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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seventeen (17), of “an act to adopt and establish the Revised Civil Statutes of the State of Texas," he and is hereby repealed.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.
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.
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 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 Legislature, 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.”
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
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
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 constitution 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.
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.
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 to 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.
Sec. 4. The interest on said bonds shall be paid annually on the tenth day of April, and they shall be registered, and an account kept by the county treasurer of the amount of principal and interest paid on each.
Sec. 5. Said bonds shall be signed by the county judge, and countersigned by the county clerk, and registered by the county treasurer before they are delivered.
Sec. 6, The security and the protection and safe-keeping of the public records and archives of Robertson county makes an imperative public necessity that the rule requiring the bill to be read on three several days be suspended, and it is so enacted, and this act shall take effect from and after the day of its passage.
Approved February 11, A. D. 1881.
CHAPTER X.-An act to amend article 3812, title 79, of the Revised
Civil Statutes of the State of Texas, passed by the Sixteenth Legislature, February 21, 1879.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 3812, title 79, of the Revised Civil Statutes of the State of Texas, passed by the Sixteenth Legislature, February 21, 1879, be amended 80 as hereafter to read as follows:
" Article 3812. When a survey has become forfeited and void from any cause, so soon as such forfeiture is discovered the commissioner shall notify the party interested in such survey or location, in writing by mail, directed to such party at his postoffice address, if known, and if not known, directed to him at the county seat of the county in which the land is situated, of such forfeiture; and no new file or location shall be made on the land covered by such forfeited survey or location, except by the owner of such forfeited survey or location, for a period of ninety days after the mailing of such notice, and the commissioner shall keep a record of the date said notice was mailed and the name of the party to whom the notice was mailed and the name of the postoffice to which said notice was addressed; and the record of such entries shall be prima facie evidence of the facts therein stated, and the absence of such entries shall be prima facie evidence that the notice required above had not been given.
Approved February 11, A. D. 1881.
CHAPTER XI.--An act to make an appropriation for the pay of
assistant clerks in the comptroller's office for the month of February, 1881.
SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of two thousand dollars or so much thereof as may be necessary, be and it is hereby appropriated for the payment of salaries of assistant clerks in the comptroller's office for the month of February, 1881, out of any money not otherwise appropriated.
Whereas, the appropriation for the pay of assistant clerks in the comptroller's office is exhausted, and unless immediate provision be made for their pay the public service will seriously suffer, the constitutional rule requiring bills to be read on three several days is hereby suspended, and this act shall take effect from and after its passage.
Approved February 11, A. D. 1881.
CHAPTER XII.-An act defining who are officers of this state, and
prescribing their rights, powers, duties and privileges. Section 1. Be it enacted by ihe Legislature of the State of Texas, That the comptroller of public accounts, toe state treasurer, county commissioners' courts, county treasurers, and any and all other officers of this State, or of any municipal division thereof, whether herein enumerated or not, who are authorized or required by law to audit, or pay, or order to be paid, claims due from the State, or any county or municipal division thereof, to any person or persons, as a salary, or as fees, compen. sation, perquisites or emoluments for official services rendered by such person, as an officer thereof, shall, upon the demand of any citizen of this State, before auditing, paying, or ordering to be paid, any such claim as aforesaid, require such person presenting such claim, to produce the certificate of his election or appointment to such office, directed by the laws of this State to be issued to such officer; or, if his claim be founded upon the judgment or decree of a court of this State, authorized by the laws of this State to hear and determine the claims of persons to office, then a copy of the record of such judgment or decree certified under the hand and seal of t'ie legal custodian of such record to be a true copy thereof.
SEC, 2. It shall not be lawful for any officer or court of this State, or of any municipal division thereof, to allow, audit, pay, or order to be paid, the claim of any person for salary, compensation, fees, perquisites, emolaments or services, as an officer of the State, or of any municipal division thereof, except to such person as has been duly elected such officer by the qualified voters of this State, and whose election has been ascertained and certified or declared in the manner required by the laws of this State, or who has been appointed such officer by the lawful appointing power under the constitution and laws of this State, or who has been adjudged entitled thereto by a State court of competent jurisdiction of this State, and has qualified as such officer in accordance with the requirements of the laws of this State.
Sec. 3. No person shall be held, by the laws of this State, entitled to pay for services as an officer thereof, or of any county or municipal division thereof, or to exercise any of the powers of jurisdiction of an officer thereof, unless he shall have been elected, appointed or adjudged entitled thereto, as specified in the second section of this act; and the official acts of any person claiming a right to exercise such power or jurisdiction, contrary to the provisions of this act, are and shall be held to be null and void.
Sec. 4. No court of this state shall have power, authority or jurisdiction to issue the writ of mandamus, or injunction, or any other mandatory or compulsory writ or process against any of the officers of the execu