CHAPTER XIX.-An act to diminish the civil and criminal jurisdiction of the county courts of Henderson, Parker, Lampasas, Blanco, Bexar, Kimble, Nueces, Gillespie, Kendall, Uvalde, Wheeler, Oldham, Bandera, Wharton, McMullen, Medina, Frio, Dimmitt, LaSalle, Hidalgo, Starr, Zapata, Duval and Burnet counties, and to conform the jurisdiction of the district and justices' courts of said counties to such change. Section 1. Be it enacted by the Legislature of the State of Texas, That the county courts of Henderson, Parker, Lampasas, Blanco, Bexar, Kimble, Nueces, Gillespie, Kendall, Uvalde, Wheeler, Oldham, Bandera, Wharton, McMullen, Medina, Frio, Dimmitt, LaSalle, Hidalgo, Starr, Zapata, Duval and Burnet counties 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, distribution and settlement of estates of deceased persons; and to apprentice minors, as required by law; and all matters of eminent domain, over which the county courts have jurisdiction by the general laws of this State, and to issue all writs necessary to the enforcement of its jurisdiction; and to punish contempt under such provisions as are or may be provided by general law governing county courts throughout the State; but said county courts shall have no other jurisdiction, civil or criminal. Sec. 2. That the district courts of said counties shall have and exercise jurisdiction in all matters and causes, civil and criminal, over which, by the general laws of the State, the county courts of said counties would have jurisdiction, except as provided in section one of this act, and except all causes and matters, civil and criminal, over whicn, by the general laws of the State, the justices' courts of said counties would have jurisdiction; and that all cases, other than probate matters, and such as are provided in sections one and three of this act, be and the same are hereby transferred to the district courts of said counties; and writs and processes, civil and criminal, heretofore issued by or out of said county courts, other than those pertaining to matters over which, by sections. one and three of this act, jurisdiction is given to the county courts and justices' courts of said counties, be and the same are hereby made returnable to the next term of the district courts of said counties. Sec. 3. That the justices' courts of said counties, precinct No. 1, shall have and exercise jurisdiction in all matters and causes, civil and criminal, over which, by the generallaws of the State, the county courts of said counties would have jurisdiction; provided, that, by this section, no more jurisdiction shall be conferred on said courts than is given by the general laws of the State, and that all cases, over which the justices' courts have jurisdiction by the general laws of the State, be and the same are hereby transferred to the justices' courts, precincts No. 1, of Henderson, Parker, Lampasas, Blanco, Bexar, Kimble, Nueces, Gillespie, Kendall, Uvalde, Wheeler, Oldham, Bandera, Wharton, McMullen, Medina, Frio, Dimmitt, LaSalle, Hidalgo, Starr, Zapata, Duval and Burnet counties, and all writs and processes, civil and criminal, heretofore issued by or out of said county courts, other than those pertaining to matters over which, by sections one and two of this act, jurisdiction is given to the county and dis trict courts of said counties, be and the same are hereby made returnable to the next succeeding justices' courts of said precincts No. 1 that convene after this act takes effect. Sec. 4. That the clerks of the county courts of Henderson, Parker, Lampasas, Blanco, Bexar, Kimble, Nueces, Gillespie, Kendall, Uvalde, Wheeler, Oldham, Bandera, Wharton, McMullen, Medina, Frio, Dimmitt, LaSalle, Hidalgo, Starr, Zapata, Duval and Burnet counties be and they are hereby required, immediately after the passage of this act, to make full and complete transcripts of all the entries on their dockets, civil and criminal, heretofore made in causes which, by sections two and three, are transferred to the district and justices' courts of said counties, and file the same, together with all original papers of all of said causes and proceedings, with the clerk of the district court of said counties, and justices of the peace for precinct No. 1 in said counties, which includes all judgments, both civil and criminal, that remain uncollected and not satisfied; and, for the purpose of carrying into effect fully this act, the court having jurisdiction of the subject matter shall have full and ample power to enforce the same by issuing execution or other process required by law, and all of such causes, under this act, transferred to the district courts, shall be immediately docketed by the clerk of said court, and shall stand on the dockets of said courts as appearance cases for the next term of said courts; and all of such causes, transferred to the justices' courts, shall be filed at once by the justice of the peace thereof, which shall stand for trial at the next term of said courts; and for each of said transcripts the county clerk shall receive twenty cents per hundred words, and fifty cents for certificate thereto, to be taxed against the party cast in the suit, if a civil suit, and if criminal against the defendant, if convicted. Sec. 5. That all laws and parts of laws, in conflict with this act, be and the same are hereby repealed. Sec. 6. Whereas, the unnecessary expense and trouble that the people are now and will be put to in attending the county courts of said counties, and the importance of the passage of this act at once, creates an emergency and a public necessity that the rules requiring this act to be read on three several days, should be suspended, and that this act take effect and be in force from and after its passage. Approved February 25, A. D. 1881. CHAPTER XX.-An act validating the proceedings of the county court of Jackson county. Section 1. Be it enacted by the Legislature of the State of Texas, That all the terms of the county court, for civil and probate business, in and for the county of Jackson, heretofore begun and held on the first Mondays of January and July of each year, be and the same are hereby legalized and validated, and all the proceedings therein shall have the same force and effect as if said terms were held on the third Mondays of January and July of each year. Sec. 2. That the public at large are interested in the validity of the records of its courts, and from the amount of work already carved out, and the number of bills now before the Legislature, there is a probability that this bill will not be reached in its regular order during this session, therefore, there is an imperative public necessity and emergency that the constitutional rules 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 25, A. D. 1881. CHAPTER XXI.—An act to provide for the payment of the interest due on the public debt March 1, 1881. Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of twenty-five thousand four hundred and fifty-five dollars be and the same is hereby appropriated out of any moneys in the State treasury not otherwise appropriated, for the purpose of paying the interest accruing on the public debt up to March 1. 1881. Sec. 2. That no default be made in the prompt payment of the interest due on the public debt, and the brief time between the present and the 1st of March, when such interest becomes due, creates an imperative public necessity and emergency that the constitutional rules requiring this bill to be read on three several days be suspended, and that it take effect from and after its passage, and it is so enacted. Approved February 26, A. D. 1881. CHAPTER XXII.-An act to amend an act entitled An act to change and define the times of holding the terms of the district court in the fifth judicial district of the State of Texas, passed by the Sixteenth Legislature, and approved April 23, 1879, so that the same shall hereafter read as follows: Section 1. Be it enacted by the Legislature of the State of Texas, Thathereafter the terms of the district courts of the fifth judicial district of the State of Texas shall be holden at the times hereinafter specified, to-wit: In the county of Cass on the first Mondays in February and September, and may continue in session three weeks; in the county of Bowie on the third Mondays after the first Mondays in February and September, and may continue in session three weeks; in the county of Morris on the sixth Mondays after the first Mondays in February and September, and may continue in session two weeks; in the county of Titus on the eighth Mondays after the first Mondays in February and September, and may continue in session two weeks; in the county of Franklin on the tenth Mondays after the first Mondays in February and September, and may continue in session two weeks; in the county of Camp on the twelfth Mondays after the first Mondays in February and September, and may continue in session two weeks; in the county of Marion on the fourteenth Mondays after the first Mondays in February and September, and may continue in session six weeks; provided that no jury shall be impanneled after the fourth week of said term. Sec. 2. That writs and process returnable to said courts shall be returnable to the terms of said courts as herein defined, and all such writs and process as have been issued, executed and returned shall be as valid as if no change had been made in said courts by the passage of this act. Sec. 3. The fact of the near approach of the terms of the district court in the counties of the fifth judicial district that are intended to be benefited by this act, creates an imperative public necessity and emergency for the immediate passage of this act; therefore, the constitutional rule requiring this bill to be read on three several days is hereby suspended, and this act shall take effect and be in force from and after its passage. Approved February 26, A. D. 1881. CHAPTER XXIII.-An act regulating the removal of the disabilities of minors. Section 1. Be it enacted by the Legislature of the State of Texas, That any minor of this State over the age of nineteen years, who may desire to have his disabilities as a minor removed, he shall, by a bill or petition, present to the district court of the county where he may reside, the cause or causes existing which make it advisable or advantageous to said minor to have his disabilities removed, which bill or petition shall be sworn to by some person cognizant of the facts set out in said bill or petition. Sec. 2. Said petition or bill shall be docketed on the trial docket of the court, and may be heard by the court either in regular order or at any time during term time, and if it shall appear to the court that the ground or causes set out are sufficient, and that it is advisable, or will be advantageous to such minor, in person or property, to have his disabilities. as a minor removed, the court shall enter up a decree removing the disabilities of said minor, and cause it to be entered of record among the decrees and judgments of court. Sec. 3. After the removal of such disabilities of minority, the said minor shall be deemed and held for all legal purposes, of full age, and shall be held responsible, and shall have all the privileges and advantages as if he were of full age, saving only that he shall not vote until he arrives at the full age of twenty-one years. Sec. 4. In all proceedings under this act, a copy of the petition shall be served upon the father of the minor, if living within the State, and, if he be dead, that fact shall be mentioned in the petition. If the father of the minor be not living, then a copy of the petition shall be served upon the county judge of the county in which the proceeding is instituted, and in all such cases the court hearing the application shall appoint a special guardian, whose duty it shall be, in connection with the county judge, to represent the true interests of the minor, as they shall understand it, in aiding or resisting the application of the minor. An allowance shall be made by the district judge presiding to the special guardian, which shall be paid out of the estate of the minor. Approved March 2, A. D. 1881. Takes effect ninety days after adjournment. CHAPTER XXIV.—An act to amend chapter 3, of title 17, of the Penal Code of Texas, by adding after article 683 article 683a. Section 1. Be it enacted by the Legislature of the State of Texas, That the Penal Code of Texas be amended by adding after the article 683 article 683a, which shall read as follows, viz: "That any baggage, master, express agent, stage or hack-driver, or other common carrier, whose duty it is to handle, remove, transfer or take care of trunks, valises, boxes or other baggage while loading, transporting, unloading, transferring, delivering, storing or handling the same, whether or not in the employ of any transportation company or common carrier, who shall maliciously or carelessly or recklessly break, injure or destroy the said baggage, shall be deemed guilty of a misdemeanor, and, on conviction, be fined in a sum not exceeding one hundred dollars; provided, that a prosecution for a misdemeanor, as provided in this section, shall not be a bar to a civil action for damages." Approved March 5, A. D. 1881. Takes effect ninety days after adjournment. CHAPTER XXV.-An act to amend articles 364 and 365 of an act entitled "An act to adopt and establish a Penal Code and a Code of Criminal Procedure for the State of Texas," presented to the governor for his approval on February 27, 1879. Section 1. Be it enacted by the Legislature of the State of Texas, That articles 364 and 365 of an act entitled "An act to adopt and establish a Penal Code and a Code of Criminal Precedure for the State of Texas," presented to the governor for his approval on February 27, 1879, be so amended as to hereafter read as follows: "Article 364. If any person shall bet or wager at any gaming table, or bank, or pigeon-hole or jenny lind table, or nine or ten pin alley, such as are mentioned in the six preceding articles, or shall bet or wager any money or other thing of value at any of the games included in the six preceding articles, or at any of the following games, viz: poker-dice, jack-pot, high dice, high die, low dice, low die, dominoes, euchre with dominoes, poker with dominoes, sett with dominoes, muggins, crack-loo, crack-or-loo, or at any game of any character whatever that can be played with dice or dominoes, or on any table, bank or alley, by whatsoever name the same may be known, and without reference to how the same may be constructed or operated, he shall be fined not less than ten dollars nor more than twenty-five dollars; provided, no person shall be indicted under this section for playing any of said games with dice or dominoes at a private residence. "Article 365. If any person shall permit any game prohibited by the provisions of this chapter to be played in his house, or a house under his control, or upon his premises, or upon premises under his control, the said house being a public place, or the said premises being appurtenances to a public place, he shall be fined not less than twenty-five nor more than one hundred dollars." Approved March 5, A. D. 1881. Takes effect ninety days after adjournment. |