GENERAL LAWS OF TEXAS.

CHAPTER I.-An act making an appropriation for the mileage and per diem pay of the members, and per diem pay of the officers and employes of the Seventeenth Legislature.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of sixty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated, but of any moneys in the treasury not otherwise appropriated, for the payment of mileage and per diem of the members, and the payment of the per diem of the officers and employes, of the Seventeenth Legislature of the State of Texas.

SEC. 2. The certificate of the secretary of the Senate, approved by the president thereof, or the certificate of the chief clerk of the House, approved by the speaker thereof, shall be sufficient evidence to the comptroller, upon which he shall audit the claims and issue warrants upon the treasurer for the respective amounts.

SEC. 3. And whereas, the Seventeenth Legislature, for the payment of the officers and members of which this law is enacted, is now in session, and public policy requires their immediate payment, therefore, an emergency existing that this law take effect and be in force from and after its passage; and it is so enacted.

Approved January 17, A. D. 1881.

Takes effect from and after its passage.

CHAPTER II.—An act making an appropriation to defray the contingent expenses of the Seventeenth Legislature.

WHEREAS, It is of sufficient public importance that the contingent expenses of this Legislature be promptly paid, in order that the material furnished and labor performed may be procured at cash prices:

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of twenty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated, out of any money in the treasury not otherwise appropriated, to pay the contingent expenses of the Seventeenth Legislature. That, except in the case of accounts for printing done and stationery furnished, the certificate of the chairman of the committee on contingent expenses that an account has been examined and approved by said committee, and countersigned by the president of the senate or the speaker of the House, as the case may be,

shall be sufficient authority to authorize and require the comptroller of public accounts to draw his warrant on the state treasury for the payment of any claim against said fund. The accounts for printing and stationery shall take the course prescribed by the Revised Statutes.

SEC. 2. That the want of an appropriation to pay the contingent expenses of the Seventeenth Legislature creates an imperative public necessity that the rule requiring this bill to be read on three several days in each house should be suspended, and it is so suspended; and this act shall take effect and be in force from and after its passage. Approved January 24, A. D. 1881.

Takes effect from passage.

CHAPTER III.-An act to amend article 435 of the Code of Criminal Procedure, providing for the transfer of indictments from the district courts to courts having jurisdiction thereof.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 435 of the Revised Code of Criminal Procedure of the State of Texas, adopted by the Sixteenth Legislature, be so amended as hereafter to read as follows:

"Article 435. Upon the filing of an indictment in the district court of each county in this State, which charges an offense over which such court has no jurisdiction, the judge of such court shall immediately, or as soon as convenient, make an order transferring the same to such inferior court as may have jurisdiction to try the offense therein charged, stating in such order the cause transferred, and to what court transferred. Approved February 5, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER IV.-An act to extend the time within which all persons whose lands have been sold for taxes and bought in by the State, may redeem the same.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That all lands which have been sold for taxes and bought in by the State shall be restored to the owners of the same, if, within twelve months from the passage of this act, said owners or their agents shall pay to the State the original taxes due thereon and taxes due for each year since said sale, with eight per cent. interest thereon per annum from the date of the accrual of each year's taxes and all costs which have accrued thereon, under such rules and regulations as shall be prescribed by the comptroller of the State.

SEC. 2. Whereas, there are persons whose lands have been sold and are anxious to redeem the same, 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 bill take effect and be in force from and after its passage.

Approved February 5, A. D. 1881.

Takes effect from passage.

CHAPTER V.-An act to repeal article four hundred and fifty-one (451), chapter six (6), of title seventeen (17), of "an act to adopt and establish the Revised Civil Statutes of the State of Texas."

SECTION 1. Be it enacted by the Legislature of the State of Texas, That article four hundred and fifty-one (451), chapter six (6), of title seventeen (17), of "an act to adopt and establish the Revised Civil Statutes of the State of Texas," he and is hereby repealed.

SEC. 2. The conflict of the above article with other provisions of the Revised Civil Statutes regulating the mode of procedure in the seizure and sale of real estate for taxes in cities and towns creates an emergency which requires this bill to take effect from and after its passage, and it is so enacted.

Approved February 5, A. D. 1881.

Takes effect from passage.

CHAPTER VI.-An act to amend section one of "an act to diminish the civil and criminal jurisdiction of the county courts of certain counties in this State, and conform the jurisdiction of the district courts of said counties to such change," approved March 27, A. D. 1879.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the county courts of the counties of Polk, Jasper, Newton, Blanco, Brown, Camp, Chambers, Coleman, Concho, Coryell, Crockett, El Paso, Franklin, Hamilton, Hardin, Jefferson, Liberty, Llano, Marion, Matagorda, McCulloch, Morris, Nacogdoches, Pecos, Presidio, Sabine, San Augustine, San Jacinto, San Saba, Shelby, Titus, Tom Green, Trinity, Tyler, Orange and Angelina shall have and exercise the general jurisdiction of probate courts; shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis and common drunkards; grant letters testamentary and of administration; settle accounts of executors, administrators and guardians; transact all business appertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis and common drunkards, including the partition, settlement and distribution of estates of deceased persons, and to apprentice minors, as prescribed by law; and to issue all writs necessary to the enforcement of their jurisdiction, and to punish contempts under such provisions as are, or may be, provided by general law governing county courts throughout the State, and to have and exercise general jurisdiction over questions of eminent domain, as prescribed by law; but said county courts shall have no other jurisdiction, civil or criminal; provided, that this act shall not confer greater jurisdiction upon the county court of Shelby county than is already exercised by said court under the provisions of the act approved March 27, 1879, of which this act is amendatory.

SEC. 2. Whereas, it is impossible for the district courts in the counties herein named, to dispose of questions of eminent domain therein, without neglecting other business of said courts; and whereas, uncertainty exists as to jurisdiction in such cases, thereby 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 this bill take effect and be in force from and after its passage. Approved February 9, A. D. 1881.

Takes effect from passage.

CHAPTER VII.-An act to amend "an act to create a commission of arbitration and award and define the powers and duties thereof, and to make appropriation to pay the salaries of the judges thereof," approved July 9, A. D. 1879.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section 1 of an 66 an act to create a commission of arbitration and award, and define the powers and duties thereof, and to make appropriation to pay the salaries of the judges thereof," approved July 9, 1879, shall hereafter read as follows:

"SECTION 1. A commission of arbitration and award, to consist of three persons learned in the law, to be appointed by the governor and by and with the advice and consent of the Senate, if in session, or without such advice and consent if not in session, who shall hold their offices for two years from October 1, A. D. 1881, and receive for their services the same salaries as judges of the supreme court of the State of Texas, be and the same is hereby created, to be styled the Commission of Appeals of the State of Texas.' In case of a vacancy on said commission by the death or resignation of any member thereof during the vacation of the Legisla ture, it shall be the duty of the governor to fill the same by appointment, and the person so appointed shall continue in office until the next session of the Legislature after the appointment.'

SEC. 2. Be it further enacted by the Legislature of the State of Texas, That in addition to the powers and duties now conferred by said act, the supreme court and court of appeals of this state are hereby authorized and empowered to refer to the commissioners of appeals of the State of Texas, any civil case or cases, now or hereafter pending before said courts, for examination and report thereon; and it shall be the duty of said supreme court and court of appeals, in order to relieve the dockets of said courts of the great number of cases now encumbering them, from time to time to refer to said commissioners of appeals so many of said cases now or hereafter pending in said courts, as may be reasonably considered and acted upon by the same, at the several sessions thereof; having respect in such reference, to the length of time such cases have been pending, as well as to promote an early disposition of the cases on the docket. SEC. 3. When said commissioners of appeals have considered and determined upon the proper disposition of any case referred to the same, according to section 2 of this act, their opinion shall be submitted, together with a brief synopsis of the case, to the court from which the case was referred, and the record shall be returned therewith. The reports so made may be used by the respective courts to facilitate them in reaching a conclusion upon the law and facts of the case.

SEC. 4. The opinions of said commissioners of appeals in cases referred to it by the supreme court, when adopted by said court, shall be published as the opinions thereof as in other cases.

SEC. 5. That in cases referred to the "commissioners of appeals" under this act, the papers thereof shall not be refiled in said commission, and only such additional costs as may be essential to carry into effect the provisions hereof, shall be incurred by the parties to such cases by reason of the reference thereof.

SEC. 6. That section 1 of this act which provides for a continuance of the commission of appeals for two years from October 1, A. D. 1881, shall not take effect until October 1, 1881, and it shall become inoperative at said time, in case an amendment of the judiciary article of the consti

tution of the State shall before then be submitted by the Legislature to the electors of the State, and adopted by the people providing for an increase of the judges of the supreme court.

SEC. 7. The accumulation of business in the supreme court and court of appeals is so great as to prevent that speedy determination to litigation which is essential to justice, an imperative public emergency exists for the immediate passage of this act, and that the rule requiring bills to be read on three several days be suspended, and as a public necessity requires that this act should take effect and be in force from and after its passage, therefore it is so enacted.

Approved February 9, A. D. 1881.
Takes effect from passage.

CHAPTER VIII.-An act to amend article 1289, chapter 11, title 29, of the Revised Civil Statutes of the State of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 1289, chapter 11, title 29, of the Revised Civil Statutes of the State of Texas be so amended as to hereafter read as follows:

"Article 1289. The court shall, at the first term after the passage of this act, by an order entered on the minutes, designate a day of the term for taking up for trial the causes on the jury civil docket at all subsequent terms, until changed by a like order; but, in case of change, it shall not take effect until the succeeding term of said court. In all cases

in which juries have been demanded by either party, all questions of law, demurrers, exceptions to pleadings, shall, as far as practicable, be heard and determined by the court before the day designated for the trial by said jury causes, and all jurors shall be summoned to appear on the day of the term so designated."

Approved February 10, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER IX.-An act authorizing the county commissioners' court of the several counties of this State to issue bonds for the erection of a court house, and tɔ levy a tax to pay for the same.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the county commissioners' court of any county which has no court house at the county seat is hereby authorized and empowered to issue the bonds of said county, with interest coupons attached, in such amount as may be necessary to erect a suitable building for a court house; said bonds running not exceeding fifteen years, and redeemable at the pleasure of the county, and bearing interest at a rate not exceeding eight per cent per annum.

SEC. 2. The commissioners' court of the county shall levy an annual ad valorem tax on the property in said county sufficient to pay the interest, and create a sinking fund for the redemption of said bonds, not to exceed one-fourth of one per cent for any one year.

SEC. 3. The county shall not issue a larger number of bonds than a tax of one-fourth of one per cent annually will liquidate in ten years, and such bonds shall be sold only at their face or par value.