[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 11th day of April, A. D. 1905, but was not signed by him nor returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-O. K. SHANNON, Secretary of State.]

Became a law April 22, 1905.

BUTCHERS-REQUIRING BUTCHERS OF KARNES COUNTY TO GIVE BOND.

An Act to amend Article 899 of the Penal Code of the State of Texas of 1895, so as to require the butchers of Karnes County, Texas, to give bond as required by law.

Be it enacted by the Legislature of the State of Texas.

That Article 899 of the Penal Code of the State of Texas, be amended so as to hereafter read as follows:.

Art. 899. The provisions of this law shall not apply to either of the following counties: Collin, De Witt, Goliad, Lamar, Bee, Victoria, Calhoun, Rufugio, Bell, Coryell, Hamilton, Mills, Brown, Comanche Lavaca, Llano, San Saba, Anderson, Concho, Runnels, Coleman, Travis, Grayson, Cooke, Montague, Colorado, Bexar, Jasper, Newton, Orange, Jefferson, Polk, San Jacinto, Tyler, Chambers, Hardin, Liberty, Harrison, Smith, Upshur, Gregg. Wood, Raines, Bowie, Cass, Morris, Titus, Lee, Bastrop, Fayette, Hill, Johnson, Ellis, McLennan, Falls, Robertson, Milam, Brazos, Galveston, Brazoria, Matagorda, San Patricio, Guadalupe, Caldwell, Hays, Blanco, Comal, Tarrant, Wise, Parker, Jack, Dallas, Nacogdoches, San Augustine, Shelby, Sabine, Panola, Rusk, Hunt, Hopkins, Delta, Franklin, Camp, Angelina, Houston, Leon, Grimes, Madison, Kaufman, Rockwall, Fannin, Red River, Van Zandt, Henderson, Cherokee, Bosque, Hood, Erath, Somerville, Denton, Trinity, Walker, Montgomery, Harris, Austin, Washington, Wharton, Fort Bend, Waller, Burleson, Limestone, Freestone, Navarro, Mason, Medina, Kimble, Kerr, Kendall, Bandera, Sutton, Gillespie, Williamson, Lampasas, Burnet, Presidio, Brewster, Midland, Reeves, Marion, Ward, Jeff Davis, Palo Pinto, Eastland, Jones, Shackelford, Callahan, Baylor, Knox, Haskell, Wilson and Wilbarger and El Paso.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 11th day of April, A. D. 1905, but was not signed by him nor returned to the house in which it originated, with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-O. K. SHANNON, Secretary of State.]

Takes effect 90 days after adjournment.

POOL, BILLIARD HALLS AND BOWLING ALLEYS-REGULATION THEREOF.

An Act to inhibit owners, managers and lessees of Billiard halls, pool halls and ten pin and bowling alleys, and their clerks and employes, from permitting persons under twenty-one years of age to play at any game of billiards or pool or roll upon any ten pin or bowling alley, or permit them to enter and remain in such place of business, whether intoxicating liquors are sold therein or not, and to provide a penalty for a violation of this act.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That if any owner, lessee or manager of any billiard hall, pool hall, ten pin alley or bowling alley, or any employe therein, whether intoxicating liquors are sold in such place or not, shall permit any person under the age of twenty-one years to enter such place of business and remain therein for any length of time, without the consent of the parent of such minor, or some one standing in their place and stead, or shall permit any person under twenty-one years of age to play billiards or pool, or roll on any ten pin or bowling alley in such place of business without the consent of the parent of such minor, or some one standing in their place and stead, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than twenty dollars nor more than one hundred dollars.

SECTION 2. The fact that we now have no adequate law upon the statutes to inhibit persons under twenty-one years of age from entering and remaining in any billiard or pool hall, or ten pin or bowling alley, or playing at such games, creates an emergency and imperative public necessity that the constitutional rule requiring bills to be read on three separate days be suspended, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate, no vote given; and passed the House of Representatives, no vote given.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 11th day of April, A. D. 1905, but was not signed by him nor returned to the house in which it originated with his objections thereto, within the time prescribed by the Constitution, and thereupon became a law without his signature.-O. K. SHANNON, Secretary of State.]

Takes effect 90 days after adjournment.

DEPOSITIONS-NOTICE FOR AND TAKING OF.

Free Conference Bill for S. S. B. Nos. 5 and 79.]

CHAPTER 76.

An Act to amend Title XL, Chapter 2, Revised Civil Statutes of The State of Texas of 1895, by adding Article 2274a, and amending Articles 2282 and 2284 of said Title and chapter, relating to notice for and the manner of taking depositions in civil cases.

Be it enacted by the Legislature of the State of Texas:

That Title XL, Chapter 2, of the Revised Civil Statutes of the State

of Texas of 1895, be amended by adding thereto Article 2274a; and that Articles 2282 and 2284, Title 40, Chapter 2, of the Revised Civil Statutes of the State of Texas of 1895 relating to notice for and the manner of taking depositions be amended so that the same shall hereafter read as follows:

Article 2274a. The parties to any civil cause in this State desiring to take the deposition of any witness in said cause in answer to oral question to be propounded to such witness, may file with the clerk of the court or Justice of the peace where the cause is pending their agreement and application in writing to that effect, stating the name of the officer agreed upon to take such depositions and asking for a commission, directed to said officer or any other officer authorized to take depositions, that may be substituted by written agreement of said parties, filed with the papers in said cause, to take the deposition in answer to oral questions to be propounded to the witness, giving the name of the witness and his residence, or where he may be found. When such agreement and application shall be filed in any civil cause pending in any trial court of this State, it shall be the duty of the clerk of such court, or justice of the peace, as the case may be, to issue a commission directed to the Judge or clerk of any court of record, notary public or justice of the peace, commanding him to subpoena such witness to appear before such officer at the time and place to be named therein, which process shall be directed to any sheriff or constable of the county and State where said witness resides, and shall be executed and returned like subpoenas in civil cases in the State. At least five days written notice of the time and place when and where the depositions of the witness are to be taken shall be given by the officer taking the same to both parties to such suit, or their attorneys of record; and the parties to such suit and their agents and attorneys may be present when the witness is examined. When the witness appears before the officer to whom the commission is directed, and the parties to the suit, or their agents or attorneys or either of them being present, the party desiring the testimony of the witness shall proceed to examine such witness by propounding oral questions to him in respect to the issues of said cause, after which such witness may be cross-examined by the adverse party orally, and then re-examined and re-cross-examined, and as far as practicable in the same manner and subject to the same rules of practice and evidence as if said evidence would be adduced in open court on the trial of said cause. Questions propounded to and the answers of such witnesses shall be reduced to writing and read over to him as the same are severally taken, and objections to either the questions or answers shall be made and entered at the time the deposition is taken, and when said examination is completed the witness shall sign the same; Provided, that by agreement of the parties to such suit the answers of the witness may be taken in narrative form, omitting the questions propounded. In taking such depositions the officer before whom the same is taken may employ a skillful stenographer or type writer who shall be agreed upon by all the parties to take down and reduce to type or writing the answers of the witness. When the answers of the witness have been reduced to writing, the officer executing the commission shall certify over his signature and seal of office that the same were made

and reduced to writing and sworn to and subscribed before him by said witness after due examination by the parties to said suit or their attorneys; and such officer shall then seal them up in an envelope together with the commission and questions asked (unless by agreement such answers are in narrative form) and shall write his name across the seal and endorse on the envelope the names of the parties to the suit and of the witness, and shall direct the package to the clerk of the court or Justice of the Peace from which or by whom the commission was issued, and return the same as provided in Article 2286.

Article 2282. Upon receipt of such commission by any officer to whom it is directed, whether such is to be taken orally or on written. questions and answers, as provided in Article 2274, Title 40, Chapter 2, he shall give at least five days' notice, in writing, to the party at whose instance said deposition is taken, or his attorney of record, and also the adverse party or his attorney of record, of the time and place ging the particular address when and where said deposition will be taken and stating the day and hour of the day the taking of such testimony will begin; and if the witness and officer executing the commission reside in this State and such witness does not voluntarily appear before the officer at the time and place fixed by him, he shall issue a subpoena, directed to the sheriff or any constable of his county, requiring him to summon the witness to appear and answer the interrogatories and cross interrogatories, if any, at a subsequent time and place to be named in such subpoena.

Article 2284. Upon the appearance of the witness, the officer to whom the commission is directed, where such deposition is to be taken on written questions and answers, shall execute such commission by propounding to the vitness the interrogatories accompanying the commission in their numerical order, beginning with the first direct interrogatory and continu.ng until all the direct and cross interrogatories have been propounded al answered; and the answers of the witness to each interrogatory and ess interrogatory shall be reduced to writing and then read over to the witness at the time it is made and before the next succeeding interrogatory, or cross interrogatory shall be propounded to him; and the witness shall not be advised of the contents of said interrogatories or cross interrogatories until the same are severally propounded to him by the officer executing the commission. When the answers of the witness have been so made and reduced to writing in this due order, they shall be signed and sworn to by the witness; and the officer before whom they are taken shall certify over his signature and seal of his office that such answers were made, reduced to writing and read over to the witness in the due order of such interrogatories and cross interrogatories, and were then signed and sworn to by the witness before him; and such officer shall then seal them up in an envelope, together, with the commission and interrogatories and the cross interrogatories, if any, and shall write his name across the seal and endorse on the envelope the names of the parties to the suit and of the witness, and shall direct the package to the clerk of the court or Justice of the Peace from which or by whom the commission was issued. Provided, that when notice of the taking of said depositions shall have been given as herein required it shall be lawful for either party, his agents or at

torneys, to be present and make such notes of the proceedings as he or they may desire; but it shall be unlawful for either party, his agent or attorney to make any suggestion to the witness or officer taking the depositions in regard thereto while said depositions are being taken, and Provided, further, that it shall not be lawful for the witness, while answering such interrogatories and cross interrogatories to use or refer to any memoranda or writing, except such as under the rules of evidence he would be permitted to use and refer to if testifying as witness in open court; and any memoranda or writing so used or referred to by such witness, or a certified copy thereof properly marked for identification by the officer taking such deposition, shall be attached to and returned with said answers; and provided, further, that if at any time after said deposition has been filed it shall be made to appear that any of the provisions of this article have been violated, such deposition shall be suppressed at the cost of the party guilty of such violation, and Provided, further, that when a deposition is taken, it shall be forwarded forthwith in one of the ways named in Article 2286; and if such deposition is delivered to a person interested in taking the same, or any other person authorized by law to receive the same for transmission, he shall forthwith deliver the same to the clerk or officer of the court to whom such deposition is addressed, and for failure so to do, such deposition shall not be used either as evidence or for any other purpose whatso

ever.

Approved April 12, 1905.

Takes effect 90 days after adjournment.

ESTATES OF DECEDENTS-PARTITION AND STRIBUTION
OF.
CHAPTER 77.

S. S. B. No. 46.]

An Act to amend Articles 2159, 2164, 2170, 2171, 2174, Title XXXIX, Chapter 25, Revised Civil Statutes.

Be it enacted by the Legislature of the State of Texas:

That Articles 2159, 2164, 2170, 2171, 2174, Title XXXIX, Chapter 25, of the Revised Civil Statutes be so amended as to read as follows: Article, 2159. Upon the return of any such citation served at the return term thereof or at some succeeding term to which the application may be continued, if it shall appear that such citation has been served or published as required by law, the court shall ascertain whether the whole or any part of such property is susceptible of partition, also the value of the property, and that there is a residue of the estate on hand subject to partition and distribution, the court shall proceed to have such residue partitioned and distributed among the persons entitled thereto in the manner hereinafter provided.

Article 2164. If the estate does not consist entirely of money or debts due the estate, or both, the court shall appoint three or more discreet and disinterested persons as commissioners to make a partition and distribution of the estate, unless the court has already determined that the estate is incapable of partition.