페이지 이미지
PDF
ePub
[ocr errors]

the residence of the authenticating officer under the star; or seals having the words "

County, Texas," instead of the "County of

Texas," are bereby made as valid and binding as though the word “ Texas,” had been engraved on the margia of the seal.

SEC. 2. That this act take effect and be in force from and after its passage.

Approved March 18, A. D. 1881.
Takes effect ninety days after adjournment.

CHAPTER LI.—An act to authorize and empower the treasurer, with

the advice and consent of the governor and comptroller, to use surplus moneys that may be at any time in State treasury belonging to the general fund for the purchase and retirement of outstanding bonds of the State.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the treasurer be and is hereby authorized and empowered, with the advice and consent of the governor and comptroller, to use such surplus moneys belonging to the general fund as may at any time be in the treasury in excess of all current appropriations against the same, and the further sum of seventy-five thousand dollars for the purchase and retirement of any of the outstanding bonds of the State, upon such terms as may be deemed advantageous to the State.

SEC. 2. All outstanding bonds purchased under the provisions of this act shall be cancelled and burnt by the treasurer in the presence of the governor and comptroller.

SEC. 3. Whereas, the objects sought to be obtained by this act are of great public interest; and, whereas, the near approach of the adjournment of the Legislature endangers its consideration on three several days, thereby creating an imperative public necessity for dispensing with the rale which requires this bill to be read on three several days, and creates an emergency that this act be in force from and after its passage, and it is so enacted.

Approved March 18, A. D. 1881.
Takes effect from passage.

CHAPTER LII.-An act to amend article 4752,.title 95, of chapter 4, of

the Revised Statutes of the State of Texas.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 4752, of title 95, chapter 4, of the Revised Statutes, shall be amended so as hereafter to read as follows, viz:

"Article 4752. In making sales of real property for taxes the collector shall advertise the same for sale in some newspaper published in the county where the land is to be sold, for three successive weeks, if there be one, and the publisher of such newspaper shall receive as compensation not exceeding twenty-five cents for each tract or parcel of land so advertised, to be taxed as other costs of sale against such land; provided, the cost of advertising in a newspaper shall be deducted from the fees allowed the collector for advertising; and, provided, that the comptroller shall

allow the collector twenty-five cents per tract for each tract of land bid off by the State; and if there be no newspaper published in the county, or there being a newspaper published in the county, and the publisher thereof refuses to publish the advertisement at the price herein fixed, then advertisement shall be made by posting the same for thirty days previous to the day of sale, at the court house door and three other public places in the county where the land or lots are situated, giving in said advertisement such description as is given to the same on the tax rolls in his hands, stating the name of the owner, if known, and if unknown say “unknown,” together with time, place and terms of sale, said sale to be for cash, to the highest bidder, at public outcry, at the court house door, and between legal hours, on the first Tuesday of the month.”

SEC. 2. Whereas, the law only requires tax sales to be posted, which is very prejudicial to land owners, the same not being sufficient notices; and, whereas, the time for advertising such sales is nearly at hand; therefore an imperative public necessity exists requiring the suspension of the constitutional rule requiring this bill to be read on three several days; therefore, resolved that said rule be suspended, and this act take effect and be in force from and after its passage.

Approved March 18, A. D. 1881.
Takes effect from passage.

tled "

CHAPTER LIII.-An act to amend chapter 3, of title 15, of an act enti

an act to adopt and establish a Penal Code and a Code of Criminal Procedure for the State of Texas,” approved Feb. 21, 1879.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That chapter 3, of title 15, of the act entitled "An act to adopt and establish a Penal Code and Code of Criminal Procedure,” approved February 21, 1879, be amended by adding thereto a new article, to follow article 1074, to be entitled article 1074a, and read as follows:

“Article 10740. In all cases where indictments have been presented against persons in one county, charging them with any offense against the Penal Code, and such causes have been removed by change of venue to another county, and tried therein, the county from which such cause is removed shall be liable for all expenses incurred for pay of jurors in trying such causes.”

SEC. 2. That the above recited act shall be amended by adding thereto another article, to follow article 1074a, to be called article 10745, to read as follows:

“Article 10746. That it sball be the duty of the county commissioners of each county in the State, at each regular meeting, to ascertain whether, since their last regular meeting, any person has been tried for crime upon a change of venue from any other county, and if they shall find such to be the case, it shall be their duty to make out an account against such county from which such cause was removed, showing the number of days the jury in such case was employed therein, and setting forth the amount paid for such jury service; such account shall then be certified to as correct by the county judge of such county, under his hand and seal, and be by him forwarded to the county ju''ge of the county court of the county from which the said cause was removed, which account shall be paid in the same manner as accounts for the safe-keeping of prisoners, in article 1074 of this Code.”

SEC. 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Sec. 4. Whereas, several counties now have causes pending in their courts by a change of venue from another county, and under the present law such counties very unjustly are required to pay all the jury expenses attending the trial of the same, therefore an emergency exists, and an imperative public necessity demands the suspension of the constitutional rule requiring a bill to be read on three several days, said rule is therefore suspended, and this act sball take effect and be in force from and after its passage.

Approved March 18, A. D. 1881.
Takes effect from passage.

CHAPTER LIV.-An act to define the time for holding the district

court of Kaufman county.' SECTION 1. Be it enacted by the Legislature of the State of Texas, That the district court in and for Kaufman county shall hereafter be begun and holden on the first Mondays in June and December in each year, and shall continue in session four weeks; provided, that all writs and

process heretofore issued and executed and made returnable to any former term of said court are hereby made valid for all purposes for which they were intended; and all writs and process made returnable to said court shall be made returnable to the terms of said court as herein defined

SEC. 2. Be it further enacted, That the judge of said district court may order such special terms of said court as may be necessary to clear the docket of all the business remaining unfinished in said court in the manner that is now provided by law.

Sec. 3. There being an urgent demand for the immediate passage of this law, and the necessity existing for the same, so as to make the time more convenient to the people, therefore an emergency exists for-its immediate

passage, therefore it shall take effect from and after passage. Approved March 22, A. D. 1881. Takes effect from passage.

CHAPTER LV.-An act to amend articles 4662, 4664 and 4665 of

chapter 1, title 95, of the Revised Statutes, adopted February 28, 1879.

[ocr errors]

SECTION 1 Be it enacted by the Legislature of the State of Texas, That article 4662 of the Revised Statutes shall hereafter read as follows:

“Article 4662. There sball be levied and collected an annual direct ad valorem State tax of four-tenths of one per centum of the cash value thereof, estimated in lawful currency of the United States, on all real property situated, and all movable property owned, in this State on the first day of January of each and every year, except so much thereof as may be exempted by the constitution and laws of this State, which cash value sball be estimated in the lawful currency of the United States.”

SEC. 2. That article 4664 of the Revised Statutes shall hereafter read as follows:

“Article 4664. There shall be levied and collected from every male person between the

ages of twenty-one and sixty years, resident within This State on the first day of January of each year (Indians not taxed, and persons insane, blind, deaf and dumb, or those who by amputation of one hand or one foot excepted), an annual poll tax of two dollars each-one dollar for the benefit of free schools, and one dollar for general revenue purposes.”

SEC. 3. That article 4665 be so amended as to hereafter read as follows:

[“Article 4665.] That there shall be levied on and collected from every person, firm, company, or association of persons, pursuing any of the following named occupations, an annual tax, except when herein otherwise provided, on every such occupation or separate establishment as follows:

“From every merchant whose purchases amount to one hundred thousand dollars annually, one hundred and eighty dollars; from every merchant whose annual purchases amount to fifty thousand dollars, ninety dollars; from every merchant whose annual purchases amount to twentyfive thousand dollars, forty-five dollars; from every merchant whose annual purchases amount to fifteen thousand dollars, twenty-seven dollars; from

every merchant whose annual purchases amount to ten thousand dollars, eighteen dollars; from every merchant whose annual purchases amount to five thousand dollars, nine dollars; from every merchant whose annual purchases amount to two thousand dollars or less, five dollars.

“From every commercial traveler, drummer, salesman or solicitor of trade by sample or otherwise, an annual occupation tax of fifty dollars; provided, that the tax herein required to be paid by such commercial traveler, drummer, salesman or solicitor shall be paid to the comptroller of public accounts, whose receipt, under seal, shall be evidence of the payment of such tax; and, provided further, that no county, city or town shall levy or collect any occupation tax upon such commercial traveler, drummer, salesman or solicitor; provided, that nothing herein contained shall apply to any one soliciting subcriptions for religious, literary or historical books or maps, or to persons soliciting for nurseries; provided further, that every commercial traveler, drummer, salesman or solicitor of trade, before he solicits for orders, or makes any sales of any article whatever in any county of this State, shall file with the county clerk of such county the comptroller's receipt for the occupation tax herein pre. scribed, and the clerk shall immediately record such receipt, and return the same to such commercial traveler, drummer, salesman or solicitor of trade, on his payment of a fee of twenty-five cents therefor; and every commercial traveler, drummer, salesman or solicitor of trade, who shall solicit orders, or make any sales in any county in this State, without first having the receipt of the comptroller for his occupation tax duly recorded as herein prescribed, shall be deemed guilty of a misdemeanor, and fined in any sum not less than twenty-five nor more than one hundred dollars.

“A merchant, in the meaning of this act, is any person, firm or association of persons engaged in buying and selling goods, wares and merchandise of any kind whatever.

“From every traveling person selling patent or other medicines, two hundred dollars; and no traveling person shall so sell until said tax is paid.

“From every fortune-teller, two hundred dollars.

“From every clairvoyant or mesmerist, who plies his or her vocation for

money, five dollars for each and every county in which such vocation is carried on.

.

“From every person, firm or association of persons engaged in discounting and shaving paper, or engaged in business as money-brokers or bankers, or in buying and selling bonds, State or county warrants, or other claims against the Siate, an annual tax of twenty dollars in a city or town of not more than two thousand inhabitants; in a city or town of five thousand and not less than two thousand inhabitants, an annual tax of fifty dollars; in a city or town of ten thousand and not less than five thousand inhabitants, an annual tax of one hundred dollars; in a city or town of twenty thousand and not less than ten thousand inhabitants, an annual tax of one hundred and fifty dollars; in a city or town of forty thousand' and not less than twenty thousand inhabitants, an annual tax of two hundred dollars.

“From every operator or owner of any daguerrean, photograph or other such like gallery, by whatever name called, if in any incorporated city or town of less than five thousand inhabitants, eight dollars; if more than five thousand inhabitants, eighteen dollars; and if elsewhere, five dollars; and from every person soliciting work for any daguerrean, photograph or such like gallery; or for persons engaged in the business of copying or enlarging pictures or photographs of any character, where such gallery is not situated in, or such business is not in, the county in which he solicits such work, ten dollars.

“ From every autioneer doing business in a city of ten thousand inhabitants or more, an annual tax of sixty dollars; from every

auctioneer in a city or town of five thousand and not more than ten thousand inhabitants, forty dollars; from every auctioneer in a city or town of two thousand inhabitants and not more than five thousand, twenty-four dollars; from auctioneers in all other towns and villages, sixteen dollars.

"From every person, firm or association of persons following the occupation of ship merchandising, if in a city or town of ten thousand inhabitants, or more, twenty-five dollars; if in a city or town of less than ten thousand inhabitants, ten dollars.

" From every keeper of a toll bridge, an annual tax of ten dollars. “From every person, firm or association of persons selling upon commission, an annual tax of ten dollars.

• From land agents there shall be collected an annnal tax of eight dollars.

“ The term “land agent' shall be construed to mean any person, firm or association of persons performing for compensation any of the following services: Purchasing or selling real estate for others; purchasing or sello ing land certificates for others. But this term “land agent shall not be so construed as to levy any tax upon attorneys in addition to the one hereinafter levied, when pursuing the occupation of an attorney, strictly as such.

"From every person practicing law, five dollars; provided, that attorneys-at-law shall only pay county occupation tax in the county of his or their residence.

"From every practicing physician having a permanent home in this State, five dollars; provided, that physicians shall only pay county occupation tax in the county of their residence.

"From every physician, surgeon, occulist or medical specialist of any kind, traveling from place to place in the practice of his profession, an annual tax of fifty dollars in each county where he may practice his profession.

“From every dentist in a city or town of ten thousand inhabitants or

« 이전계속 »