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.
Takes effect from passage.

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 so 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.

Takes effect ninety days after adjournment.

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.

SEC. 2. 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.

Takes effect from passage.

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 the Legislature of the State of Texas, That the comptroller of public accounts, the 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, compensation, 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 the 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, emoluments 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

tive departments of the government of this State, to order or compel the performance of any act or duty, which, by the laws of this State, they or either of them are authorized to perform, whether such act or duty be judicial, ministerial or discretionary.

Approved February 15, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XIII.-An act to reorganize the tenth judicial district, and to establish the thirty-fifth judicial district, and prescribe the time for holding terms of court therein, and providing for the appointment of a district attorney and a district judge for the thirty-fifth judicial district, and a district attorney for the tenth judicial district.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the counties of Cooke, Denton, Wise and Montague be and the same are hereby constituted the tenth judicial district.

SEC. 2. The counties of Wheeler, Oldham, Donley, Collingsworth, Childress, Hall, Briscoe, Swisher, Castro, Parmer, Deaf Smith, Randall, Armstrong, Gray, Carson, Potter, Hartley, Moore, Hutchinson, Roberts, Hemphill, Lipscomb, Ochiltree, Hansford, Sherman, Dallam and Greer be and the same are hereby constituted the thirty-fifth judicial district.

SEC. 3. The district courts in the counties comprising the tenth judicial district shall be holden as follows: In the county of Cook on the first Mondays in February and August, and may continue in session six weeks; in the county of Denton on the sixth Mondays after the first Monday in February and August and may continue in session six weeks; in the county of Wise on the twelfth Monday after the first Mondays in February and August, and may continue in session five weeks; in the county of Montague on the seventeenth Monday after the first Mondays in February and August, and may continue in session until the business is finished.

SEC. 4. The district court shall be holden in the counties comprising the thirty-fifth judicial district as follows: The county of Wheeler on the first Mondays in April, August and December, and may continue in session four weeks; in the county of Oldham on the fourth Monday after the first Monday in April, August and December, and may continue in session three weeks.

SEC. 5. The counties of Ochiltree, Hemphill, Lipscomb, Roberts, Gray, Donley, Collingsworth, Childress, Hall, Briscoe, Armstrong, Carson, Hutchinson, Greer and Hansford are hereby attached to the county of Wheeler for judicial purposes until organized. The counties of Sherman, Moore, Potter, Randall, Swisher, Castro, Parmer, Deaf Smith, Hartley and Dallam are hereby attached to the county of Oldham for judicial purposes until organized.

SEC. 6. All process heretofore issued or served, returnable in any of the counties of said judicial district as heretofore prescribed by law, shall be considered as returnable to the terms herein prescribed, and all such process is hereby legalized and validated, as if the same had been made. returnable at the terms herein prescribed.

SEC. 7. That immediately after the passage of this act, the governor

shall appoint a suitable person as judge of the thirty-fifth judicial district, and suitable persons as district attorneys in the tenth and thirty-fifth judicial districts, who shall hold their offices until the next genernl election held for State and county officers, and until their successors shall be elected and qualified.

SEC. 8. That all laws and parts of laws in conflict with this act be and the same are hereby repealed.

SEC. 9. If any unorganized county mentioned in this bill shall organize prior to the next regular session of the Legislature, the district judge shall fix times to hold at least two terms of court each year in each of such counties by a written declaration, to be forwarded by the judge to the district clerk of the county, and spread by him upon the minutes of the district court. When the times are so fixed they shall not be changed, except by the Legislature.

SEC. 10. That owing to the recent organization of counties in the Panhandle, making it impossible for the judge of the tenth district to hold court therein on account of the great extent of the district, an imperative public necessity and emergency exist that the constitutional rule requiring this bill to be read on three several days be suspended, and that this act take effect and be in force from and after its passage, and it is so enacted.

Approved February 15, A. D. 1881.

Takes effect from passage.

CHAPTER XIV.-An act to establish a rule governing the defense of intoxication, and of temporary insanity produced by the voluntary recent use of ardent spirits, in criminal causes in this State.

SECTION 1 Be it enacted by the Legislature of the State of Texas, That neither intoxication nor temporary insanity of mind, produced by the voluntary recent use of ardent spirits, shall constitute any excuse in this State for the commission of crime, nor shall intoxication mitigate either the degree or the penalty of crime, but evidence of temporary insanity produced by such use of ardent spirits may be introduced by the defendant in any criminal prosecution in mitigation of the penalty attached to the offense for which he is being tried, and in cases of murder for the purpose of determining the degree of murder of which the defendant may be found guilty.

SEC. 2. It shall be the duty of the several district and county judges of this State, in any criminal prosecution pending before them, where temporary insanity is relied upon as a defense and the evidence tends to show that such insanity was brought about by the immoderate use of intoxicating liquors, to charge the jury in accordance with the provisions of section 1 of this act.

Approved February 17, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XV.-An act to amend article 1547 of the Revised Civil Statutes, passed February 21, 1879.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That article 1547 of the Revised Civil Statutes shall be so amended as hereafter to read as follows:

Article 1547. Justices of the peace shall hold the regular terms of their courts at their respective offices at such times as may be prescribed by the commissioners' court of the county.

SEC. 2. There being no adequate law now in force fixing the time of holding the justices' court, where there are more than one residing at the county seat, and it being impossible for the constable to wait upon the courts holding session at the same time, an imperative public necessity exists that this act take effect at once, and the same shall take effect and be in force from and after its passage.

Approved February 17, A. D. 1881.
Takes effect from passage.

CHAPTER XVI.-An act to reorganize the twenty-fifth judicial district of the State of Texas, and to provide the times for holding the district courts therein.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the twenty-fifth judicial district of the State of Texas shall be composed of the following counties: Cameron, Hidalgo, Starr, Zapata, Webb, Encinal, Duval and Nueces.

SEC. 2. Be it further enacted, That the district courts of said district shall be holden at the times hereinafter specified, to-wit: In the county of Cameron on the second Mondays of May and December, and may continue in session four weeks; in the county of Hidalgo on the fourth Mondays after the second Mondays of May and December, and may continue in session one week; in the county of Starr on fifth Mondays after the second Mondays of May and December, and may continue in session three weeks; in the county of Webb on the eighth Mondays after the second Mondays of May and December, and continue session three weeks; in the county of Duval on the eleventh Mondays after the second Mondays of May and December, and may continue in session two weeks; in the county of Nueces on the thirteenth Mondays after the second Mondays of May and December, and may continue in session until the business is disposed of, not exceeding six weeks.

SEC. 3. Be it further enacted, That the counties of Zapata and Encinal be and they hereby are attached to the county of Webb for judicial purposes.

SEC. 4. Be it further enacted, That all writs and process, civil and criminal, heretofore issued by or from the district courts in the several counties of said district and made returnable to the former terms of said courts as said terms are now fixed by law, shall be returnable to the next ensuing terms of said district courts in each county as they are pre scribed in this act; and all such writs, process that may be issued by or from said county, at any time within five days next before the holding of the next ensuing terms of said courts, as prescribed herein, and hereby made returnable to said terms respectively, and all such writs and pro