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Article 2170. When in the opinion of the court the whole or any portion of the estate is not capable of a fair and equal division among the distributees, the court shall make a special finding in writing specifying therein the property that is so incapable of division and the value of the same as found by it.

Article 2171. Upon such special finding of the court and not less than twenty days after such finding, and before any exception thereto is filed, or after such exception is acted upon by the court any one or more of the distributees, at a regular term of the court, by the payment to the executor or the administrator of the value of the property found by the court, that is incapable of division, shall have the right to take such property.

Article 2174. Any distributee shall have the right to file his exception to said finding within twenty (20) days after the finding of the court, the court shall hear proof of same and if satisfied that its finding is erroneous, it may make such additional or amendatory finding so as to conform to the proof.

SECTION Owing to the crowded condition of the calendar because of the lateness of the session and the many bills pending which would prevent this bill from being read on three several days therefore an emergency and an imperative public necessity exists for the suspension of the constitutional rule for bills to be read on three several days, said rule is hereby suspended, and this Act shall take effect and be in force immediately from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 25, nays 0; and passed the House of Representatives, no vote given.]

Approved April 12, 1905.

Takes effect 90 days after adjournment.

COURTS-REORGANIZING THE THIRTY-SECOND JUDICIAL DISTRICT.

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An Act to reorganize the 32nd Judicial District of Texas and to fix the time for holding Courts, and the terms of the Courts therein, to conform all writs and processes to such changes, to declare an emergency, and to repeal all laws and parts of laws in conflict herewith.

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

SECTION 1. That from and after the going into effect of this Act, the thirty second Judicial district of the State of Texas shall be composed of the following counties, towit: Midland, Martin, Howard, Glasscock, Borden, Nolan, Dawson, Ector, Ward and Mitchell and the unorganized counties of Garza, Andrews, Gaines, Upton, and Crane.

SECTION 2. That the unorganized county of Garza be and the same is attached to Borden for Judicial purposes. That the unorganized Counties of Andrews and Gaines be and the same are hereby attached to Martin

County for Judicial purposes. That the unorganized County of Upton be and the same is hereby attached to Midland County for Judicial purposes, and the unorganized County of Crane is hereby attached to the County of Ector for Judicial purposes.

SECTION 3. The time and the terms of the district court in each of the organized Counties aforesaid, shall be begun and holden as follows:

In the County of Midland on the first Monday in February and September and may continue in session three weeks.

In the County of Martin on the third Monday after the first Monday in February and September and may continue in session two weeks.

In the County of Howard on the fifth Monday after the first Monday in February and September and may continue in session two weeks.

In the County of Glasscock on the seventh Monday after the first Monday in February and September, and may continue in session one week.

In the County of Borden on the eighth Monday after the first Monday in February and September and may continue in session one week.

In the County of Dawson on the ninth Monday after the first Monday in February and September and may continue in session one week.

In the County of Nolan on the 10th Monday after the first Monday in February and September and may continue in session three weeks. In the County of Ward on the thirteenth Monday after the first Monday in February and September and may continue in session two weeks.

In the County of Ector on the fifteenth Monday after the first Monday in February and September and may continue in session two weeks.

In the County of Mitchell on the seventeenth Monday after the first Monday in February and September and may continue in session four weeks.

SECTION 4. That all process, writs, and bonds, issued or executed prior to the taking effect of this Act, and returnable to the terms of said Court as heretofore fixed by law, in the several Counties composing the said district are hereby made returnable to the terms of said court in the several Counties as fixed in this Act; and all process heretofore returned, as well as all bonds and recognizances heretofore entered into in any of said Courts, shall be as valid as if no change had been made in the time of holding said Courts.

SECTION 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Approved April 12, 1905.

Takes effect 90 days after adjournment.

COURTS-FIXING JURISDICTION OF, IN CHAMBERS AND ROBERTS COUNTIES.

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An Act to restore and confer upon the County Courts of Chambers and Roberts Counties, Texas, the civil and criminal jurisdiction heretofore belonging to the said courts under the Constitution and general laws of the State; and to conform the jurisdiction of the district courts of said counties to such change; and to repeal all laws in conflict with this Act.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the county courts of Chambers and Roberts counties shall hereafter have exclusive original jurisdiction in civil cases where the matter in controversy shall exceed in value two hundred dollars and shall not exceed five hundred dollars, exclusive of interest; and shall have concurrent jurisdiction with the district courts of said counties when the matter in controversy shall exceed five hundred dollars and not exceed one thousand dollars, exclusive of interest, but shall not have jurisdiction of suits for the recovery of land.

SEC. 2. Said county courts shall have appellate jurisdiction in civil cases over which justice courts have original jurisdiction when the judgment of the court appealed from shall exceed twenty dollars, exclusive of costs, and said county courts shall have power to hear and determine cases brought up from the justice court by certiorari, under the provisions of the title of the Revised Statutes of the State of Texas relating thereto.

SEC. 3. Said county courts shall have exclusive jurisdiction of all misdemeanors except misdemeanors involving official misconduct, and except cases in which the highest penalty of fine that may be imposed. under the law may not exceed two hundred dollars, in which last excepted cases said county courts shall have original concurrent jurisdiction with the justice court; and said county courts 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. 4. The county judges of said counties shall have authority, either in term time or in vacation, to grant writs of mandamus, injunctions, sequestration, garnishment, attachment, certiorari, supersedeas, and all other writs necessary to the enforcement of the jurisdiction of said courts, and shall have power to issue writs of habeas corpus in all cases in which the Constitution has not exclusively conferred the power on the district court or judge thereof.

SEC. 5. The district courts of said Chambers and Roberts counties shall no longer have jurisdiction of misdemeanors except misdemeanors involving official misconduct, and shall no longer have jurisdiction of cases of which the county courts of said counties, by the provisions of this Act, have original or appellate jurisdiction; and it shall be the duty of the district clerks of said counties, after this Act shall take effect, to make full and complete transcripts of all orders on the criminal and civil dockets in cases then pending before the district courts of said counties, of which cases by the provisions of this Act original or appellate jurisdiction is given to said county courts and to deliver said transcripts, together with the original papers and a certified copy of the bill of costs in each case, to the county clerks of said counties, and said

county clerks shall take charge of said transcripts and papers, file the same, and enter said cases on their said respective dockets for trial by said courts.

SEC. 6. The said county courts shall have the power to hear and determine all motions against sheriffs and other officers of the court for failure to pay over moneys collected under the process of said court, or other defalcations of duty in connection with such process, and shall have power to punish by fine not exceeding one hundred dollars, and by imprisonment not exceeding three days, any person guilty of contempt of said court, and all other powers and jurisdictions conferred on county courts by the Constitution and general laws of this State.

SEC. 7. The county courts of said counties shall hereafter hold their regular terms of civil and criminal business as provided in the Constitution and general laws of the State, and process heretofore issued from the district courts of said counties in cases to be transferred under this Act to the county courts, shall be returnable to the first term of the county courts and all civil cases transferred shall be entered as appearance cases upon the dockets of said county courts.

SEC. 8. All laws and parts of laws in conflict with this Act are hereby repealed.

SEC. 9. The crowded condition of the docket of the district court of Chambers county creates an emergency and an imperative public necessity exists that the constitutional rule requiring bills to be read on. three several days be suspended, and the same is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives, no vote given; it was referred to the Senate, where it was amended and passed by a two-thirds vote, yeas 22, nays 1; the House of Representatives concurred in the Senate amendments by a two-thirds vote, yeas 91, nays 0.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 12th 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.]

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INSURANCE-AUTHORIZING REINSURERS TO DO BUSINESS IN THIS STATE.

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An Act to amend Article 3075, of Chapter 3, Title LVIII, Revised Civil Statutes of the State of Texas, relating to Insurance; providing that re-insurers shall be authorized to do business in the State; and providing for reports by said companies.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 3075, of Chapter 3, Title LVIII, Revised Civil Statutes of

the State of Texas, relating to insurance, be so amended as to hereafter read as follows:

Art. 3075. (1) No fire, fire and marine, marine or inland insurance company doing business in this State shall expose itself to any one risk, except when insuring cotton in bales and grain, to an amount exceeding ten per cent of its paid up capital stock, unless the excess shall be insured by such company in some other solvent insurance company legally authorized to do business in this State.

(2) Every fire, fire and marine, marine or inland insurance company doing business in this State may reinsure the whole or any part of any policy obligation in any other insurance company legally authorized to do business in this State. The Commissioner of Agriculture, Insurance, Statistics and History shall require every year from every insurance company doing business in this State, a certificate sworn to before an officer legally qualified to administer oaths in the State of Texas, to the effect that no part of the business written by such company in this State has been reinsured in whole or in part by any company, corporation, association or society not authorized to do business in this State. Every insurance company doing business shall also furnish the Commissioner of Agriculture, Insurance, Statistics and History with a list of all reinsurances during the year in authorized companies, showing the name, amount and premium effected in each company.

(3) Any insurance company authorized to transact the business of fire, fire and marine, marine and inland insurance in this State failing to comply with the provisions of this Act shall forfeit its authority to do such business for a period of one year, and it is hereby made the duty of the Commissioner of Agriculture, Insurance, Statistics and History to investigate any complaint as to violation of said Act; and upon satisfactory proof that any company authorized to transact the business of fire, fire and marine, marine or inland insurance in this State has violated the provisions of this Act, the said Commissioner shall revoke the certificate of authority of the offending company.

(4) That the Commissioner of Agriculture, Insurance, Statistics and History may upon the payment of license fee of twenty-five dollars, issue to an agent who is regularly commissioned to represent one or more fire, fire and marine insurance companies authorized to do business in this State, a certificate of authority to place excess lines of insurance in companies not authorized to do business in this State; provided, that the party desiring such excess insurance shall first file with the Commissioner. of Agriculture, Insurance, Statistics and History an affidavit that he has exhausted all the insurance obtainable from companies duly authorized to do business in the State.

(5) Before receiving license provided for in Section (4) of this Article, party applying for same shall file with the Commissioner of Agriculture, Insurance, Statistics and History a bond in the sum of one thousand dollars, payable to the Governor of the State, for the faithful observance of the provisions of this Act. Said bond to be approved by the Commissioner, and to be for the benefit of the State of Texas.

(6) Every agent so licensed shall report, under oath, to the Commissioner of Agriculture, Insurance, Statistics and History within thirty

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