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CHAPTER XXXIX.-An act to amend article 1974, and to establish
articles 1802a and 1822a of the Revised Civil Siatutes of the State of Texas, concerning the estates of deceased persons.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 1974 of the Revised Civil Statutes of the State of Texas be amended, and that there be known in said statutes articles 1802a and 18220, concerning estates of deceased persons, to read as follows, to-wit:
“Article 1974. Executors and administrators may be removed by the county judge on his own motion, or on the complaint of any person interested in the estate, after being cited to answer such motion or complaint at a regular term of the court, in the following cases:
“1. When there shall appear sufficient grounds to believe that they have misapplied, embezzled or removed from the State the property, or any part thereof, committed to their charge, or that they are about to misapply, embezzle or remove from the State any of such property.
“2. When it is proved that they have been guilty of gross neglect, or mismanagement in the performance of their duties as such executors or administrators.
“3. When they fail to obey any order of the court consistent with this title, made in relation to the estate committed to their charge.
“4. When an executor or administrator becomes of unsound mind, or from any other cause is incapable of performing the duties of his trust.
“5. When they fail to make an annual exhibit fully showing the condition of the estate they represent, or fail to make to the court any exhibit they are required to make by law.
“6. When they fail to make a final settlement for three years after the grant of letters, unless the time be extended by the court, after satisfactory showing being made under oath."
“Article 1802a. When the probate docket is taken up, it shall be disposed of with dispatch, without an adjournment of the court for more than three days at any one time; and, in case of such adjournment, the reason therefor must appear upon the minutes.".
“ Article 1822a. Executors and administrators shall be required to make annual exhibits under oath, fully showing the condition of the estate; they shall be required to make final settlement of the estates they represent within three years from grant of letters, unless the time be extended by the court after satisfactory showing being made under oath; and upon failure in either case, shall be removed as provided in article 1974.
Approved March 15, A. D. 1881.
CHAPTER XL.-An act to amend article 1081, chapter 3, title 15, of
the Code of Criminal Procedure, adopted February 21, 1879.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 1081 of the Code of Criminal Procedure of this State shall hereafter read as as follows:
“ Article 1081. Each juror who serves in the trial of any criminal case in any court having criminal jurisdiction, or who bas been sworn as a juror for the term or week, shall receive two dollars for each day and for each fraction of a day he may serve or attend as such juror; provided, that this provision shall not extend to mayors' and recorders’ courts taking cogni. zances of offenses against municipal ordinances; provided further, that jurors in justices' courts who serve in the trial of criminal cases in such courts, shall receive fifty cents in each case they may sit as jurors; provided, that no juror in such courts shall receive more than one dollar for each day or fraction of a day he may serve as such juror.”
SEC. 2. Justices of the peace shall report to the county clerk, on the first Monday in each month, the names of the persons who have served as jurors in his court for the preceding month, and the number of days and fractions of days that they have served respectively, and the number of cases in which they have served respectively on each of said days or fractional days; and it shall be the duty of the county clerk to issue his warrant against the county treasurer in favor of each of the persons so serving as jurors. Every justice failing to make and file such report shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than twenty-five nor more than two hundred and fifty dollars.
SEC. 3. Whereas, the present law entails upon citizens of the State services burdensome, and in many instances unremunerated, and thereby creates an imperative public necessity and an emergency for the immediate passage of this act, it shall therefore take effect and be in force from and after its passage.
Approved March 15, A. D. 1881.
CHAPTER XLI.-An act to procure from the publishing house owning
the copyright, certain volumes of the early reports of the supreme court of the State, and to make an appropriation therefor. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the secretary of state be and he is hereby authorized to purchase from the publishing house owning the copyright, three hundred copies, for the use of the State, of each of the volumes of Decisions of the Supreme Court of 'Texas, now out of print, or needed by the State, at a price not to exceed four dollars per copy, and the sum of twelve thousand dollars is appropriated to carry out the provisions of this bill.
SEC. 2. T'hat the character of work, binding, style of type, weight and quality of paper, shall be as in volume 52 of the Texas Reports.
SEC. 3. Whereas, a number of the counties in this State have never been furnished with complete sets of Supreme Court Reports of Texas, and whereas, it is important that such counties should be furnished with full sets of said reports, therefore, an imperative necessity and emergency exists that this bill should be in force from and after its passage, and it it is hereby so enacted.
Approved March 15, A. D. 1881.
CHAPTER XLII.-An act to diminish the civil and criminal jurisdic
tion of the county courts of Grimes, Montgomery and Karnes counties, and to conform the jurisdiction of the district courts of said counties to such change. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the county courts of the counties of Grimes, Montgomery, and Karnes 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 of testimony 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; but said county court shall have no other jurisdiction, civil or criminal.
SEC. 2. That the district courts of said counties of Grimes, Montgomery and Karnes shall have and exercise jurisdiction in all matters and causes, civil and criminal, over which by the general laws of the State the county courts of said counties would have jurisdiccion, except as provided in section 1 of this act, and that in all cases other than probate matters, and such as are provided in section 1 of this act, be and the same are hereby transferred to the district courts of said counties; and all writs and process, civil and criminal, heretofore issued by or out of said county courts, other than those pertaining to matters over which by section one (1) of this act jurisdiction is given to the county courts of said counties, be and the same are made returnable to the next term of the district courts in and for said counties.
That the clerk of the county courts of Grimes, Montgomery and Karnes counties, be and he is hereby required within twenty days after the passage of this act to make a fair and complete transcript of all the entries on the docket of said connty courts, civil and criminal, theretofore made in causes which by section (2) two of this act are transferred to the district courts of said counties, and file the same, together with the original papers of all said causes and proceedings, with the clerks of the district courts of said counties; and all such cases shall immediately be docketed by the clerks of the district courts of said counties, and shall stand on the dockets of said district courts as appearance cases for the next term of said courts; and for each of said transcripts the county clerks shall receive twenty per cents per hundred words, and fifty cents for a certificate thereto, to be taxed as costs against the party cast in the suit, if a civil suit, and if a criminal cause, against the defendant, if convicted.
Sec. 4. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.
Sec. 5. The near approach of the close of the session of the Legislature, and the burdens now imposed upon the citizens of Grimes, Montgomery and Karnés counties, on account of the cost and number of the county courts now held in said counties creates an imperative public necessity, and an emergency exists demanding 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, and it is so enacted.
Approved March 15, A. D. 1881.
CHAPTER XLIII.-An act to prescribe the times of holding the
district courts in the counties of the thirteenth judicial district.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That the district court in the counties composing the thirteenth judicial district shall be holden as follows: In the county of Freestone on the first Mondays in February and September, and may continue in session four weeks; in the county of Navarro on the first Mondays in July and December, and may continue in session eight weeks; in the county of Limestone on the fourth Mondays after the first Mondays in February and September, and may continue in session eight weeks,
Sec. 2. That all writs and process issued and made returnable to the terms of said courts under the law in force at the issuance thereof, shall be returned to the terms of said courts as herein prescribed, and shall be as valid as if no change had been made in the return day thereof.
SEC. 3. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.
SEC. 4. The frequent and unnecessary terms of courts now held in said counties creates an emergency that this act take effect and be in force from and after its passage, and it is so enacted.
Approved March 15, A. D. 1881.
CHAPTER XLIV.-An act to amend articles 111 and 112 of chap
ter 5 of an act entitled “An act to adopt and establish a Penal Code and a Code of Criminal Procedure for the State of Texas," passed at the regular session, A. D. 1879.
ECTION 1. Be it enacted by the Legislature of the State of 1exas, That articles 111 and 112, in chapter 5 of the Penal Code of the State of Texas, shall hereafter read as follows:
“Article 111. Article 110, in chapter 5 of the Penal Code of the State of Texas, shall not be construed so as to effect [?] any civil remedy to enforce the collection of taxes.
“ Article 112. Any person prosecuted under article 110 of the Penal Code of the State of Texas shall have the right at any time before conviction to have such prosecution dismissed upon payment of the tax, and all costs of said prosecution, and procuring the license to pursue or fol. low the occupation for the pursuing which, without license, the prosecution was instituted, and no prosecution shall be commenced against any person after the procuring said license, notwithstanding they may have followed such occupation, calling or profession before procuring said license; provided, said license shall cover the time said person has actually followed said occupation, calling or profession. The county clerk shall be entitled to ten cents for issuing the license, to be paid by the person to whom it is issued.
Approved March 15, A, D. 1881.
CHAPTER XLV.-An act granting a land certificate of twelve hundred
and eighty (1280) acres to each of the surviving soldiers of the Texas revolution, and the surviving signers of the declaration of Texas independence, and to the surviving widows of such soldiers and signers, and to the widows of those who fell at the Dawson massacre; and to repeal an act, approved April 26, 1879, entitled "an act granting a land certificate of six hundred and forty acres to each of the indigent veterans who was engaged in the struggle for Texas independence prior to and at the battle of San Jacinto, enrolled under the act approved July 28, 1876." SECTION 1. Be it enacted by the Legislature of the State of Texas,
1 That the commissioner of the general land office be and is hereby authorized and required to issue, subject to the provisions hereinafter specified, to each of the surviving soldiers who served in the war between Texas and Mexico, in the army of the Republic of Texas, at any time between the commencement of the revolution in 1835, and the first day of January, 1837, who served for three months in such war, and received, or was entitled to receive, a bounty warrant therefor, and to each of the surviving signers of the declaration of the independence. of Texas, made at the town of Washington on the second day of March, 1836, and to each of the surviving widows of any such soldiers or signers who remains and has always been unmarried since the death of such soldier or signer, and to the widows of those who fell at the Dawson massacre, a land certificate, in his or her name, for twelve hundred and eighty (1280) acres, which may be located as headright certificates upon any of the public domain, and patented, as in other cases; and the said certificate, and the land located by virtue thereof, shall be exempt from forced sale so long as it shall remain the property of the grantee in said certificate; provided, that the commissioner shall charge no fees for the issuance of such land certificate and patent.
SEC. 2. Any person mentioned in the first section of this act, who has already received a land certificate of six hundred and forty acres, as an indigent veteran under the provisions of an act approved April 26, 1879, entitled “An act granting a land certificate of six hundred and forty acres to each of the indigent veterans who was engaged in the struggle for Texas independence, prior to and at the battle of San Jacinto, enrolled under the act approved 'July 28, 1876,” shall only be entitled to receive in addition thereto, a land certificate for six hundred and forty acres under the provisions of this act.
Sec. 3. Any person applying for a land certificate under the provisions of this act, shall make proof by their own affidavit and the testimony of at least two reliable witnesses, taken before the judge of the county court of the county in which such person resides, of all the facts Decessary to entitle such person to such land certificate under the first section of this act; and if such application is made by any such surviving soldier, he shall prove: lst, that such service was rendered; 2d,