Galveston, Goliad, Grayson, Gregg, Grimes, Hardin, Harris, Harrison, Henderson, Hill, Hunt, Jasper, Jefferson, Johnson, Kaufman, Lamar, Lee, Leon, Liberty, Milam, Madison, Marion, Montgomery, Morris, Nacogdoches, Newton, Orange, Panola, Parker, Polk, Raines, Red River, Robertson, Rockwall, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Smith, Tarrant, Titus, Trinity, Tyler, Upshur, Van Zandt, Walker, Washington and Wood and Calhoun and Victoria are hereby exempted from the operations of this act, and the provisions of the same shall in no wise relate or apply to the aforesaid counties; provided, that in those counties bordering on the lines of the State, except those bordering on Red River, whether organized or unorganized, the governor shall appoint an inspector whose duty it shall be to inspect under the provisions of this act all stock about to be driven or shipped out of the State, or in any other county exempt from the operations of this act, where there is a depot or place for the shipment of cattle; provided, that such cattle shall not be subject to inspection on board of any railroad, unless the same have been placed on board of such train for the purpose of evading the provisions of this act; and provided, also, that the counties of Limestone, McLennan, Nueces, Bell, Calhoun and Navarro, and Hood, Houston, Somervell, Bosque and Victoria counties shall be exempt from all laws regulating the inspection of hides.

SEC. 2. The great necessity for this law, and the near approach of the end of this session of the Legislature, creates an imperative public necessity and emergency, requiring the constitutional rule that bills be read on three several days in each house be suspended, and the same is therefore suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved April 4, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XCIV.-An act to relieve the inhabitants of Cameron county from the payment of the State tax for the year 1880.

WHEREAS, during the twelfth and thirteenth of August, 1880, the county of Cameron was devastated by a tempest, which greatly damaged the people of that county, destroying their houses, fences and crops, and thereby limiting their means of payment of the usual taxes; therefore,

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the inhabitants of Cameron, county, Texas, be and they are hereby released from the payment of State taxes for the year 1880, on all improved real estate in said county; provided, that on lands outside of cities and towns only six hundred and forty acres of land, including improvements, in any tract or tracts owned by the same person, shall be exempt under this act; provided, that the collection of taxes on the current rolls of said county be stopped, and the assessment rolls of said county shall be reformed by the assessor of said county, within sixty days from the passage of this act, to conform to the provision hereof, and that the collector of taxes of said county shall refund to any person the tax collected of him, or such portion thereof as he shall be entitled to, upon the corrected rolls as herein provided; and provided further, that the said assessor and collector shall be entitled to receive their legal fees for ser

vices under this act, as now provided by law, to be realized from the fund that will remain to the State.

SEC. 2. The end of the session being near, and the tax collector pressing the collection of taxes for 1880, there exists an imperative public necessity and an emergency that the constitutional rule requiring bills to be read on three several days be suspended, and that this act take effect at once, and it is so enacted.

Approved April 4, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XCV. --An act for the relief of persons whose lands have been rendered for taxation, and also placed upon the unrendered rolls.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That any person whose land has been rendered for taxation, whether the same was rendered in the name of the real grantee or not, and has also been placed upon the unrendered rolls for the same year, shall be entitled to relief upon complying with the requirements hereinafter indicated.

SEC. 2. If any such lands shall have been sold for the taxes charged upon the unrendered rolls, and bought by the State, the owner thereof, his agent or attorney, shall present to the tax collector of the county in which the land is situated a sworn statement to the effect that the same land has been rendered for taxation, and placed upon the regular assessment rolls for the year mentioned. Said affidavit shall contain an accurate description of the land, and be accompanied with the certificate of the tax assessor that the same is true and correct; and the tax collector shall thereupon present such person with a written statement officially signed, that said tax has been cancelled, and make a note of the same upon the unrendered rolls; provided, the provisions of this section shall apply to such lands at any time after the collector shall receive the rolls until the same shall have gone into the hands of a private purchaser; and if the owner shall have paid the taxes charged upon the unrendered rolls at any time previous to the passage of this act he shall be entitled to the warrant of the comptroller for the amount so paid, in the same manner as is provided in section 3 of this act, in cases of redemption from individual purchasers; provided further, that the tax collector shall make no charge whatever for the duties herein mentioned.

SEC. 3.

When the owner of such lands shall have redeemed the same

This war

from a private purchaser it shall be the duty of the tax collector to furnish him a certificate to that effect; and upon presentment of said certificate to the comptroller, the comptroller shall issue to him a warrant upon the treasurer of the state for the amount of such tax. rant shall be receivable for all taxes to the State. For issuing the certificate provided for in this section the tax collector shall be allowed the sum of fifty cents, to be paid by the applicant.

SEC. 4.

Whereas, there are many persons in this State whose lands have been placed upon the unrendered rolls, in consequence of mistakes in the name of original grantees, whereby great inconvenience and expense are entailed upon the people, therefore an imperative public necessity and emergency exist for the suspension of the rules, and that this act take effect and be in force from and after its passage.

Approved April 4, A. D. 1881.

Takes effect from passage.

CHAPTER XCVI.-An act to amend article 220 of the Criminal Code.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 220 of the Criminal Code be so amended as hereafter to read as follows, to-wit:

"Article 220. If any person shall willfully oppose or resist an officer in executing or attempting to execute any lawful warrant for the arrest of another person in a case of misdemeanor, or in arresting or attempting to arrest any person without a warrant, where the law authorizes or requires the arrest to be made without a warrant, he shall be punished by a fine of not less than twenty-five nor more than five hundred dollars, and if arms be used, by a fine of not less than fifty nor more than one thousand dollars."

SEC. 2. The near approach of the close of this session creates a necessity for the suspension of the constitutional rule requiring this bill to be read on three several days, and the same is therefore suspended.

Approved April 4, A. D. 1881.

Takes effect ninety days after adjournment

CHAPTER XCVII.-An act to authorize the governor, state treasurer and superintendent of the penitentiary, to contract for conveying convicts from the counties where sentenced to the penitentiaries.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the governor, state treasurer, and superintendent of the penitentiaries be and they are hereby constituted a board hereby authorized to contract for a term not exceeding five years, except as provided in section 11 hereof, with some responsible person, firm or association of persons, upon such terms and conditions as to them may seem best, to receive and safely transport all convicts from the counties where sentenced, or the place where confined after sentence, to the penitentiaries, or to such place as the superintendent of the penitentiaries may direct; provided, the contractor shall not be required to carry any convict to any point at a greater distance than the nearest penitentiary; provided, further, that any contract made under this act before a new leasing of the penitentiaries shall be made to terminate with the present lease, on January 1,

1883.

SEC. 2. At least thirty days before making such contract, the said board shall advertise in one or more newspapers in the State having a wide circulation, for sealed proposals to so transport convicts, giving notice of the time and place when such proposals shall be acted upon, and may require such conditions and guarantees as they deem proper.

SEC. 3. When a contract is made according to the terms of this act, the contractor or contractors shall enter into bonds in the sum of twenty thousand dollars, payable to the governor of the State of Texas, and his successors in office, with two or more securities, to be approved by said board, conditioned that said contractor or contractors will faithfully and fully carry out and comply with said contract, and with the requirements imposed by this act.

SEC. 4. The contract herein provided for shall begin and be in operation from the date of the expiration of the present contract for trans

portation of convicts with Messrs. Cunningham & Ellis; and the governor shall, by proclamation, give notice of the making of such contract, and a copy of such proclamation shall be forwarded by the secretary of state to each sheriff in the State; and each sheriff shall, after the date when such contract takes effect, deliver to the order of the party or parties contracting with the State, all convicts who may be in his custody ready to be sent to the penitentiary, together with the certified copy of the judgment and sentence of the court, before which said convict or convicts were tried, convicted and sentenced, taking and filing a receipt therefor.

SEC. 5. Immediately upon the adjournment of the district court in any county, it shall be the duty of the district clerk to notify the contractor or his agent, by letter or otherwise, if there by any person or persons, and how many, convicted in his court ready to be transported to the penitentiary; he shall likewise, at the same time notify the superintendent of the penitentiary by registered letter, of the number of convicts ready for transportation, giving name, age, sex, conplextion and term of years for which convicted; the same kind of notice shall be given by said district clerk when the case of any convict has been affirmed by the court of appeals so soon as the mandate of said court in said case been received and filed.

SEC. 6. In all cases where a convict is demanded by a contractor, or by any agent appointed by him, the authority of such person, under the seal of the State, presented to the clerk of the court in which the conviction has been obtained, shall be a sufficient authority for the said clerk to issue his warrant in the name of the State requiring said contractor or his agent to take charge of said convict and deliver him inside the walls of the penitentiaries or to the lessees. The said clerk is required to have the proper commitment papers ready to accompany the convict.

SEC. 7. The said contractor shall be allowed time as follows from the date of the mailing of the notices by the district clerk to the contractor, and superintendent of the penitentiary, in which to call for the convict or convicts, viz: Where the place of confinement of the convict is within fifteen miles of a point having railroad connection with the penitentiary, seven days; where not less than fifteen nor more than sixty miles, ten days; where not less than sixty nor more than one hundred and fifty miles, fifteen days; not less than one hundred and fifty miles, twenty days; and from any point on or near a railroad having connection with the penitentiary, but over four hundred miles distant from it, ten days.

SEC. 8. If after due notice by the clerk of the court, the contractor fails or refuses to call on the sheriff for any convicts within the times specified above, then the sheriff may charge and demand from the contractor or agent three dollars per day for each convict ready to be transported from the expiration of the time allowed until the said convict is called for, and he may refuse to deliver such convict until the charges hereby allowed are paid.

SEC. 9. If the contractor or his agent fails or refuses to call for any convict or convicts within thirty days after the date of the notice by the district clerk of any county, then the sheriff of said county shall proceed at once to carry said convict or convicts to the penitentiary, for which he shall receive compensation as follows: ten cents per mile for self and each guard going and returning, and ten cents per mile for each convict going, the distance to be computed by the nearest practicable railroad route; provided, that no allowance will be made for a guard for one pris

oner, nor for more than one guard for a less number than four prisoners, and only one guard for each squad of four prisoners or fractional part thereof; the same to be paid by the contractor, together with other charges for board due upon the delivery of the convict or convicts within. the walls of the penitentiary, and should the contractor fail or refuse to pay the sheriff, it shall be the duty of the superintendent of the penitentiary to audit and approve the claim of said sheriff; and of the comptrol ler, after such approval, 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 to be paid the contractor for conveying convicts to the penitentiary; provided, that the account of such sheriff shall not be paid by the contractor or approved by the superintendent unless he produces the cer tificate of the district clerk, and the postmaster of his county, that the notices were given and mailed as required in section five of this act.

SEC. 10. Should the contractor at any time fail to carry out his eontract, then the superintendent of the penitentiary shall send for convicts. under the provisions of this act until a new contract be made.

SEC. 11. The said board may, if they think the interest of the State demands it, contract with the lessees of the penitentiary in any future contract or lease, and as a part thereof, that they, the lessees, during a part of the entire term of their lease, shall receive and carry the convicts, and the terms, regulations and conditions provided in this act, or other law relating thereto, shall control their rights, duties and liabilities, as though the contract to receive and carry had been made independent of the lease.

SEC. 12. All laws and parts of laws in conflict herewith are hereby repealed; provided, that nothing herein contained shall affect the contract made with Messrs. Cunningham & Ellis for conveyance of convicts to the penitentiary until termination of present contract.

SEC. 13. The near approach of the close of the present session of the Legislature, and the fact that there is no provision made for the transportation of convicts to the penitentiary from where sentenced, creates an emergency and an imperative public necessity that the constitutional rule requiring that all bills be read on three several days be suspended, and said rule is hereby suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved April 4, A. D. 1881.

Takes effect from passage.

CHAPTER XCVIII.-An act to amend the stock law.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That whenever there is territory between two sub-divisions of a county which have adopted the stock law, and in such intervening territory there is less than fifty free-holders, an election shall be ordered, on the petition of a majority of the free-holders residing in such intervening territory, and the election shall be held as provided by law in other cases relating to the adoption of the stock law.

SEC. 2. The near approach of the close of this session creates an im perative public necessity, justifying the suspension of the constitutional rule requiring this bill to be read on three several days, and said rule is suspended.

Approved April 4, A. D. 1881.

Takes effect ninety days after adjournment.