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for the use and benefit of one or both of the penitentiaries of the state, and the sum of five hundred dollars, or so much thereof as may be neces sary, to be paid out of the moneys received from the lessees of the penitentiary, be and the same is hereby appropriated to carry this act into effect; provided, they shall make no contract which involves the payment of a larger amount than that herein specified.

Sec. 2. The fact that we are near the close of this session of the Legislature, and the great necessity for the organization of the penitentiaries, create an imperative public necessity and emergency that the constitutional rule requiring bills to be read on three several days be suspended, and it is so enacted, and 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 XLII.-An act to amend article 1333 of the Revised Civil Statutes of the State of Texas, passed at the regular session of the Sixteenth Legislature, as amended by the act amendatory thereof, approved April 19, 1879.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 1333 of the Revised Civil Statutes of the State of Texas, as amended by the act amendatory thereof, approved April 19, 1879, be amended so that said article shall hereafter read as follows:.

"Article 1333. The jury shall render a general or special verdict as may be directed by the court, and the verdict shall comprehend the whole issue or all the issues submitted to them; and upon a trial by the court, the judge shall, at the request of either of the parties, also state in writing the conclusions of fact found by him separately from the conclusions of law, which conclusions of fact and law shall be filed with the clerk and shall constitute a part of the record; and in all cases where a special verdict of the jury is rendered, or the conclusions of fact found by the judge are separately stated, the court shall, unless the same be set aside, and new trial granted, render judgment thereon, and it shall be sufficient for the party excepting to the conclusions of law or judgment of the court, to cause it to be noted on the record in the judgment entry that he excepts thereto; and such party may thereupon take his appeal or writ of error without a statement of facts or further exceptions in the transcript, but the transcript shall in such case contain the special verdict or conclusions of fact and law aforesaid and the judgment rendered thereon."

Sec. 2. The fact that the passage of this act will facilitate the administration of justice, and the certainty of an early adjournment of the Legislature renders it doubtful whether this bill can be read on three several days; it is therefore enacted that the constitutional rule requiring this bill to be read on three several days be suspended and it is so suspended. Approved July 9, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XLIII.-An act to provide for the assessment of sleeping, dining-room, palace and parlor cars assigned upon the railroads of this state, and to prescribe the method for levying and collecting the tax hereby imposed upon the same, and to repeal all former laws in conflict therewith.

Section 1. Be it enacted by the Legislature of the State of Texas, That any person, firm, company or corporation, owning or using in this state, sleeping, dining-room, palace or parlor cars, and run over the railroads therein, shall, in person or by their agent, report to the comptroller of this state, on or before the first day of January of each and every year, the number and valuation of sleeping, dining-room, palace or parlor cars so owned or assigned in this state at the time of said report. Said report of the number and value of said cars to be made under oath and to contain a clause to the effect that none of said cars have been temporarily withdrawn from said state before the date of said report, on the first day of January of each year, so as to avoid taxation. And in default of the person, firm, company or corporation making such report within thirty days after the time herein required to be made by themselves or agents, that the said comptroller is hereby empowered to make such assessment of the number and value thereof for the purpose of taxation; provided, that no greater number of cars shall be taxed than that number which shall be regularly or usually in the state.

Sec. 2. That there shall be levied and collected an annual direct ad valorem tax of one-half of one per cent. upon the value of the sleeping, dining-room, palace or parlor cars at the time of said assessment, in lieu of all other taxes upon said property, to be paid by said persons, firm, company or corporation to the comptroller of public accounts, on or before the first day of July in each and every year, and in default of such payment, the comptroller shall proceed to collect the same under the laws now in force for the collection of taxes; and the taxes herein imposed shall be and remain in lieu upon all the property of such persons, firm, company or corporation found in this state, and the comptroller is hereby empowered and directed to issue process upon the failure of such person, firm, company or corporation to pay the said tax, within the time herein specified, to the tax collector of any county in this state, in which the property of such persons, firm, company or corporation may be found, for purpose of enforcing the collection of the taxes herein imposed.

Sec. 3. That within thirty days after this act shall have taken effect, the persons, firm, company or corporation liable to tax under the preeeding sections, shall make report of the cars and their value, as hereinbefore provided, to the comptroller of this state, and shall pay the ad valorem tax of one-half of one per cent. hereby imposed upon the same, on or before the first day of January thereafter, subject to the same penalties for default as provided for in the second section of this act.

Sec. 4. Should the comptroller and the persons, firm, company or corporations liable to tax under the provisions of this act, their agents or attorneys, fail to agree as to the valuation which shall be made of the property taxed hereunder, then they shall each select one disinterested. person to make a valuation of such property. Should the two persons so selected fail to agree upon a valuation to be made, then they shall select a third disinterested person to act with them, and the valuation made by such persons so selected shall be accepted by all parties and the property rendered thereat.

Sec. 5. That all former laws imposing and levying any occupation taxes upon the property enumerated in this act for the purposes of state or county taxes, and all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

Sec. 6. The near approach of the close of the present session of the Legislature, and the fact that the state should not delay any legislation that would enforce the collection of the taxes for the present year upon the property enumerated in this act, creates an imperative public necessity and an emergency for the suspension of the constitutional rule requiring this bill to be read on three several days, and for the immediate passage of this act said rule is therefore suspended, and 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 XLIV.-An act to amend chapter three, title fifteen of the Code of Criminal Procedure of the State of Texas, passed at the first session of the Sixteenth Legislature in the year 1879, by creating articles 1075 and 1076 thereof, relating to costs paid by counties.

Section 1. Be it enacted by the Legislature of the State of Texas, That chapter three, title fifteen of the Code of Criminal Procedure of the State of Texas, passed at the first session of the Sixteenth Legislature in the year 1879, shall be so amended that it shall contain articles 1075 and 1076, and so that said articles shall read as follows:

"Article 1075. There shall be paid to the county judge, by the county, the sum of three dollars for each criminal action tried and finally disposed of before him.

"Article 1076. The county judge shall present to the commissioners' court of his county, at a regular term thereof, an account in writing, specifying each criminal action in which he claims the fee allowed by the preceding article, which account shall be certified to be correct by such judge, and the same shall be filed with the clerk of the county court. The commissioners' court shall approve such account for such amount as they may find to be correct, and order a draft to be issued upon the county treasurer in favor of such judge for the amount so approved."

Sec. 2. The near approach of the end of the session, and the fact that there is no provision in the law providing fees for county judges, creates an imperative public necessity and emergency that the rules requiring this bill to be read on three several days be suspended, and it is hereby suspended, and that this act 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 XLV.-An act to prescribe what character of buildings shall be erected and what articles shall be manufactured at the East Texas Penitentiary at Rusk.

Section 1. Be it enacted by the Legislature of the State of Texas, That the "East Texas penitentiary board" in contracting for the building of workshops and other improvements necessary and proper to put

the East Texas penitentiary into operation, shall cause such improvements to be made and buildings to be erected as will, in its judgment, furnish employment for the largest number of convicts practicable, with machinery and tools which can be purchased and had without an extravagant outlay of money, and need not provide for the manufacture of iron exclusively, but shall provide for smelting and casting iron, and may provide for more extensive iron works, if, after experiment, it shall be found advisable.

Sec. 2. That the obscurity of the law relating to this subject creates an imperative public necessity that the rule requiring this bill to be read on three several days be suspended, and it is suspended, and that this act take effect from its passage, and it is so enacted.

Approved July 9, A. D. 1879.

Takes effect from and after its passage.

CHAPTER XLVI.-An act to amend article 1057, 1058, and 1059 of the Code of Criminal Procedure of the State of Texas, adopted at the regular session of the Sixteenth Legislature.

Section 1. Be it enacted by the Legislature of the State of Texas, That articles 1057, 1058 and 1059 respectively of the Code of Criminal Procedure of the State of Texas, passed and adopted at the regular session of the Sixteenth Legislature, be so amended as to read as follows:

"Article 1057. Before the close of each term of the district court, the district or county attorney, sheriff and clerk of said court shall each make out a bill or account of the costs claimed to be due them by the state respectively in the felony cases tried at that term; the bill or account shall show

"1. The style and number of the case in which the costs are claimed to have accrued.

"2. The offense charged against the defendant.

"3. The term of the court at which the case was disposed of.

"4. The disposition of the case and that the case was finally disposed of and no appeal taken.

"5. The name and number of defendants, and if more than one whether they were tried jointly or separately.

"6. Where each defendant was arrested, or witness served, stating the county in which the service was made, giving distance and direction from county seat of county in which the process is served, and mileage shall be charged for distance by the most direct and practicable route from the court whence such process issued to the place of service.

". In allowing mileage the judge shall ascertain whether the process was served on one or more of the parties named therein on the same tour, and shall allow mileage only for the number of miles actually traveled, and then only for the journey made at the time the service was perfected. "8. The court shall inquire whether there have been several prosecutions for an offense or transaction that is but one offense in law, and if there is more than one prosecution for the same transaction or a portion thereof that could have been combined in one indictment against the same defendant, the judge shall allow fees to sheriffs, clerks and district and county attorneys in but one prosecution.

"9. Where the defendants in a case have severed on the trial, the judge shall not allow the charges for service of process and mileage to be duplicated in each case as tried, but only such additional fees shall be allowed as are caused by the severance.

"Article 1058. It shall be the duty of the district judge when any such bill is presented to him to examine the same carefully and to inquire into the correctness thereof, and approve the same in whole or part, or to disapprove the entire bill as the facts and law may require; and such bill, with the action of the judge thereon, shall be entered on the minutes of said court; and immediately on the rising of said court it shall be the duty of the clerk thereof to make a certified copy from the minutes of said court of said bill and the action of the judge thereon, and transmit the same by mail in registered letter to the comptroller of public accounts.

"Article 1059. It shall be the duty of the comptroller upon the receipt of such claim and said certified copy of the minutes of said court, to closely and carefully examine the same, and if correct to draw his warrant on the state treasurer for the amount due in favor of the officer entitled to the same; provided, that if the appropriation for paying such accounts is exhausted, the comptroller shall file the same away, if correct, and issue a certificate in the name of the officer entitled to the same, stating therein the amount of the claim and character of the service performed. And all such claims or accounts not transmitted to, or placed on file in the office of the comptroller of public accounts within six months from the date of the final disposition of the case in which the services were rendered, shall be forever barred."

Approved July 9, A. D. 1879.

Takes effect ninety days after adjournment.

CHAPTER XLVII.-An act defining the boundary lines of Montague county.

Section 1. Be it enacted by the Legislature of the State of Texas, That article 860 of the Revised Civil Statutes, adopted by the Sixteenth Legislature, February ...., 1879, shall hereafter read as follows:

"Beginning six miles west of the northeast corner of Wise county; thence west with the north line of Wise and Jack counties to a point four miles west of the northeast corner of Jack county; thence due north to Red river; thence down said river with its meanders to a point due north of the beginning; thence due south to the place of beginning."

Sec. 2. That all laws and parts of laws in conflict with the above entitled act are hereby repealed.

Sec. 3. The near approach of the close of the session creates a public imperative necessity that the constitutional rule requiring bills to be read on three several days should be suspended, and it is so suspended. Approved July 9, A. D. 1879.

Takes effect ninety days after adjournment.

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