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CHAPTER XLVIII.—An act to prescribe the remedy and regulate the proceedings by quo warranto, and confer the jurisdiction in certain cases upon the district court of Travis county.
Section 1. Be it enacted by the Legislature of the State of Texas, That in case any person shall usurp, intrude into, or unlawfully hold or execute, or is now intruded into, or now unlawfully holds or executes any office or franchise, or any office in any corporation created by the authority of this state, or any public officer shall have done or suffered any act which by the provisions of law works a forfeiture of his office, or any association or number of persons shall act within this state as a corporation without being legally incorporated, or any incorporation does or omits any act which amounts to a surrender or a forfeiture of its rights and privileges as a corporation, or exercises powers not conferred by law, or if any railroad company doing business in this state shall charge an extortionate rate for the transportation of any freight or passengers, or refuse to draw or carry the cars of any other railroad company over its line as required by the laws of this state, the attorney general, or district or county attorney, of the proper county or district, either of his own. accord or at the instance of any individual relator, may present a petition to the district court of the proper county, or any judge thereof, in vacation, for leave to file an information in the nature of a quo warranto, in the name of the State of Texas; and if such court or judge shall be satisfied that there is probable ground for the proceeding, the court or judge may grant, the petition and order the information to be filed and process to issue.
Sec. 2. When it appears to the court or judge that the several rights of divers parties to the same office or franchise may properly be determined on one information, the court or judge may give leave to join all such persons in the same information in order to try their respective rights to such office or franchise.
Sec. 3. When the information is filed, as hereinbefore provided, the clerk shall issue citation in like form as in civil suits commanding the defendent to appear at the return time of said court to answer the relator in an information in the nature of a quo warranto. If the information is filed in vacation the citation shall be returnable on the first day of the next succeeding term; if in term time it may be made returnable on any day of the same term, not less than five days after the date of the writ, as shall be directed by the court.
Sec. 4. Every person or corporation who shall be cited as herein before provided shall be entitled to all the rights in the trial and investigation. of the matters alleged against him, as in cases of trial of civil causes in this state; and in case of appeal to the supreme court, to which either party shall be entitled, the said court shall give preference to such case and hear and determine the same at the earliest day practicable; and all such appeals shall be prosecuted to the term of the court in session, at either branch, or the first term to be held, if not in session, after judgment has been rendered in the district court.
Sec. 5. In case any person or corporation against whom any such is filed shall be adjudged guilty, as charged in the information, the court shall give judgment of ouster against such person or corporation from the office or franchise, and may fine such person or corporation for usurping, intruding into or unlawfully holding and executing such office or
franchise, and shall also give judgment in favor of the relator for the costs of the prosecution.
Sec. 6. The remedy and mode of procedure hereby prescribed shall be construed to be cumulative of any now existing.
Sec. 7. Suits against persons illegally claiming or holding any state office or appointment as contradistinguished to a county or district office, shall be brought in the district court of Travis county.
Sec. 8. Whereas, this session of the Legislature must adjourn in less than three days from this date, therefore there exists an imperative public necessity for the passage of this act to supply a defect now existing in the laws of this state; it is therefore enacted that the constitutional rule requiring bills to be read on three several days be suspended. Approved July 9, A. D. 1879.
Takes effect ninety days after adjournment.
CHAPTER XLIX.-An act supplemental to and amendatory of an act entitled "An act to make an appropriation for the support of the state government for the years beginning March 1, 1879, and ending February 28, 1881," approved April 23, 1879.
Section 1. Be it enacted by the Legislature of the State of Texas, That the following sums of money, or so much thereof as may be necessary, be and the same are hereby appropriated out of any money not otherwise appropriated for the periods hereinafter stated, viz: For the support of the public free schools for the years ending August 31, 1880 and 1881, one-sixth of all the ad valorem and occupation taxes that may be collected, exclusive of the cost of collection; all the annual poll tax levied for school purposes, exclusive of the cost of collection, and all the interest on the permanent school fund, including bonds and other interest-bearing indebtedness, now or hereafter belonging to said permanent school fund.
For additional clerk force for extra work in assessing
Adjutant General's Office.
For increase pay of clerk..... erection of armory building.
For provisions for fifty additional patients.... additional attendants, seamstresses and laun
For additional bedding...
erecting water closet and removing old building.
Any deficiency in an item of appropriation for the benefit of the asylum may be paid out of any other fund appropriated therefor, from which the same can be taken without creating a deficiency therein.
Department of Insurance, Statistics and History. For additional clerk hire, so as to have one clerk for supreme court and state library. . . Treasury Department. For increase of salary of porter for treasury and comptroller's departments per year.... Penitentiary.
For contingent fund to enable the governor to take]
Prairie View Agricultural College. Additional for the branch agricultural college for colored youths at Prairie View, to be taken from the university fund.....
Sam Houston Normal School.
For furniture ..
YEARS ENDING Feb.29.1880 | Feb.28,1881 $500
For presidential electors in 1880......
rewards and expenses by the state in recovery of
expenses of comptroller in selling bonds.....
$60,000 $60,000 $60,000
For paying board of veterans provided for in "An act
YEARS ENDING Feb.29,1880 | Feb.28,1881
Sec. 2. The near approach of the close of the present session of the Legislature, and the fact that a portion of the interest provided for in this bill falls due in July, 1879, creates an imperative public necessity and 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 from and after its passage.
CHAPTER L.-An act to regulate the advertisement of sales of lands
for taxes dues thereon, and of lands that have been sold for taxes and purchased by the state, and to repeal so much of article 4752 of the Revised Civil Statutes of Texas, adopted by the Sixteenth Legislature of the State of Texas at the first session thereof, and so much of section three of "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," as are or may be in conflict with the provisions of this act.
Section 1. Be it enacted by the Legislature of the State of Texas, That prior to the sale of any real property for taxes in any county in this state the collector of taxes shall advertise the same by posting a list ot the names of the delinquents for thirty days as follows: One copy at the court house door of the county and a copy at two other public places in the county where the lands or lots are situated.
Sec. 2. That so much of the above recited acts, sections and articles and all laws and parts of laws in conflict with the provisions of this act, and all laws requiring collectors of taxes to advertise in newspapers any tax sales, be and the same are hereby repealed.
Sec. 3. Whereas, the end of the session is near at hand and the law as it now exists requires impossibilities of collectors of taxes and retards the collection of the state revenues; therefore, an emergency exists, and an imperative public necessity demands that the constitutional rule requiring
a bill 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. Approved July 9, A. D. 1879.
Takes effect from and after its passage.
CHAPTER LI.-An act to amend "An act to provide for the incorporation of associations that may be organized for the purpose of constructing railways, maintaining and operating the same, for prescribing and defining the duties and limiting the powers of such corporations when so organized," approved August 15, 1876.
Section 1. Be it enacted by the Legislature of the State of Texas, That section thirty-one of "An act to provide for the incorporation of associations that may be organized for the purpose of constructing railways, maintaining and operating the same, for prescribing and defining the duties and limiting the powers of such corporations when so organized," approved August 15, 1876, be so amended as to read as follows:
"Section 31. If any railway corporation, organized under this act, shall not, within two years after its articles of association shall be filed and recorded as provided in the second section of this act, begin the construction of its road and construct, equip aud put in good running order at least ten miles of its proposed road; and if any such railroad corporation, after the first two years, shall fail to to construct, equip and put in good running order at least twenty additional miles of its road, each and every succeeding year, until the entire completion of its line, such corporation shall, in either of such cases, forfeit its corporate existence, and its powers shall cease as far as relates to that portion of said road then unfinished, and shall be incapable of resumption by any subsequent act of incorporation; provided, that any railroad company heretofore organized under the act to which this is an amendment, which shall, previous to the taking effect of this amendment, have graded as much as ten miles of its road-bed, shall have an additional time of twelve months from the day of the passage of this amended act to construct, equip and put in good running order at least ten miles of its proposed road, as required in the section herein amended; and any such company may then and thereafter proceed to construct twenty miles of its proposed road each and every succeeding year after the lapse of the additional period of twelve months hereby given, and shall not, in such case, forfeit its corporate existence or any of the powers or privileges conferred by said act or any other law of this state."
Sec. 2. That article 4278 of chapter thirteen of the Revised Statutes be and the same is hereby repealed, in so far as it conflicts with the provisions of this act.
Sec. 3. The fact that the present extra session of the Sixteenth Legislature is limited to thirty days, and a good portion of the same having been exhausted, and the great interests involved in the provisions of this act, create an emergency and necessity for the immediate taking effect of the same; and it is therefore enacted that it be in force from and after its passage.
Approved July 14, A. D. 1879.
Takes effect from and after its passage.