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writs and process as have been issued, executed and returned shall be as valid as if no change had been made in said courts by the passage of this act.
SEC. 3. The fact of the near approach of the terms of the district court in the counties of the fifth judicial district that are intended to be benefited by this act, creates an imperative public necessity and emergency for the immediate passage of this act; therefore, the constitutional rule requiring this bill to be read on three several days is hereby suspended, and this act shall take effect and be in force from and after its passage.
Approved February 26, A. D. 1881.
CHAPTER XXIII.-An act regulating the removal of the disabilities
SECTION 1. Be it enacted by the Legislature of the State of Texas, That any minor in this State over the age of nineteen years, who may desire to have his disabilities as a minor removed, he shall
, by a bill or petition, present to the district court of the county where he may reside the cause or causes existing which make it advisable or advantageous to said minor to have his disabilities removed, which bill or petition shall be sworn to by some person cognizant of the facts set out in said bill or petition.
SEC. 2. Said petition or bill shall be docketed on the trial docket of the court, and may be heard by the court either in regular order or at any time during term time, and if it shall appear to the court that the ground or causes set out are sufficient, and that it is advisable, or will be advantageous to such minor, in person or property, to have his disabilities as a minor removed, the court shall enter up a decree removing the disabilities of said minor, and cause it to be entered of record among the decrees and judgments of court.
Sec. 3. After the removal of such disabilities of minority, the said minor shall be deemed and held for all legal purposes, of full age, and shall be held responsible, and shall have all the privileges and advantages as if he were of full age, saving only that he shall not vote until he arrives at the full
age of twenty-one years. Sec. 4. In all proceedings under this act, a copy of the petition shall be served upon the father of the minor, if living within the State, and, if he be dead, that fact shall be mentioned in the petition. If the father of the minor be not living, then a copy of the petition shall be served upon the county judge of the county in which the proceeding is instituted, and in all such cases the court bearing the application shall appoint a special guardian, whose duty it shall be, in connection with the county judge, to represent the true interests of the minor, as they shall understand it, in aiding or resisting the application of the minor. An allowance shall be made by the district judge presiding to the special guardian, which shall be paid out of the estate of the minor.
Approved March 2, A. D. 1881.
CHAPTER XXIV.-An act to amend chapter 3, of title 17, of the
Penal Code of Texas, by adding after article 683 article 683a.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That the Penal Code of Texas be amended by adding after the article 683 article 683a, which shall read as follows, viz: “That any baggagemaster, express agent, stage or hack-driver, or other common carrier, whose duty it is to handle, remove, transfer or take care of trunks, valises, boxes or other baggage while loading, transporting, unloading, transferring, delivering, storing or handling the same, whether or not in the employ of any transportation company or common carrier, who shall maliciously or carelessly or recklessly break, injure or destroy the said baggage, shall be deemed guilty of a misdemeanor, and, on conviction, be fined in a sum not exceeding one hundred dollars; provided, that a prosecution for a misdemeanor, as provided in this section, shall not be a bar to a civil action for damages."
Approved March 5, A. D. 1881.
CHAPTER XXV.-An act to amend articles 364 and 365 of an act
entitled “An act to adopt and establish a Penal Code and a Code of Criminal Procedure for the State of Texas,” presented to the governor for his approval on February 27, 1879.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That articles 364 and 365 of an act entitled “An act to adopt and establish a Penal Code and a Code of Criminal Procedure for the State of Texas,” presented to the governor for his approval on February 27, 1879, be so amended as to hereafter read as follows:
"Article 364. If any person shall bet or wager at any gaming table, or bank, or pigeon-hole or jenny lind table, or nine or ten pin alley, such as are mentioned in the six preceding articles, or shall bet or wager any money or other thing of value at any of the games included in the six preceding articles, or at any of the following games, viz: poker-dice, jack-pot, high dice, high die, low dice, low die, dominoes, euchre with dominoes, poker with dominoes, sett with dominoes, muggins, crack-loo, crack-or-loo, or at any game of any character whatever that can be played with dice or dominoes, or at any table, bank or alley, by whatsoever the name may be known, and without reference to how the same may be constructed or operated, he shall be fined not less than ten dollars nor more than twenty-five dollars; provided, no person shall be indicted under this section for playing any of said games with dice or dominoes at a private residence.
“Article 365. If any person shall permit any game prohibited by the provisions of this chapter to be played in his house, or a house under his control, or upon his premises, or upon premises under his control, the said house being a public place, or the said premises being appurtenances to a public place, he shall be fined not less than twenty-five nor more than one hundred dollars.”
Approved March 5, A. D. 1881.
CHAPTER XXVI.-An act to repeal article 2234 of an act entitled
“An act to adopt and establish the Revised Civil Statutes of the State of Texas," passed by the Sixteenth Legislature.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 2234 of “an act to adopt and establish the Revised Civil Statutes of the State of Texas,” passed by the Sixteenth Legislature, be and the same is hereby repealed.
Whereas, there is apparently a conflict between the requirements of the above named article and the provisions and intent of section 1 of “an act to define in what civil causes depositions of witnesses may be taken,” approved April 21, 1879, creating a confusion and variety of opinion thereon, and rendering uncertain the rights, and endangering the interest of citizens under said last-named act; therefore an emergency is created for the suspension of the constitutional rule directing that no law shall go into force until ninety days after the adjournment of the Legislature, and said rule is hereby suspended, and this act shall take effect and be in force from and after its passage.
Approved March 9, A. D. 1881.
CHAPTER XXVII.-An act to amend article 375, chapter 4, of
title 17, of the Revised Civil Statutes of the State of Texas, relating to the powers of the councils of cities and towns, over streets, alleys and public grounds.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 375, chapter 4, of title 17, of the Revised Civil Statutes of the State of Texas, shall be so amended as hereafter to read as follows:
“ Article 375. The council shall have exclusive control and power over the streets, alleys, public grounds and highways within the corporate limits, and shall have power to abate and remove encroachments or obstructions thereon, and shall have power to open, alter, widen, extend, establish, regulate, grade, clean or otherwise improve said streets, and to cause the
male inhabitants, between the ages of eighteen and forty-five years, to work thereon, not exceeding six days in any one year, or furnish a substitute, or a sum of money (not to exceed one dollar for each day's work demanded) to employ said substitute, and to enforce the same by appropriate ordinances; to put drains or sewers therein, and to prevent the incumbering thereof in any manner, and to prevent the same from injury; and to regulate and alter the grade of premises and to require the filling up and raising the same; provided, that citizens of cities and towns, who work under the provisions of this act, shall not be liable to work upon the public roads outside of the corporate limits of said city or town under the general road law of the State.”
Approved March 9, A. D. 1881.
CHAPTER XXVIII.-An act to amend section 11 of an act entitled “
act to protect the wool-growing interests of the State of Texas," approved March 25, 1879.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That hereafter section 11 of the above entitled act shall read as follows, to-wit:
“Section 11. The following counties are hereby exempted from the provisions of this act, viz.: Anderson, Angelina, Bowie, Cass, Chambers, Cherokee, Collin, Cooke, Dallas, Delta, Denton, Ellis, Fannin, Fayette, Fort Bend, Franklin, Freestone, Grimes, Hardin, Harris, Harrison, Henderson, Jack, Jasper, Jefferson, Johnson, Kaufman, Lamar, Lee, Liberty, Madison, Marion, Montgomery, Morris, Nacogdoches, Newton, Orange, Panola, Parker, Polk, Rains, Red River, Rusk, Sabine, San Augustine, San Jacinto, Shelby, Somervell, Tarrant, Titus, Trinity, Ty. ler, Van Zandt, Wood, Walker, Waller, Wharton, Young, and the unorganized counties attached to Jack and Young counties for judicial purposes. The counties of Clay, Montague and Wise, together with the unorganized counties attached to the same for judicial purposes, are also exempted from the provisions of this act."
Approved March 9, A. D. 1881.
CHAPTER XXIX.-Ai act to amend sections 1, 3, 5, and 7 of an act entitled “
an act to protect the wool-growing interest of the State of Texas," approved March 25, 1879.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That sections 1, 3, 5 and 7 of an act entitled “an act to protect the wool-growing interest of the State of Texas,” approved March 25, 1879, be and the same are hereby amended so as to read hereafter as follows:
“Section 1. Whenever it appears from the assessor's rolls that there are as many as five hundred sheep owned and assessed for taxes in any county in this State (that is not exempted from the operations of this act by the original bill), it should be tbe duty of the commissioners' court of such county, upon the application of one or more resident sheep owner or owners of said county, to appoint an inspector of sheep, who shall be a resident citizen of the county and well versed in the scab and other diseases which usually affect sheep, and said inspector shall hold his office until the next general election, or until his successor in office shall have qualified; provided, the qualifications required for inspector herein shall not apply to those appointed before this act takes effect. Said inspector may appoint one or more deputies, who shall take the oath of office prescribed by the constitution, and may lawfully perform the same acts as the inspector of sheep, who may require of his deputies bonds for the faithful performance of duty.
"Sec. 3. It shall be the duty of the inspector of sheep, or the deputy inspector, to carefully and personally examine and inspect at any time dụring the year any fiock of sheep in his county, or which may be driven into or through his county, and which he has good reason to believe or is informed by two or more creditable sheep owners, is affected with scab or any other infectious or contagious disease; provided, that when the inspector of sheep makes the examination and inspection upon his own motion, he shall not be entitled to any compensation, unless the sheep are affected with scab or some infectious or contagious disease; and if any inspector of sheep shall wilfully demand or receive any fee or compensation where none is allowed him by law, he shall be deemed guilty of misdemeanor, and, upon conviction thereof, he shall be fined in any sum not less than ten nor more than two hundred dollars, and shall also be deemed guilty of official misconduct and liable to be removed from office, as is or may be provided by law. " Sec. 5.
Whenever, upon examination and inspection, herebefore provided, of flocks herded or kept in the county, scab or any other infectious or contagious disease is ascertained to exist in any flock, the inspector shall at once notify the owners or persons in charge thereof of said fact, and shall prescribe certain limits within which said flock shall be herded until cured; provided, no person shall be so limited as to prevent bim from herding or keeping his sheep anywhere on his own land or lands lawfully controlled by him, if the tract or tracts of said land are so contiguous to each other that in herding or driving the sheep the same will not go or be upon any tract or tracts of land of some other persons. “ Sec. 7.
No sheep owners shall give information to any inspector of sheep that any flock of sheep is affected with scab or any infectious or contagious disease, until he shall have first personally and carefully examined said flock, or have been refused the privilege of so doing; provided, that if upon the information of the sheep owners, the inspector of sheep makes the examination and inspection, and finds scab or other infectious or contagious disease to 'exist among the sheep, his acts in so doing shall not be deemed invalid in any proceedings under this act in any court of this State against such owner or persons in charge of the sheep so examined and inspected from the fact that said informants did not comply, or may not have complied, with their duty under this section before they gave information to the inspector."
Approved March 9, A. D. 1881.
CHAPTER XXX.-An act to provide for the change of time of hold
ing the terms of the district court of Gonzales county.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That hereafter the terms of the district court in and for Gonzales county shall be holden on the first Monday in Jauuary and on the third Monday in June, of each year, and continue in session four weeks, or until the business is disposed of.
SEC. 2. That all writs and process returnable to said courts shall be returnable to the terms of said courts as herein defined; and all such writs and process as have been issued, executed and returned, shall be as valid as if no change had been made in said court by the passage of this act.
Whereas, the term of the district court of Gonzales county, under the law as it now exists, will soon commence, and at a time when it will occasion great trouble and inconvenience to the farming communities of said county, therefore, there exists an emergency and public imperative