attorney, such county attorney shall cease to perform the functions of such office, and there shall be no county attorney in such county during the time there may be a resident criminal district attorney therein. By the term, criminal district attorney, is meant an attorney for a criminal district

court.

Approved January 24, 1883.

Takes effect ninety days after adjournment.

CHAPTER V.

An Act authorizing the Commissioner of the General Land Office to employ additional Clerks, and fixing their Salaries.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the Commissioner of the General Land Office be and is hereby authorized to employ six additional assistant clerks in the General Land Office for not more than ninety days after the passage of this act, at a salary not exceeding seventy-five dollars per month for each clerk.

SEC. 2. The fact that over four thousand surveys have not yet been reached for examination, and the further fact that work on other files are necessarily suspended till these surveys are examined and indexed, creates an imperative public necessity that the rule requiring bills to be read on three several days, should be suspended and an emergency exists that it take effect and be in force from and after its passage and it is so enacted.

Approved January 26, 1883.

Takes effect from and after its passage.

CHAPTER VI.

An Act to withdraw from sale, all the School, University and Asylum Lands, heretofore by any law of this State authorized to be sold.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That all the school, university and asylum lands heretofore authorized by any law of this State to be sold, are hereby withdrawn from sale from the passage of this act until after the expiration of ninety days. from the adjournment of the Legislature.

SEC. 2 All laws and parts of laws in conflict with this act are hereby suspended until ninety days after the adjournment of this Legislature. SEC. 3. Whereas these lands are being daily sold, to the great detriment of the State and an imperative public necessity exists for the immediate passage of the same, the constitutional rule requiring bills to be read on three several days should be suspended, and this bill take effect from and after its passage.

Approved February 3, 1883, at 10 o'clock and 30 minutes a. m.
Takes effect from and after its passage.

CHAPTER VII.

An Aet concerning Public Lands heretofore surveyed by Railroads, or Corporations, or any Company or Person, for the benefit of Public Free Schools of this State.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That any and all public lands heretofore surveyed by railroads or corporations, or any company or any person in this State, for the benefit of the public free schools of this State, by virtue of any certificate, valid or invalid, void or voidable, be and the same are hereby declared to be lands belonging to the public free schools of this State.

SEC. 2. All laws and parts of laws in conflict with this act be and the same are hereby repealed.

SEC. 3. Whereas, the protection of the interest of the public free schools 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 at 2 o'clock p. m., February 3, 1883. Takes effect from and after its passage.

CHAPTER VIII.

An Act to amend Article 1265, of Chapter 8, Title 29 of the Revised Civil Statutes.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 1265 of Chapter 8, Title 29, of the Revised Civil Statutes of this State, be amended so that it shall hereafter read as follows viz:

ARTICLE 1265. "An answer setting up any of the following matters, unless the truth of the pleadings appear of record, shall be verified by affidavit

1. That the suit is not commenced in the proper county.

2.

3.

That the plaintiff has not legal capacity to sue.

That the plaintiff is not entitled to recover in the capacity in which he sues.

4.

That there is another suit pending in this State between the same parties for the same cause of action.

5.

That there is a defect of parties plaintiff or defendant.

6. A denial of partnership as alleged in the petition, whether the same be on the part of the plaintiff or defendant.

7. That the plaintiff or defendant alleged in the petition to be duly incorporated, is not duly incorporated.

8. A denial of the execution by himself, or by his authority, of any instrument in writing upon which any pleading is founded in whole or in part, and charged to have been executed by him, or by his authority, and not alleged to be lost or destroyed. Where such instrument in writing is charged to have been executed by a person then deceased, the affidavit will be sufficient if it state, that the affiant has reason to believe, and does believe that such instrument was not executed by the decedent or by his authority.

9. A plea denying the genuineness of the endorsement or assignment of a written instrument, as required by Article 271.

10. That a written instrument upon which a pleading is founded, is without consideration, or that the consideration of the same has failed in whole or in part.

11. That an account which is the foundation of the plaintiff's action, and supported by an affidavit is not just, and in such case the answer shall set forth the items and particulars which are unjust.

12. That the contract sued upon is usurious.

Approved February 5, 1883.

Takes effect ninety days after adjournment.

CHAPTER IX.

An Act amending Article 4000 of the Revised Civil Statutes.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 4000 of the Revised Civil Statutes be amended so as to read as follows:

ARTICLE 4000. "There shall be printed not less than eight thousand "copies of the laws of a general nature, and as many more as the printing "board may require, not to exceed twelve thousand in all; and fifteen hun"dred copies of the special laws, including all acts for the private relief,. "all acts incorporating towns and cities, all acts having a local application, "all acts of a personal nature, and all acts incorporating private-associa"tions, of every description that may be passed at each session of the Leg"islature, and one thousand copies of the journals of each house of the "Legislature."

SEC. 2. Whereas, the type is set from day to day for the publication of the journal, and the same can now be done at a saving of expense to the State; therefore 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 6, 1883.

Takes effect after passage.

CHAPTER X.

An Act to amend Article 240, of Title 8, Chapter of the first section 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 February 21, 1879.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 240, of Title 8, Chapter 6 of the first section 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 February 21, 1879, be so amended as to hereafter read as follows:

ARTICLE 240. If any officer authorized by law to demand or receive fees of office, or any person employed by such officer, shall wilfully demand, or receive higher fees than are allowed by law, or shall wilfully demand or receive fees not allowed by law, he shall be punished by fine not less than twenty-five, nor more than one hundred dollars for each offense. Approved February 9, 1883.

Takes effect ninety days after adjournment.

CHAPTER XI.

An Act to diminish the civil jurisdiction of the County Court of Morris County and to conform the jurisdiction of the District Court to such change.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the County Court of the County of Morris shall have and exercise general jurisdiction of probate courts, to probate wills, to appoint guardians for minors, idiots, lunatics, persons non compos mentis and common drunkards, to grant letters testamentary and of administration, to settle accounts of executors, administrators and guardians, and to 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 the estates of deceased persons, and to apprentice minors as prescribed by law and to issue all writs and process necessary to the enforcement of their jurisdiction and to punish contempts under such provisions as are, or may be provided by law throughout the State.

SEC. 2. That said County Court shall have original jurisdiction over all misdemeanors, except those involving official misconduct and said court shall also have appellate jurisdiction in criminal cases of which justices of the peace and other inferior tribunals of said county have original jurisdiction.

SEC. 3. That said County Court shall have jurisdiction in the judg ment and forfeiture of all bonds and recognizances taken in criminal cases, of which cases said court has jurisdiction.

SEC. 4. That the County Judge of said county shall have authority, either in term time, or in vacation to grant writs of certiorari, mandamus and all other writs and process necessary to the enforcement of the jurisdiction of said court and shall also have power to issue writs of habeas corpus in all cases in which the Constitution has not conferred the power on the District Court, or the judge thereof.

SEC. 5. That the district court of said county shall have jurisdiction in all civil matters and cases over which the county court of said county has jurisdiction under the general laws of this State, except as otherwise provided in this act and all such cases are hereby transferred to the district court of said county and all writs and processes issued out of the county court in said cases shall be valid and the same shall be returnable to the next term of the district court to be held in and for said county. SEC. 6. That the clerk of the court of the county aforesaid 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 his civil docket theretofore made in cases which by the provisions of this act are transferred to the district court of said county and file the same together with the original papers of all said cases, together with a certified bill of the costs in each case with the clerk of the district court of said county and all such cases shall immediately be docketed and numbered consecutively by the clerk of said court beginning with the lowest number and shall stand on the docket of said court as appearance cases for the next term of said court: And for making up said transcript, said clerk shall receive twenty cents for each hundred words, and fifty cents for each certificate, to be taxed as costs against the party cast in the action. SEC. 7. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed.

SEC. 8. Whereas, the immediate operation of the provisions of this act will save the county herein named a large and unnecessary expense, and thereby an emergency exists, which justifies that this act take effect and be in force from and after its passage and it is so enacted; and whereas, the time for holding the term for civil business in said county is near at hand creates an imperative public necessity which authorizes the suspension of the rule requiring this bill to be read on three several days, and said rule is so suspended.

Approved February 9, 1883.

Takes effect ninety days after adjournment.

CHAPTER XII.

An Act to prevent certain county officers, their deputies and employees from purchasing property at tax sales.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That if any sheriff, or collector of taxes of any county in this State, deputy sheriff, or deputy collector, or any employee of such sheriff or collector authorized by him to collect or receive taxes, or to assist in any way in making sales for the collection of taxes, shall in the county where he resides, bid for, purchase, or attempt to purchase, or be in any way interested in the purchase of any property, either real or personal, at any sale of such property, made or attempted to be, for the collection of State and county taxes, or either, he shall be fined not less than ten, nor more than one thousand ($1000) dollars and any such officer so offending shall be deemed guilty of official misconduct and upon conviction shall be removed from office.

Approved February 9, 1883.

Takes effect ninety days after adjournment.

CHAPTER XIII.

An Act making an appropriation for the deficiency in the amount appropriated for Public Printing for the year beginning Feb. 28, 1882, and ending Feb. 28, 1883.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That three thousand dollars or so much thereof as may be necessary, be appropriated out of any monies in the Treasury, not otherwise appropriated, to supply the deficiency in the amount appropriated for public printing for the year beginning Feb. 28, 1882, and ending Feb. 28, 1883.

SEC. 2. The fact that the appropriation for the purpose above specified, has been exhausted, and there is now no money in the Treasury subject to drafts, for current printing, creates an imperative public necessity requiring that the constitutional rule that bills be read on three several days be suspended, and that this bill take effect and be in force from and after its passage, and it is so enacted.

Approved February 10, 1883.

Takes effect after passage.