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inspector of sheep makes the examination and inspection upon his own motion, he shall not be entitled to any compensation, unless the sheep are affected with scab or some infectious or contagious disease; and if any inspector of sheep shall wilfully demand or receive any fee or compensation where none is allowed him by law, he shall be deemed guilty of misdemeanor, and, upon conviction thereof, he shall be fined in any sum not less than ten nor more than two hundred dollars, and shall also be deemed guilty of official misconduct and liable to be removed from office, as is or may be provided by law.

"Sec. 5. Whenever, upon examination and inspection, here before provided, of flocks herded or kept in the county, scab or any other infectious or contagious disease is ascertained to exist in any flock, the inspector shall at once notify the owners or persons in charge thereof of said fact, and shall prescribe certain limits within which said flock shall be herded until cured; provided, no person shall be so limited as to prevent him from herding or keeping his sheep anywhere on his own land or lands lawfully controlled by him, if the tract or tracts of said land are so contiguous to each other that in herding or driving the sheep the same will not go or be upon any tract or tracts of land of some other persons.

"Sec. 7. No sheep owners shall give information to any inspector of sheep that any flock of sheep is affected with scab or any infectious or contagious disease, until he shall have first personally and carefully examined said flock, or have been refused the privilege of so doing; provided, that if upon the information of the sheep owners, the inspector of sheep makes the examination and inspection, and finds scab or other infectious or contagious disease to exist among the sheep, his acts in so doing shall not be deemed invalid in any proceedings under this act in any court of this State against such owner or persons in charge of the sheep so examined and inspected from the fact that said informants did. not comply, or may not have complied, with their duty under this section before they gave information to the inspector."

Approved March 9, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XXX.-An act to provide for the change of time of holding the terms of the district court of Gonzales county.

Section 1. Be it enacted by the Legislature of the State of Texas, That hereafter the terms of the district court in and for Gonzales county shall be holden on the first Monday in January and on the third Monday in June, of each year, and continue in session four weeks, or until the business is disposed of.

Sec. 2. That all 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 court by the passage of this act.

Whereas, the term of the district court of Gonzales county, under 'the law as it now exists, will soon commence, and at a time when it will occasion great trouble and inconvenience to the farming communities of said county, therefore, there exists an emergency and public imperative

necessity that the constitutional rule requiring bills to be read on three several days be suspended, and that this bill go into effect from and after its passage, and it is so enacted.

Approved March 18, A. D. 1881.

Takes effect from passage.

CHAPTER XXXI.-An act to regulate the sale of spirituous, vinous or malt liquors or medicated bitters; to fix the rate of occupation tax upon all persons, firms or associations of persons engaged in the sale of spirituous, vinous or malt liquors or medicated bitters; to define the manner and time of collecting such tax, and to affix penalties for failure to pay the same; and to repeal all laws and parts of laws in conflict with the provisions of this act.

Section 1. Be it enacted by the Legislature of the State of Texas, That hereafter there shall be levied upon and collected from any person, firm or association of persons engaged or engaging in the business of selling spirituous, vinous or malt liquors or medicated bitters, an annual tax upon every such occupation, or separate establishment, as follows: For selling spirituous, vinous or malt liquors, in quantities less than a quart, three hundred dollars; for selling such liquors or medicated bitters, in quantities of one quart and less than five gallons, two hundred dollars; for selling such liquors, in quantities of five gallons or more, three hundred dollars; for selling malt liquors exclusively, an annual tax of fifty dollars; provided, that nothing in this section shall be so construed as to prevent wholesale liquor dealers, or merchants who pay occupation tax as such, from selling unbroken packages containing less than five gallons, without being required to pay an additional tax as quart dealers.

Sec. 2. That the commissioners' courts of the several counties in this State shall have power to levy and collect taxes upon each of the occupations herein named equal to one-half of the State tax herein levied upon said business; and, where any such occupation or calling is carried on in an incorporated town or city, such town or city shall have power to levy and collect an additional tax upon such occupation or calling equal to that levied by such commissioners' courts.

Sec. 3. That every person, firm or association of persons, desirous of engaging in the business of selling spirituous, vinous or malt liquors or medicated bitters shall, before engaging in such business, pay to the collector of taxes of the county wherein such business shall be pursued, the entire annual tax herein levied for State purposes, according to the particular class of business in which said person, firm or association of persons may wish to engage, and the entire annual tax upon such business as shall or may be levied by the commissioners' court of said county, and, in case the selling of said spirituous, vinous or malt liquors, or medicated bitters shall be carried on in an incorporated town or city, the person, firm or association of persons so selling shall, in addition to the State and county tax herein required to be paid in advance, pay to the collector of taxes, in and for such town or city, such tax as may be levied upon such business by such town or city, and all taxes herein required shall be paid in advance for periods of not less than twelve months; provided, that any person, firm or association of persons, who may now be engaged in any of the occupations herein named, under and by virtue

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of the authority of an act passed by the Sixteenth Legislature, commonly known as "the bell punch law," approved April 3, 1879, shall not be deprived of any right, privilege or immunity to which he or they may be entitled under said law; but such person, firm or association of persons may continue their said several occupations for the full period or periods of time for which such person, firm or association of persons shall have paid occupation tax under the provisions of said act of April 3, 1879, or may, at their option, take out license under the provisions of this act, and when so doing shall have credit for any balance due on payment made under act of April 3, 1879.

Sec. 4. That any person, firm or association of persons desiring to engage in the sale of spirituous, vinous or malt liquors, in quantities less than a quart, shall, before engaging in such occupation, be required to enter into bond, with at least two good and lawful sureties, payable to the county judge and his successors in office, and to be approved by him, in the sum of one thousand dollars, conditioned that said person, firm or association of persons so selling spirituous, vinous or malt liquors in quantities less than a quart shall keep an orderly house or place for the sale of such liquors, and that he or they will not sell, nor knowingly permit to be sold in his or their said place of business, nor give nor permit to be given any spirituous, vinous or malt liquors to any minor under the age of twenty-one years, or to students of any institution of learning. or to any habitual drunkard, or to any person, after being notified in writing by the wife or daughter of the person not to sell to such person, and that he or they will not knowingly permit any games prohibited by the laws of this State to be played, dealt or exhibited in or about such place of business, and that he or they will not knowingly permit any minor under the age of twenty-one years, to enter upon or remain in such establishment; which said bond may be sued on at the instance of any party aggrieved by the violation of the provisions of said obligation, and said bond shall not be void on first recovery, but may be sued on until the full penal sum named therein shall have been recovered. The provisions of this section shall not be so construed as to repeal or in any manner affect any penal laws now in force concerning the unlawful sales of spirituous, vinous or malt liquors. In addition to civil proceedings for individual injuries brought on said bond, if any person or firm shall violate any of the conditions of the bond herein required, it shall be the duty of the county treasurer and the county attorney and the district attorney, or either of them, to institute suit thereupon in the name of the county judge of the county, for the use and benefit of the county, and the amount of five hundred dollars as a penalty shall be recovered from the principals and sureties, upon proof of a breach of any of the conditions thereof. And, whenever the first or subsequent bond required is exhausted by suits at the instance of individuals or for the use of the county, a new similar bond shall be given and approved before the dealer shall have the right to further pursue his occupation as a retail liquor dealer, or in case a suit is pending on any such bond, and the county or district attorney shall make and file an affidavit with the clerk of the county court that he believes the bond of the defendant will be exhausted by said suit, the said clerk shall notify the liquor dealer thereof, and it shall be the duty of the retail liquor dealer, within twenty days from the time the said bond is exhausted, or in the other event, within twenty days from the time the said notice is given, to give a new bond similar to the bond first given, to be approved in the same way; and until such new bond is

given and approved, where it is required by this act, the retail liquor dealer shall not have the right to further pursue his occupation; and any person who shall pursue his said occupation, without giving a new bond as required by this act, shall be guilty of a misdemeanor, and on conviction shall be fined the same amount provided for in cases where no license has been obtained.

Sec. 5. That the county clerks in the several counties in this State shall issue license to any person, firm or association of persons engaged or desiring to engage in the sale of spirituous, vinous or malt liquors, or medicated bitters, upon payment by such person, firm or association of persons, of all occupation taxes herein levied for State purposes, and such additional occupation taxes as shall be levied by commissioners' courts, and by incorporated towns or cities, and also filing the bond required in section 4 of this act; the evidence of such payment of all tax upon such occupation shall be the receipt of the county collector of taxes for such amount of tax as shall have been or may be assessed and collected for State and county purposes upon such occupation, and the receipt of the city collector of taxes for amount of such tax paid any city or town wherein such business or occupation may be carried on. For issuing the license herein provided for county clerks shall be entitled to charge and receive a fee of twenty-five cents for each license so issued.

Sec. 6. That any collector of taxes who shall knowingly permit any person, firm or association of persons to engage in or pursue any of the occupations herein before named, without first paying all legal taxes assessed against such person, firm or association of persons for such occupation for State and county purposes, and also filing the bond and procuring the license herein required, shall be fined in any sum not less than twenty-five nor more than two hundred dollars for every such offense; provided, that evidence that such collector of taxes has reported such person, firm or association of persons so pursuing an occupation in violation of law, immediately to the county or district attorney of his county, shall be a defense against all prosecutions against collectors under this section.

Sec. 7. That the comptroller of public accounts is hereby required to prescribe and furnish to county clerks the necessary blank forms for bonds herein provided for and the blank forms for license to be issued by such clerks herein required, and also to prescribe and furnish to collectors of taxes the necessary blank forms for receipts to be issued by such collectors to any person, firm or association of persons paying occupation tax under the provisions of this act.

Sec. 8. That the license required by this act shall be posted in some conspicuous place in the house where the business or occupation for which such license is necessary is carried on, and for a failure to so conspicuously post such license at or in such place of business, any person or any member of any firm or association of persons so failing shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed twenty-five dollars.

Sec. 9. That, whereas great confusion, difficulty and loss may occur from any delay in the final passage of this act, thereby creating an emergency and imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days; therefore said rule is hereby suspended, and this act shall take effect and be in force from and after its passage.

Sec. 10. That all laws and parts of laws in conflict with the provisions of this act, be and the same are hereby repealed, except as otherwise herein provided in section 3 of this act.

Approved March 11, A. D. 1881.

Takes effect from passage.

CHAPTER XXXII.-An act to amend articles 3824 and 3825, title 79, of the Revised Civil Statutes of the State of Texas, and to add thereto articles 3825a and 3825b, and to create Clay, Baylor, Wheeler and Oldham county land districts.

Section 1. Be it enacted by the Legislature of the State of Texas, That title 79, chapter 3, articles 3824 and 3825 of the Revised Civil Statutes of the State of Texas be amended, and that articles 3825a and 3825b be added thereto, so that the same shall read as follows:

"Article 3824. The counties of Clay, Wichita, Wilbarger, Greer, Hardeman, Childress and Donley, are hereby made and constituted the Clay land district, and the county surveyor of Clay county shall be the surveyor for said district, and shall keep his office at the county seat of Clay county; and the records of all files and surveys of land for said district shall be kept in said office.

"Article 3825. The counties of Baylor, Knox, Bailey, Lamb, Parmer, Castro, Swisher, Hale, Cottle, Motley, Floyd, Briscoe and Hall are hereby made and constituted the Baylor land district, and the county surveyor of Baylor county shall be the surveyor for said district, and shall keep his office at the town of Seymour, in the county of Baylor, and the records of all files and surveys for land for said district shall be kept in said office. "Article 3825a. The counties of Wheeler, Hemphill, Lipscomb, Collingsworth, Gray, Roberts, Ochiltree, Armstrong, Carson, Hutchinson and Hansford are hereby made and constituted the Wheeler land district, and the county surveyor of Wheeler county shall be the surveyor for said district, and shall keep his office at the county seat of the county of Wheeler, and the records of all files and surveys for land for said district shall be kept in said office.

"Article 3825b. The counties of Oldham, Deaf Smith, Randall, Potter, Moore, Sherman, Dallam and Hartley are hereby made and constituted the Oldham land district, and the county surveyor of Oldham county shall be the surveyor for said district, and shall keep his office at the county seat of Oldham county, and the records of all files and surveys for land for said district shall be kept in said office."

Approved March 11, A. D. 1881.

Takes effect ninety days after adjournment.

CHAPTER XXXIII.-An act to amend sections one and six of "An act to provide for the sale of a portion of the unappropriated public lands of the State of Texas, and the investment of the proceeds of such sale," passed at the special session of the Sixteenth Legislature.

Section 1. Be it enacted by the Legislature of the State of Texas, That sections one and six of the above recited act shall hereafter read as follows:

"Section 1. That all vacant and unappropriated land, situated in the

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