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 courts 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 Cook, Denton, Wise and Montague be and the same are hereby constituted the tenth judicial district.

Sec. 2. The counties of Wheeler, Oldham, Donley, Collinsworth, 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 Monday after the first Mondays 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 Angust, and may continue in session until the business is finished.

Sec. 4. The district courts shall be holden in the counties comprising the thirty-fifth judicial district as follows: In 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 Mondays in April, August and December, and may continue in session three weeks.

Sec. 5. The counties of Ochiltree, Hemphill, Lipscomb, Roberts, Gray, Donley, Collinsworth, 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 at 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 the tenth and thirty-fifth judicial districts, who shall hold their offices until the next general 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 justice's 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 sessions 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 term 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 prescribed 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

cess herein before mentioned are hereby legalized and validated, to all intents and purposes, as if the same had been made returnable to the term or terms of said courts, as the terms thereof are herein prescribed; provided, that if the counties of LaSalle and McMullen shall not be incorporated in a new judicial district, and until then the said counties shall continue to constitute a portion of the twenty-fifth judicial district, and the judge of said district is hereby authorized and required to designate the times of holding the terms of the district courts in said counties by an order that shall be entered on the minutes of the district court of McMullen county, which order shall be published in a newspaper published in the county of Webb for four successive weeks before the first court, (the time of holding which may be so fixed by order) shall be held, which times, when so fixed, shall not be changed, except by the Legislature; and provided further, that the said county of LaSalle shall, until otherwise provided, continue to be attached to the county of McMullen for judicial purposes.

Sec. 5. Be it further enacted, That whereas, the short time elapsing before the ensuing term of the district court in the county of Cameron, as now provided by law, creates an imperative public necessity and emergency for the suspension of the constitutional rule which requires that all bills shall be read on three several days, and the said rule is accordingly suspended. That this act take effect and be in force from and after its passage, and that all laws and parts of laws in conflict herewith be and the same are hereby repealed.

Approved February 24, A. D. 1881.
Takes effect from passage.

CHAPTER XVII.-An act prescribing the times for holding terms of the county court for criminal business in Grayson and Dallas counties.

Section 1. Be it enacted by the Legislature of the State of Texas, That there shall be begun and holden a term of the county court for criminal business of Grayson and Dallas counties, at the county seats thereof, at the following times, to wit: On the first Mondays in January, March, May, July, September and November, and on the third Mondays in February, April, June, August, October and December, in each year, which shall continue in session until the business of the term is disposed of; provided, the term for criminal business shall not extend beyond the commencement of the term for civil and probate business.

Sec. 2. The crowded condition of the civil and probate dockets in the county courts of Grayson and Dallas counties, resulting almost in a denial of trial to litigants, creates an imperative public necessity that the constitutional rule requiring this bill to be read on three several days be suspended and an emergency that this act take effect from and after its passage, and it is so enacted.

Approved February 24, A. D. 1881.
Takes effect from passage.

CHAPTER XVIII.-An act to create the thirty-fourth judicial district, and prescribing the time of holding district courts therein, and to provide for the appointment of a district judge and district attorney therein.

Section 1. Be it enacted by the Legislature of the State of Texas, That the counties of Clay, Archer, Baylor, Young, Throckmorton, Wichita, Wilbarger, Hardeman, Cottle, Motley, Floyd, Hale, Lamb, Bailey, Cochran, Hockley, Lubbock, Crosby, Dickens, King, Haskell, Stonewall, Kent, Garza, Lynn, Terry and Yoakum be and the same are hereby constituted the thirty-fourth judicial district.

Sec. 2. The county of Wichita is hereby attached to the county of Clay for judicial purposes until organized; the counties of Wilbarger, Knox, Hardeman, Cottle, King, Dickens, Motley. Floyd, Crosby, Lubbock, Hale, Lamb, Hockley, Cochran and Bailey are hereby attached to the county of Baylor for judicial purposes until organized; the counties of Haskell, Stonewall, Kent, Garza, Lynn, Terry and Yoakum are hereby attached to the county of Throckmorton for judicial purposes until organized.

Sec. 3. That the district courts in the counties comprising the thirtyfourth judicial district shall be holden as follows: In the county of Clay on the first Mondays in April, August and December, and may continue in session two weeks; in the county of Archer on the second Monday after first Mondays in April, August and December, and may continue in session one week; in the county of Baylor on the third Monday after the first Mondays in April, August and December, and may continue in session two weeks; in the county of Throckmorton on the fifth Monday after the first Mondays in April, August and December, and may continue in session two weeks; in the county of Young on the seventh Monday after the first Mondays in April, August and December, and may continue in session two weeks.

Sec. 4. That 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 at the time prescribed herein, and all such process is hereby legalized and validated, as if the same had originally been made returnable at the times herein specified.

Sec. 5. That immediately after the passage of the act the governor shall appoint some suitable person as judge of said district, and some suitable person as district attorney of said district, who shall each hold their office until the next general election for State and county officers, and until their successors shall be elected and qualified.

Sec. 6. That an imperative public necessity and emergency exist that this act pass and take effect at once; it is, therefore, enacted that the rules requiring this act to be read upon three several days be suspended, and that this act take effect and be in force from and after its passage.

Sec. 7. That all laws and parts of laws in conflict with this act are hereby repealed.

Approved February 25, A. D. 1881.
Takes effect from passage.