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necessity that the constitutional rule requiring bills to be read on three several days be suspended, and that this bill go into effect from and after its passage, and it is so enacted.
Approved March 18, A. D. 1881.
CHAPTER XXXI.-An act to regulate the sale of spirituous, vinous,
or malt liquors or medicated bitters; to fix the rate of occupation tax upon all persons, firms or associations of persons 'engaged in the sale of spirituous, vinous o: malt liquors or medicated bitters; to define the manner and time of collecting such tax, and to affix penalties for failure to pay the same; and to repeal all laws and parts of laws in conflict with the provisions of this act.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That hereafter there shall be levied upon and collected from any person, firm or association of persons engaged or engaging in the business of selling spirituous, vinous or malt liquors or medicated bitters, an annual tax upon every such occupation, or separate establishment, as follows: For selling spirituous, vinous or malt liquors in quantities less than a quart, three hundred dollars; for selling such liquors or medicated bitters in quantities of one quart and less than five gallons, two hundred dollars; for selling such liquors, in quantities of five gallons or more, three hundred dollars; for selling malt liquors exclusively, an annual tax of fifty dollars; provided, that nothing in this section shall be so construed as to prevent wholesale liquor dealers, or merchants who pay occupation tax as such, from selling unbroken packages containing less than five gallons, without being required to pay an additional tax as quart dealers.
SEC. 2. That the commissioners' courts of the several counties in this State shall have power to levy and collect taxes upon each of the occupations herein named equal to one-half of the State tax herein levied upon said business; and, where any such occupation or calling is carried on in an incorporated town or city, such town or city shall have power to levy and collect an additional tax upon such occupation or calling equal to that levied by such commissioners' courts.
SEC. 3. That every person, firm or association of persons, desirous of engaging in the business of selling spirituous, vinous or malt liquors or medicated bitters, shall, before engaging in such business, pay to the colJector of taxes of the county wherein such business shall be pursued, the entire annu il tax herein levied for State purposes, according to the particular class of business in which such person, firm or association of persons may wish to engage, and the entire annual tax upon such business as shall or may be levied by the commissioners' court of said county, and, in case the selling of said spirituous, vinous or malt liquors or medicated bitters shall be carried on in an incorporated town or city, the person, firm or association of persons so selling shall, in addition to the State and county tax herein required to be paid in advance, pay to the collector of taxes in and for such town or city, such tax as may be levied upon such business by such town or city, and all taxes herein required shall be paid in advance for periods of not less than twelve months; provided, that any person, firm or association of persons, who may now be engaged in any of the occupations herein named, under and by virtue
of the authority of an act passed by the Sixteenth Legislature, commonly known as "the bell punch law,” approved April 3, 1879, shall not be deprived of any right, privilege or immunity to which he or they may be entitled under said law; but such person, firm or association of persons may continue their said several occupations for the full period or periods of time for which such person, firm or association of persons shall have paid occupation tax under the provisions of said act of April 3, 1879, or may, at their option, take out license under the provisions of this act, and when so doing shall have credit for any balance due on payment made under act of April 3, 1879.
SEC. 4. That any person, firm, or association of persons desiring to engage in the sale of spirituous, vinous or malt liquors, in quantities less than a quart shall, before engaging in such occupation, be required to enter into bond, with at least two good and lawful sureties, payable to the county judge and his successors in office, and to be approved by him, in the sum of one thousand dollars, conditioned that said person, firm or association of persons so selling spirituous, vinous or malt liquors in quantities less than a quart shall keep an orderly house or place for the sale of such liquors, and that he or they will not sell nor knowingly permit to be sold in his or their said place of business, nor give nor permit to be given any spirituous, vinous or malt liquors to any minor under the age of twenty-one years, or to students of any institution of learning, or to any habitual drunkard, or to any person, after being notified in writing by the wife or daughter of the person not to sell to such person, and that he or they will not knowingly permit any games prohibited by the laws of this State, to be played, deal or exhibited in or about such place of business, and that he or they will not knowingly permit any minor, under the age of twenty-one years, to enter upon or remain in such establishment; which said bond may be sued on at the instance of any party aggrieved by the violation of the provisions of said obligation, and said bond shall not be void on first recovery, but may be sued on until the full penal sum named therein shall have been recovered. The provisions of this section shall not be so construed as to repeal or in any manner „ffect any penal laws now in force concerning the unlawful sales of spirituous, vinous or malt liquors. In addition to civil proceedings for individuai injuries brought on said bond, if any person or firm shall violate any of the conditions of the bond herein required, it shall be the duty of the county treasurer and the county attorney and the district attorney, or either of thern, to institute suit thereupon in the name of the county judge of the county, for the use and benefit of the county, and the amount of five hundred dollars as a penalty shall be recovered from the principals and sureties upon proof of a breach of any of the conditions thereof. And, whenever the first or subsequent bond required is exhausted by suits at the instance of individuals or for the use of the county, a new similar bond shall be given and approved before the dealer shall have the right to further pursue his occupation as a retail liquor dealer, or in case a suit is pending on any such bond, and the county or district attorney shall make and file an affidavit with the clerk of the county court that he believes the bond of the defendant will be exhausted by said suit, the said clerk shall notify the liquor dealer thereof, and it shall be the duty of the retail liquor dealer, within twenty days from the time the said bond is exhausted, or in the other event, within twenty days from the time the said notice is given, to give a new bond similar to the bond first given, to be approved in the same way; and until such new bond is given and approved, where it is required by this act, the retail liquor dealer shall not have the right to further pursue his occupation; and any person who shall pursue his said occupation, without giving a new bond as required by this act, shall be guilty of a misdemeanor, and on conviction shall be fined the same amount provided for in cases where no license has been obtained.
SEC. 5. That the county clerks in the several counties in this State shall issue license to any person, firm or association of persons engaged or desiring to engage in the sale of spirituous, vinous or malt liquors, or medicated bitters, upon payment by such person, firm or association of persons, of all occupation taxes herein levied for State purposes, and such additional occupation taxes as shall be levied by commissioners' courts, and by incorporated towns or cities, and also filing the bond required in section 4 of this act; the evidence of such payment of all tax upon such occupation shall be the receipt of the county collector of taxes for such amount of tax as shall have been or may be assessed and collected for State and county purposes upon such occupation, and the receipt of the city collector of taxes for amount of such tax paid any city or town wherein such business or occupation may be carried on. For issuing the license herein provided for county clerks shall be entitled to charge and receive a fee of twenty-five cents for each license so issued.
SEC. 6. That any collector of taxes who shall knowingly permit any person, firm or association of persons to engage in or pursue any of the occupations bereinbefore named, without first paying all legal taxes assessed against such person, firm or association of persons for such occupation for State and county purposes, and also filing the bond and
procuring the license herein required, shall be fined in any sum not less than twenty-five nor more than two hundred dollars for every such offense; provided, that evidence that such collector of taxes has reported such person, firm or association of persons so pursuing an occupation in violation of law, immediately to the county or district attorney of his county, shall be a defense against all prosecutions against collectors under this section.
That the comptroller of public accounts is hereby required to prescribe and furnish to the county clerk the necessary blank forms for bonds herein provided for and the blank forms for license to be issued by such clerks herein required, and also to prescribe and furnish to collectors of taxes the necessary blank forms for receipts to be issued by such collectors to any person, firm or association of persons paying occupation tax under the provisions of this act. SEC 8.
That the license required by this act shall be posted in some conspicuous place in the house where the business or occupation for which such license is necessary is carried on, and for a failure to so conspicuously post such license at or in such place of business, any person or any member of any firm or association of persons so failing shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed twenty-five dollars.
Sec. 9. That whereas great confusion, difficulty and loss may occur from any delay in the final passage of this act, thereby creating an emergency and imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days; therefore said rule is hereby suspended; and this act shall take effect and be in force from and after its passage.
Sec. 10. That all laws and parts of laws in conflict with the provisions of this act, be and the same are hereby repealed, except as otherwise herein provided in section 3 of this act.
Approved March 11, A. D. 1881.
CHAPTER XXXII.-An act to amend articles 3824 and 3825, title 79,
of the Revised Civil Statutes of the State of Texas, and to add thereto articles 3825a and 3825b, and to create Clay, Baylor, Wheeler and Oldham county land districts. SECTION 1. Be it enacted by the Legislature of the State of Texas, That title 79, chapter 3, articles 3824 and 3825 of the Revised Civil Statutes of the State of Texas be amended, and that articles 3825a and 38356 be added thereto, so that the same shall read as follows;
Article 3824. The counties of Clay, Wichita, Wilbarger, Greer, Hardeman, Childress and Donley, are hereby made and constituted the Clay land district, and the county surveyor of Clay county shall be the surveyor for said district, and sball keep his office at the county seat of Clay county; and the records of all files and surveys of land for said district shall be kept in said office.
“Article 3825. The counties of Baylor, Knox, Bailey, Lamb, Parmer, Castro, Swisher, Hale, Cottle, Motley, Floyd, Briscoe and Hall are hereby made and constituted the Baylor land district, and the county surveyor of Baylor county shall be the surveyor for said district, and shall keep his office at the town of Seymour, in the county of Baylor, and the records of all files and surveys for land for said district shall be kept in said office.
"Article 3825a. The counties of Wheeler, Hemphill, Lipscomb, Collingsworth, Gray, Roberts, Ochiltree, Armstrong, Carson, Hutchinson and Hansford are hereby made and constituted the Wheeler land district, and the county surveyor of Wheeler county shall be the surveyor for said district, and shall keep his office at the county seat of the county of Wheeler, and the records of all files and surveys for land for said district shall be kept in said office.
“Article 38256. The counties of Oldham, Deaf Smith, Randall, Potter, Moore, Sherman, Dallam and Hartley are hereby made and constituted the Oldham land district, and the county surveyor of Oldham county shall be the ,surveyor of said district, and shall keep his office at the county seat of Oldham county, and the records of all files and surveys for said district shall be kept in said office.”
Approved March 11, A, D, 1881.
CHAPTER XXXIII.-An act to amend sections one and six of
"an act to provide for the sale of a portion of the unappropriated public lands of the State of Texas, and the investment of the proceeds of such sale,” passed at the special session vf the Sixteenth Legislature.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That sections one and six of the above recited act shall hereafter read as. follows:
“ Section 1. That all vacant and unappropriated land, situated in the following named counties, viz: Noland, Mitchell, Howard, Martin, Andrews, Gaines, Dawson, Borden, Scurry, Fisher, Stonewall, Kent, Garza, Lynn, Terry, Yoakum, Cochran, Hockley, Lubbock, Crosby, Dickens, King, Coitle, Motley, Floyd, Hale, Lamb, Bailey, Parmer, Castro, Swisher, Briscoe, Hall, Childress, Collingsworth, Donley, Armstrong, Randall, Deaf Smith, Oldham, Potter, Carson, Gray, Wheeler, Hemphill, Roberts, Hutchinson, Moore, Hartley, Sherman, Hansford, Ochiltree and Lipscomb be and the same is hereby appropriated and set apart for sale, together with all the unappropriated lands situated and being within and included in the Pacific Reservation, and together with such separate tracts of unappropriated public lands situated in organized counties of this State, as contain pot more than six hundred and forty acres; provided, that the three million and fifty thousand acres, heretofore appropriated for the building of a state capitol, shall have a preference right of location in the counties heretofore reserved for that purpose. The provisions of this act shall not be so construed as to prohibit the right of pre-empting within the bounds of the reservation here made, but any party shall have the same right of acquiring a bomestead within this reservation under the pre-emption laws of this State, as he may have had prior to the passage of this act.
“SEC. 6. These lands shall be sold in tracts of six hundred and forty acres each, unless precluded by previous surveys, in which event the purchaser must include all the vacancy, and no tract shall have a greater frontage on any navigable stream or permanent water than one half the square of such survey, excepting where surrounded by older surveys."
SEC. 2. Whereas, the fact that Carson county baving been left out of the original law subjecting the vacant lands in said county to location, creates an emergency that this act take effect from and after its passage, and it is so enated.
Approved March 11, 1881.
CHAPTER XXXIV.-An act to release certain inhabitants in the town
of Savoy, county of Fannin, from the payment of taxes assessed and now due for the year A. D. 1880, in consequence of a great public calamity.
WHEREAS, on the 28th day of May, 1880, there occurred in the village of Savoy, situated in Fannin county, State of Texas, a great public calamity, same being a most terrible and destructive cyclone, such as bas never occurred before within the memory of the oldest inhabitant. Within the compass of a few moments the houses of all those mentioned in this act were crushed to the earth; several were killed immediately, and a great many seriously wounded, a nuu.ber of the latter maimed for life. Stock and poultry were destroyed, and, in fact, the little town was left but a crushed ruin; therefore,
Section 1. Be it enacted by the Legislature of the State of Texas (two-thirds of the members of each House by a vote concurring therein), That the following named inhabitants of said portion of said county, to wit: of the town of Savoy, the same being great sufferers from the cyclone, be and they are hereby released from the payment of the sev