eral sums named, the same being the amount of State and county taxes assessed against them, and now due for the year A. D. 1880, to wit: NAMES. NAMES. R. R. Halsell.. E. Harle.... J. W. Hunter .... T. J. Chenowith. W. F. Suddeth. ... T. J. Patillo... A. W. Jolly.. J. A. Jolly. M. W. King. J. A. Barnard.. Barnard & King. 2 47 M. T. Simmons. 6 25 J. W. Elder. And that the several sums of taxes against said persons respectively be and the same are hereby remitted. SEC. 2. That the comptroller of public accounts of this State, and the county treasurer and commissioners' court of Fannin county, be and they are hereby authorized and required to credit the tax collector of Fannin county with the several sums herein and hereby released, the said comptroller to credit him with the several amounts of State tax, and said treasurer and commissioners' court to credit him with the several amounts of county tax, in his settlement with them for taxes collected by him for the year 1880, by deducting the same from the aggregate of the tax lists now in his hands for collection for the said year; and said tax collector be and he is hereby relieved from collecting said several sums, or any part thereof, from the said several persons hereby relieved; and if the said tax, or any part of the same, shall have been collected by the said collector of taxes for Fannin county, then and in that case the said collector is hereby required to refund such amounts of the said tax to the person having paid the same. SEC. 3. An imperative necessity and emergency exists which requires the immediate passage and taking effect of this act, as the tax collector is required by law to collect said several sums of taxes, by seizure and levy from said persons if the same be not paid by the 1st day of March, 1881, and the several inhabitants may not in consequence thereof be benefited by this act as intended; therefore be it enacted, that this act take effect and be in force from and after its passage. Approved March 11, A. D. 1881. Takes effect from passage. CHAPTER XXXV.-An act to amend article 3971, chapter 11, of the Revised Civil Statutes, providing for the disposal of certain lands known as the Indian Reservations, and to repeal articles 3972, 3973, 3974, 3975 and 3976 of the Revised Statutes upon the same subject. SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 3971 of the Revised Civil Statutes of the State of Texas be so amended as to hereafter read as follows, viz. : "Article 3971. So much of the seventeen leagues of land known as the Indian Reservations, which were set apart and appropriated by the act of January 25, 1875, one-half to the school fund and the remaining half for settlement, and which have not been settled upon and appropriated under the provisions of said act, shall be and the same is hereby set apart and appropriated to the common free school fund of this State, and the same shall be subject to the general laws applicable to and regulating the management and disposal of the other school lands belonging to the permanent school fund." SEC. 2. That articles 3972, 3973, 3974, 3975 and 3976 of the Revised Statutes be and the same are hereby repealed, and that this act take effect and be in force from and after its passage. Approved March 11, A. D. 1881. Takes effect ninety days after adjournment. CHAPTER XXXVI.--An act to be entitled an act to amend title 11, chapter 1, article 241, of the Revised Civil Statutes of Texas, adopted February 21, 1879. SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 241 of the Revised Civil Statutes be so amended that hereafter it shall read as follows: "Article 241. The following judicial districts in this State shall each, respectively, elect a district attorney, viz.: The first, the second, the third, the fourth, the fifth, the seventh, the eighth, the ninth, the twelfth, the seventeenth, the eighteenth, the fifteeeth, the nineteenth, the twentieth, the twenty-third, the twenty-fourth, the twenty-fifth, the thirtieth, and the counties of Galveston and Harris; provided, that the governor shall appoint a district attorney for the thirtieth and nineteenth judicial districts until the next general election." SEC. 2. The fact that courts of the nineteenth judicial district are now in session for the trial of persons accused of felony, and that public policy demands that the State shall have additional aid in their prosecu tion, justifies the suspension of the rule requiring this bill to be read on three several days, and it is suspended, and creates an emergency which requires that this act take effect from and after its passage, and it is so enacted. Approved March 11, A. D. 1881. Takes effect from passage. CHAPTER XXXVII.—An act to repeal "An act to diminish the civil jurisdiction of the county court of Navarro county and to conform the jurisdiction of the district court of said county to such change," approved July 2, A. D. 1879, and to prescribe the jurisdiction of said county court. SECTION 1. Be it enacted by the Legislature of the State of Texas, That an act entitled "An act to diminish the civil jurisdiction of the county court of Navarro county, and to conform the jurisdiction of the district court of said county to such change," approved July 2, A. D. 1879, be and the same is hereby repealed. SEC. 2. That said county court be and the same is hereby re-invested with the jurisdiction, criminal and civil, which it had and exercised prior to the passage of said act diminishing the jurisdiction of said court. SEC. 3. That all causes now pending in the district court of said county of Navarro, over which the county court of that county would have jurisdiction under the constitution, shall be transferred to said county court, and all causes now pending in said district court, over which said district and county courts have concurrent jurisdiction, shall, upon the written motion of either party thereto, filed with the clerk of said district court, be transferred to said county court, and all causes so transferred shall be docketed in said county court and stand for trial as appearance causes in that court. SEC. 4. That the district clerk of said county of Navarro be and he is hereby required, within twenty days after the passage of this act, to make a full and complete transcript of all entries made upon the dockets of said district court in all causes which will be by section three of this act transferred from said court, and shall deliver the same and all the papers of each cause to the clerk of said county court. SEC. 5. The crowded condition of the dockets of said district court creates an emergency that this act take effect and be in force from and after its passage, and it is so enacted. Approved March 12, A. D. 1881. Takes effect from passage. CHAPTER XXXVIII.—An act to amend articles 423, 424, 425, 426, 427, 428, 429 and 430a, and to create article 4262, and to repeal article 430 of chapter 5, title 13, of the Penal Code of the Revised Statutes, for the protection of fish and game. SECTION 1. Be it enacted by the Legislature of the State of Texas, That articles 423, 424, 425, 426, 427, 428, 429 and 430a, of chapter 5, title 13, of the Penal Code be so amended, and article 4261 be enacted, to read hereafter as follows: "Article 423. No person shall throw, drag or haul any fish net, seine or other contrivance for the purpose of catching fish (except the ordinary pole, line and hook, or trot line) in any stream, lake or pool of water within the State, not his own, above tide water, between the first day of February and the first day of July of each year; and at no time of the year in such waters shall any one be permitted to drag or haul any fish net or seine with meshes less two and a half inches square; and any one violating the provisions of this article shall, upon conviction, be fined in a sum of not less than five nor more than fifty dollars. "Article 424. For the purpose of thoroughly protecting the fish now being propagated in our brooks, tanks, ponds, lakes, creeks, rivulets and rivers, not private and individual property, no person shall be permitted to set, place or use any fixed net, trap or other contrivances for trapping fish in said waters; and any one violating the provisions of this article shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any justice of the peace or other court of competent jurisdiction, he shall be fined in a sum of not less than fifteen dollars nor more than seventy-five dollars, together with all costs in the case accruing, which fine shall go to the common school fund; and each day that any fixed. net, trap or contrivance for trapping fish, as contempated by this article, shall remain set or placed shall constitute a separate offense under this article; provided, that nothing in this bill shall be construed as to prohibit the fish commissioner of this State from taking any and all fish at any time and by any means for breeding and scientific purposes, and for stocking other waters. "Article 425. If any person shall catch or take, or attempt to catch or take, any fish in the State by use of lime, china berries, or any other poisonous substances placed in the water, he shall be fined in a sum of not less than fifty nor more than one hundred and fifty dollars. "Article 426. It shall hereafter be unlawful for any person to kill, trap, ensnare, or in any way destroy, any wild deer in the period of time embraced between the first day of December in any year and the first day of June of the next year, and any violation of this provision shall be considered a misdemeanor, and, upon conviction before any justice of the peace or other court of competent jurisdiction, shall be fined in a sum of not less than twenty-five dollars nor more than fifty dollars, together with the costs of suit, which fine shall go to the common school fund; and, upon conviction of said offense, as well as those provided against in articles 424 and 425 of this chapter, the person so offending and convicted shall stand committed to jail until such fines and costs are paid; and any butcher, huckster, marketer, carrier or express agent, or any person found in possession of fresh killed venison one day before the above specified open season begins, or ten days after the open season is closed, shall be deemed equally guilty of the violation of the provisions of this article, and liable to the same proceedings therein provided. "Article 426. It shall be unlawful for any person to kill, or to trap for immediate use or for market, any wild turkey in the period of time of each year between the fifteenth day of May and the first day of September, and any one so offending shall be proceeded against as provided in article 426 of this act, and, upon conviction, fined in the sum of twenty-five dollars the same to be used in accordance with the provisions of that article. "Article 427. If any person shall in any manner catch or kill any pinnated grouse (prairie chickens) in this State in the months of March, April, May, June and July he shall be deemed guilty of a misdemeanor, and, upon conviction thereof before any justice of the peace or other court of competent jurisdiction, shall be fined in the sum of ten dollars, together with the cost of the suit, the fine to be disposed of in accordance with the provisions on that subject in article 426 of this act. "Article 428. If any person shall in any manner catch or kill any quail or partridges in this State in the months of March, April, May, June, July and August of any year, he shall be punished as prescribed in article 427 of this act; and the netting of partridges is hereby entirely prohibited under a like penalty for the infraction of this provision, and under the proceedings governing said article 427. "Article 429. If any person shall willfully kill, or in any manner injure, any mocking-bird, whippoorwill, night hawk, blue bird, red bird, finch, thrush, linnet, wren, martin, swallow, bobolink, cat bird, nonpareil, scissor-tail, sparrow, buzzard or carrion crow he shall be deemed guilty of a misdemeanor, and, upon conviction before a justice of the peace, or other court of competent jurisdiction, he shall be fined a sum of not less than five nor more than fifteen dollars. "Article 430. That the following counties are hereby exempted from the provisions of articles 426, 4261, 427, 428 and 429 of this chapter, to-wit: Jasper, Newton, Hardin, Liberty, McLennan, Nacogdoches, Waller, Hood, Bosque, Somervell, Williamson, Lampasas, Sabine, San Augustine, Shelby, Titus, Franklin, Delta, Red River, Hunt, Rockwal, Henderson, Raines, Wood, Coryell, Hamilton, Brown, Coleman, Runnels, Johnson, Cook, Morris, Rusk, Panola, Grayson, Denton, Leon, San Jacinto, Polk, Tyler, Wise, Montague, Clay, and the unorganized counties attached to the same for judicial purposes; Ellis, Robertson, Anderson, Tom Green, Hill, Lamar, Freestone, Cherokee, Bowie, Taylor, Callahan, Shackelford, Stephens, Eastland, Erath, Comanche, Palo Pinto, Limestone, Navarro, Madison, Walker, Trinity and Austin; provided, that the counties of Orange, Jasper and Newton shall be exempted from the provisions of article 426; provided further, that the counties of Lavaca and Delta are hereby exempted from the provisions of articles 426 and 429." SEC. 2. That the following counties are also hereby exempted from the provisions of articles 426, 4261, 427, 428 and 429 of this chapter, to-wit: Kaufman, Hopkins, Milam, Tarrant, Liberty, Jefferson, Chambers, Hardin, Archer, Baylor, Oldham, Wheeler, and the unorganized counties attached to them, and Angelina; provided, that these exemp tions from the operation of this law shall not apply to articles 423, 424 and 425; provided, that the counties of Fort Bend, Waller, Wharton, Grimes, Brazos, Angelina, Van Zandt, Polk, San Jacinto, Walker, Tyler, Trinity, Throckmorton, Parker, Jack and Young are hereby exempted from the provisions of this act; provided further, that the county of Houston is hereby exempted from the provisions of articles 424, 426, 4261, 427, 428 and 429 of this act. SEC. 3. Whereas, the game laws now in force are wholly inadequate to protect the game of this State from cruel and wanton destruction, 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 bill take effect and be in force from and after its passage. Approved March 15, A. D. 1881. |