. 3. All laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Sec. 4. There being no law in force for the rescue or preservation of public property contemplated by this act, an imperative public necessity and emergency exists for the passage of this act, it is therefore ordered that the rule be suspended, and it is enacted that this act take effect and be in force from and after its passage.

Approved July 9, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XL.-An act to amend an act to amend article 4759 of the Revised Civil Statutes of the State of Texas, adopted on the 21st day of February, 1879, approved April 22, 1879, and to add article 4759a, article 4759b, article 4759c.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 4759 of the above recited act be amended as follows:

"Article 4759. Should the collector of taxes fail to make sale of any real estate for want of a purchaser, he shall bid the same off for the state

for the taxes and penalties due and all costs accruing thereon, and execute a deed to the state; and one deed shall include all tracts of land bid off to the state at such tax sale, and make due return thereof, under such forms and directions as the comptroller may furnish and direct; and after sale and purchase by the state of any real estate, it shall not be lawful for said collector to levy upon or advertise or sell the same for any remaining or accrued taxes due thereon until the same shall have been redeemed by the owner or is sold by the state. Said collector shall, on final settlement of his accounts with the commissioners' conrt, and the comptroller of public accounts, be entitled to a credit for the amount of taxes due the state and county, respectively, for which the land and lots were bid off to the state."

"Article 4759a. That the owner, or his agent, of any lands that may have been conveyed to the state under the provisions of the foregoing article, desiring to redeem the same, may do so by depositing with the collector of the county in which the lands were sold, double the amount of the purchase money, and all accrued taxes thereon within two years from the date of the deed to the state, and it shall be the duty of such collector to execute a receipt to such owner, or agents, giving therein the amount of money received, and a description of the land so as to identify the same, and sign and seal the same officially, and upon presentation of such receipt to the comptroller of public accounts, he shall execute to the owner a relinquishment under his signature and seal of office, which may be admitted to record in like manner with other conveyances of land.

"Article 4759b. In case said land shall not have been redeemed as provided in article 4759a, then the same may be sold as provided by an act entitled 'An act to provide for the sale of all real estate bid off to the state by collectors of taxes at tax sales, the owners of which have not redeemed the same,' approved April 7, 1879.

"Article 4759c. All laws and parts of laws in conflict with the foregoing articles are hereby repealed, and particularly 'An act to amend section twenty-one of an act regulating the duties of tax collectors in reference to the seizure and sale of property of delinquent taxpayers, and to define the further duties, powers, qualifications and liabilities of collectors of taxes and to regulate their compensation, approved August 21, 1876, approved April 19, 1879, be and the same are hereby repealed."

Sec. 2. Whereas, the near approach of the close of this session of the Legislature and the limited time for legislation, create an imperative public necessity authorizing the suspension of the rule requiring this bill to be read on three several days, and said rule is suspended, and the importance to the state of the legislation afforded by this act creates an emergency that this act should go into effect at once; therefore, this act shall take effect and be in force from and after its passage.

Approved July 9, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XLI.-An act to authorize the governor, comptroller and attorney general of the state to purchase additional lands for the use of penitentiaries, and to make an appropriation therefor.

Section 1. Be it enacted by the Legislature of the State of Texas, That the governor, comptroller and attorney general, when they deem it to the interest of the state, are authorized and empowered to purchase or exchange adjacent state lands for additional lots or parcels of lands

« 이전계속 »