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at what time he entered such service, and at what time he was discharged therefrom; 3d, of what company and regiment he was a member at the time such service was rendered, and who were the commanders of such companies or regiments; 41h, that he is the identical person who rendered such service; and if such application is made by any such surviving widow, as mentioned in the first section of this act, she shall prove: 1st, that she is the surviving widow of such soldier or signer; 2d, that such soldier and signer rendered such service in full compliance with the foregoing provisions of this act; 3d, the date of the death of such soldier or signer, and that they were living together as husband and wife at the date of such death; 4th, that she remains, and has always been, unmar ried since the death of such soldier or signer: which said proof the said county judge shall cause to be reduced to writing, and signed and sworn to by such witnesses, and attested by the clerk of said court under his seal of office; and the said county judge shall attach thereto his own certificate, stating his opinion and belief as to the validity of such claim.
SEC. 4. That when each application and proof and certificate of the county judge shall be filed in the office of the commissioner of the general land office, it shall be his duty to carefully examine the same, together with such other testimony as may be offered, in connection with the pension rolls and other archives of his office; and in every case such commissioner, before issuing any land certificate under the provisions of this act, shall be fully satisfied that the claim is valid, that the proof is sufficient, and that there is no evidence of fraud committed, or attempted to be committed, upon the State; and in every case where such commissioner has grounds to believe, or shall be advised that such claim is fraudulent, it shall be his duty to suspend the issuance of such land certificate, and to certify said cause to the county attorney of the county where such applicant resides, and if there be no county attorney, then to the district attorney of the district in which said applicant resides, whose duty it shall be to examine rigidly into such case, and ferret out such fraud.
SEC. 5. Before any benefit shall inure to any person under the provisions of this act, certificate shall be produced by a board of three surviving veterans of the revolution or 1836, who shall be appointed by the governor, and one of whom shall be the president of the Veterans Association, stating that they know of their own knowledge, or are satisfied from the evidence, that the applicant is entitled under the provisions of this act to its benefits.
Sec. 6. Be it further enacted, That the 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,” and all other laws in conflict with the provisions of this act, be and the same are hereby repealed.
SEC. 7. The near approach of the close of the session, and the fact that many veterans are now suffering for want of some aid from the State, creates an imperative public necessity that the constitutional rule requiring this bill to be read on three several days be suspended, and it is so enacted.
Approved March 15, A. D. 1881.
CHAPTER XLVI.-An act authorizing and requiring owners of lands
between the Nueces and Rio Grande rivers, under grants or titles thereto from the former governments, which were recorded in the respective counties before the adoption of the present constitution, to deposit and archive the same in the general land office. SECTION 1. Be it enacted by the Legislature of the State of Texas, That all owners of lands between the Nueces and Rio Grande rivers, under grants or titles from the former government, which grants or titles are such as are described in section four of article thirteen of the
present constitution, and have been, previous to the adoption of this constitution, recorded in the respective counties where the land is situated, but have not yet been deposited or archived in the general land office of this state, be and they are hereby authorized and required to deposit and archive said grants or titles in said general land office; and provided further, that such titles when so archived shall be subject to all defenses and objections that they otherwise would have been if not so archived, and said act of archiving invest said titles with no greater validity than they before had as titles recorded in the proper county, and the commissioner of the general land office is hereby authorized and required to receive the same as archives of said office.
Sec. 2. The near approach of the close of the present session of the Legislature and the fact that no provision exists for the relief herein' provided to the owners of the said titles, creates an imperative public necessity for the suspension of the constitutional rule, which requires that all bills be read on three several days, said rule is therefore suspended, and an emergency exists that this act should take effect from and after its passage, and it is so enacted.
Approved March 16, A. D. 1881.
CHAPTER XLVII.-An act to amend article 1054, title 15, chapter 2,
of the Code of Criminal Procedure of the State of Texas.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 1054 be so amended as to hereafter read as follows, to-wit:
“Article 1054. To the sheriff or constable shall be allowed the follow. ing fees in all cases of felony where the defendant has been convicted or acquitted, or where the prosecuting attorney has entered a nolle prosequi, or where the defendant bas died before trial:
“1. For executing each warrant of arrest or capias, or making arrests without warrant, the sum of one dollar.
"2. For summoning or attaching each witness, fifty cents.
“5. For removing a prisoner for each mile going and coming, including guards and all other expenses, when traveling by railroad, fifteen cents; when traveling otherwise than by railroads, twenty-five cents. For each mile he may be compelled to travel in executing criminal process, summoning or attacbing witnesses, five cents. For traveling in the service of process, not otherwise provided for, the sum of five cents for each mile going and returning. If two or more persons are mentioned
in the writ, he shall charge for the distance actually and necessarily traveled in the service of the same.
“6. For conveying a witness attached by him to any court out of his county, bis actual necessary expenses by the nearest practicable public conveyance, the amount to be stated by him under oath, and approved by the judge of the court from which the attachment issued, such account to become due when so approved, and the sheriff's or constable's return shall in every instance show the time and place of service.
“7. For attending a prisoner on habeas corpus, where such prisoner is charged with felony, for each day two dollars, together with mileage as above when removing such prisoner out of the county under proper authority."
Approved March 17, A. D. 1881.
CHAPTER XLVIII.—An act to detach fifty-three hundred and thirty
four acres from Hill county, and attach the same to Johnson county, and define the lines between said counties.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That so much of the territory of Hill county as is contained in the territory hereinbelow set out be and the same is hereby detached from Hill county and attached to Johnson county, Texas: Beginning at the southeast corner of the William Kinney 320 acre survey, lying north and ad. joining Kendall's Bend on the Brazos river; thence with said William Kinney's east boundary line, north 30 degrees west, to Hill and Johnson county line; thence in a westerly direction with said county line to the Brazos river to the northwest corner of Hill county; thence down the Brazos river with its meanders with the Hill county line to the lower corner of the said William Kinney's survey; thence north 60 degrees east with the said William Kinney's survey to the place of beginning. The above described territory contains fifty-three hundred and thirty-four acres, and embraces the following surveys: Mark M. Ridley, 500; A. J. Gilbert, 400; Thos. Larrison, 640; H. P. Moses, 230; C. B. Roberts, 640; J. Crouch, 320; L. N. West, 320; Thos. Russell, 1474; M. A. Johnson, 180; B. S. Jenkins, 320; William Kinney, 320—5334.
Approved March 17, A. D. 1881.
CHAPTER XLIX.-An act to provide for the organization of the State
Penitentiaries and for the more efficient management of the same.
THE PENITENTIARY BOARD AND ITS DUTIES. SECTION 1. Be it enacted by the Legislature of the State of Texas, That the governor, state treasurer and the superintendent of the State penitentaries, are hereby created and constituted a board, to be styled To The Penitentiary Board.” Two members thereof shall constitute a quorum for the transaction of business, and have power to carry any proposition, or make any act binding.
SEC. 2. That the said board shall have the general management and control of the State penitentiaries and other State penal institutions, established or to be established, and of all State convicts, whether within or without the walls of said institutions. It shall approve and make all contracts for the building of any new penal institutions, and for any additions, repairs and improvements necessary to be made in connection with the penitentiary or convict system of this State, on the terms prescribed by Law, if any, or, in the absence thereof, on such terms as it may consider for the best interests of the State. It shall have power to purchase, or cause to be purchased, any lands, buildings, machinery, apparatus, tools, etc., necessary for the use, preservation and operation of the penitentiaries or other penal institutions, to the end that the largest number of State convicts that can be profitably employed and comfortably accommodated therein, may be confined and worked within the walls as soon as practicable; provided, that no contract for improvements or purchase be made, unless an appropriation shall have been made therefor, except as hereinafter provided.
SEC. 3. Said board shall have power to appoint an architect to make examinations and estimates, and draw plans and specifications of buildings or other improvements to be made, and to perform such other duties
may be prescribed by said board, and he shall be entitled therefor to five dollars per day for the time employed, and his actual traveling expenses, to be approved by the board, the same to be paid out of such funds as may be appropriated, or if no appropriation has been made, then if the services have been performed in connection with the penitentiaries, then out of any penitentiary fund available for the purpose.
SEC. 4. It shall be the duty of said board to make contracts for the transportation of convicts from the counties where sentenced, or confined after sentence, to the penitentiaries or other penal institutions, under such regulations as may now or hereafter be prescribed by law, unless by the terms of any lease the lessees contract to receive them at the county jails.
Sec. 5. The board shall have power to condemn useless, injured or worn-out property of any description in or about the penitentiaries belonging to the State, and cause the same to be destroyed or sold, and if in any lease said property has been inventoried to any lessees, they shall receive credit for the same; provided, it was useless, injured or worn out when received.
Sec. 6. The governor may, with the concurrence of said board, at any time within two years next before the expiration of any lease of the penitentiaries, or either of them, make another lease, subject to the provisions hereinafter contained, under which contract of lease the property and convicts leased shall be delivered at the expiration of the existing lease, whether it expires by limitation, forfeiture or by agreement between the penitentiary board and the lessees. The governor and the board shall have
power to rescind by, agreement a contract of lease, when the interests of the State will be benefited thereby.
SEC. 7. The board may at any time issue such orders, and prescribe such rules and regulations for the government of the penitentiaries, not inconsistent with law, as they may deem proper, in order to supply any defect in the general law, in regard to prison management and discipline, and to provide for such details as are not embraced therein, and for such contingencies as may at any time arise concerning the management of the penitentiaries and their proper and successful operation, and such
rules and regulations shall be made with the view to carry out the general principles on which the penal laws are founded, and the design for which the penitentiary system is established, and shall be binding upon all officers of penitentiaries, under-officers, lessées, employes, and all persons whatsoever in any way connected with the penitentiaries or their management, or with the convicts either within or without the walls. thereof.
SEC. 8. The board shall have all laws, rules, regulations and by-laws printed in pamphlet form, for the information and guidance of all connected with the management of the penitentiaries or convict labor, and such parts of said rules as refer to the duties of subordinate officers and convicts shall also be printed in suitable form and posted in conspicuous places about the prisons, for the information of all concerned.
THE SUPERINTENDENT AND HIS DUTIES. SEC. 9. In order that there may be a more efficient supervision of the penitentiaries, and a uniformity in the management of the same, and of the discipline and general treatment of the State convicts, whether confined within or without the walls, the governor shall appoint, by and with the advice and consent of the Senate, a superintendent of penitentiaries, who shall hold his office for the term of two years, and until the appointment and qualification of his successor. In case of a vacancy in said office, the same may be filled by executive appointment for the unex. pired term.
SEC. 10. The superintendent of penitentiaries shall reside and have his office at such place as may be designated by the penitentiary board. He shall have a general supervision and control over all penitentiaries established or to be established in the State, over the discipline, management, treatment and control of all convicts who may be imprisoned in said penitentiaries, or who may be operated outside the walls thereof, and over all officers, overseers and guards connected therewith. assign convicts to such penitentiary or camp as he may deem proper; provided, that in case of a lease of the penitentiaries, or any one of them, or of the convicte, or any number of them, such control shall not extend to the labor of the convicts, except as may be provided by law, or by the terms of contract; nor sball he nor any other officer do anything calculated in any manner to interfere with the rights of the lesseés under their contract.
SEC. 11. The superintendent, as the principal executive officer of the penitentiaries, shall have all powers necessary to a discharge of his duties, subject to the restrictions imposed on him by law. He may designate such number of under officers, keepers, guards, etc., to be appointed by the assistant superintendents and inspectors, with his approval, if not provided for in the rules, as he may deem necessary for the safe-keeping of the convicts, or for the maintenance of discipline, and he may discharge any under officer or employe for official misconduct, or whenever, in his judgment, the public interest shall so require.
SEC. 12. The superintendent shall at all times have access to the penitiaries and other places where convicts are employed, and shall, unless otherwise officially engaged, make a thorough inspection of each penitentiariy at least once per month, and of each convict
per year, and oftener if practicable. He shall carefully examine into any and all complaints, whether made by officers, under-officers, lessees, convicts, or citizens, and, unless any complaint is found to be groundless, he shall take