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appointed. In case of vacancy occurring in said board by resignation, removal from the State, or by death, such vacancy may be filled for its unexpired term by the Governor.

SECTION 5. Before entering upon the duties of his office each and every member of this board shall make oath before any officer authorized to administer an obligation who shall be empowered to use a seal of office, that he will faithfully discharge the duties incumbent upon him to the best of his ability. The same shall be filed for record with the county clerk in which affiant resides. The county clerk shall receive for recording the same fifty cents.

SECTION 6. Said board shall keep a record in which shall be registered the names and residences or places of business of all persons authorized under this title to practice dentistry or dental surgery in this State. It shall elect one of its members president and one secretary thereof, and it shall meet at least once in each year, and as much oftener and at such times and places as it may deem necessary. A majority of the members of said board shall constitute a quorum, and the proceedings thereof shall be open to the public.

SECTION 7. Any person desiring to commence the practice of dentistry or dental surgery within this State after the passage of this Act, shall before commencing such practice make application to said board, and upon undergoing a satisfactory examination before said board, shall be entitled to a certificate from said board granting such person the right. to practice dentistry or dental surgery within this State.

SECTION 8. Any member of said board may, when the board is not in session, grant a license to practice dentistry to any person whom such member finds on examination to be qualified, on the payment of two dollars by such person. A license so granted shall be valid until the next meeting of the board but no longer. Each member shall make a report of license so granted by him, at the meeting of the board following the granting of the license. A member shall not grant a license under the provisions of this Article to one who has been rejected by the board as disqualified.

SECTION 9. Every person to whom license is issued by said board of examiners shall within thirty days from the date thereof, present the same to the clerk of the county in which he or she resides or expects to practice, who shall officially record said license in his office book provided for that purpose, and shall be entitled to a fee of fifty cents for his services.

SECTION 10. Said board shall have power, when it shall be made to appear to said board by satisfactory evidence from credible witnesses that any person who has been granted a certificate to practice dentistry or dental surgery, has been convicted of a felony, or who has been guilty of any fraudulent or dishonorable conduct or malpractice, or such conduct involving fraudulent or dishonorable conduct or malpractice, to revoke his or her license to practice dentistry or dental surgery in this State; provided, that the license of no person shall be so revoked by said board without first notifying such person of the charges preferred against him or her and citing him or her to appear before said board upon some day certain at a regular meeting of said board; and provided further, that no charge shall be considered against any person unless the same

shall have first been made in writing and subscribed and sworn to by some credible person and filed with the secretary of said board, who shall furnish a copy of the same to the party so accused at least ten days before the meeting of the board at which the same is to be considered.

SECTION 11. To provide for the proper and effective enforcement of this Act, said board of examiners shall be entitled to a fee of twenty-five dollars from each applicant examined, which said sum shall accompany the application, and which sum shall in no event be refunded to the person examined.

SECTION 12. The members of said examining board shall receive the compensation of five dollars per day for each day actually engaged in the duty of their office, which together with all other legitimate expenses incurred in the performance of such duties, shall be paid from the fees. received by the board under the provisions of this title; and no part of the expenses of said board shall at any time be paid out of the State treasury. All moneys in excess of said per diem allowance and other expenses shall be held by the secretary of the said board as a special fund for meeting the expenses of said board, he giving such bond as the board may from time to time direct, and said board shall make an annual report of its proceedings to the Governor by the fifteenth day of December of each year, together with an account of all moneys received and disbursed by them in the pursuance of this title.

SECTION 13. Any person who shall violate this Act by practicing or attempting to practice dentistry or dental surgery within this State without first complying with the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum of not less than twenty-five nor more than three hundred dollars for each and every offense, each day in the practice constituting an offense. All fines collected from prosecutions under this law shall be appropriated to the common school funds in the county where collected.

SECTION 14. Any person or persons who shall violate this Act by extracting teeth, or performing any other operation pertaining to dentistry for the purpose of advertising, exhibiting, or selling any medicine, instrument, or business of any kind or description, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum of not less than twenty five nor more than three hundred dollars for each and every offense.

SECTION 15. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SECTION 16. The near approach of the end of the session the crowded condition of the docket, the great importance to the people for an amendment to the dental law, creates an emergency and imperative public necessity requiring the rule requiring bills to be read on three several days be suspended, and that this bill be in force from and after its passage, 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 14th 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.

COURTS-FIXING JURISDICTION OF, IN SABINE COUNTY.
H. B. No. 615.]
CHAPTER 98.

An Act to confer upon the county court of Sabine county the civil and criminal jurisdiction heretofore belonging to said court under the Constitution and general statutes of the State of Texas; to define the jurisdiction of said court; to conform the jurisdiction of the district court of said county to such change; to fix the time of holding court; to repeal all laws and parts of laws in conflict with this Act; and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas : That the county court of Sabine county shall hereafter have exclusive original jurisdiction in civil cases wherein the matter in controversy shall exceed in value two hundred dollars and shall not exceed five hundred dollars, exclusive of all interest, and shall have concurrent jurisdiction with the district court of said county when the amount in controversy shall exceed five hundred dollars and shall not exceed one thousand dollars, exclusive of interest.

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

SEC. 3. The county judge of said county shall have authority, either in term time or vacation, to grant writs of injunction, sequestration, mandamus, garnishment, attachment, certiorari, supersedeas, and all other writs necessary to the enforcement of the jurisdiction of said court, and shall also 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. 4. That said court shall have and exercise the general jurisdiction of a probate court; 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 pertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis, and common drunkards, including the partition, settlement and distribution of estates of deceased persons; and to apprentice minors as provided by general law and to issue all writs necessary for enforcement of its jurisdiction, orders and decrees.

SEC. 5. Said county court shall have jurisdiction in the forfeiture and judgment of all bonds and recognizances taken in criminal cases of which said court has original or appellate jurisdiction.

SEC. 6. Said county court shall have exclusive original jurisdiction of all misdemeanors, except misdemeanors involving official misconduct, and except misdemeanors in which the highest penalty that may be imposed by law is a fine that does not exceed two hundred dollars; and said court shall have concurrent jurisdiction with that of the justice of the peace in criminal cases, and appellate jurisdiction with trial de novo in criminal cases in which the justices of the peace and other inferior tribunals of said county have original jurisdiction.

SEC. 7. The district court of said county shall no longer have jurisdiction of misdemeanors, except misdemeanors involving official misconduct, and shall no longer have jurisdiction of cases of which the county court of said county by provisions of this Act has original or appellate jurisdiction.

SEC. 8. It shall be the duty of the district clerk of said county, within thirty days after this Act shall take effect, to make full and complete transcripts of orders in cases on the criminal and civil dockets then pending before the district court of said county, of which cases by the provisions of this Act original and appellate jurisdiction is given to the said county court, and to deliver said transcripts, together with the original papers and a certified bill of costs in each case, to the county clerk of said county, and the said county clerk shall file the same and enter said cases as appearances on the respective dockets for trial by said court.

SEC. 9. The said county court shall also have the power to hear and determine all motions against sheriffs and other officers of the court for failure to pay over money collected under process of said court, or other defalcations of duty in connection with said process, and shall have power to punish by fine not exceeding one hundred dollars, and by imprisonment in the county jail 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. 10. The terms of said court shall commence on the second Monday in January, and on the second Monday in April, and on the second Monday in July, and on the second Monday in October of each year, and may continue in session for three weeks each term; provided, that the county commissioners court of said county may thereafter change the term of said court whenever it may be deemed necessary.

All laws and parts of laws in conflict with this Act be, and the same are hereby repealed.

SEC. 12. The importance of restoring the jurisdiction of the county court of said county, to the end that pending and further litigation may be disposed of without delay, creates an emergency and an imperative public necessity that the rule requiring bills to be read on three several days be suspended, and the said rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is hereby so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives, no vote given; and passed the Senate by a two-thirds vote, yeas 24, nays 0.]

[NOTE. The foregoing act was presented to the Governor of Texas

for his approval on the 14th 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.

LANDS-MINERAL, RELATING TO SALE OF.

S. B. No. 185.]

CHAPTER 99.

An Act to amend Articles 3498f, 3498g and 34981, and to repeal Article 3498m, Revised Civil Statutes of Texas, relating to the sale of mineral land.

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

SECTION 1. Articles 3498f, 3498g and 34981 of the Revised Civil Statutes of 1895 be so amended as to hereafter read as follows, to-wit: Article 3498f. The locater shall, within three months after the date of posting the required notice, file with the county surveyor of the county in which the land or a part thereof is situated an application in writing for the survey of the claim, giving the name of the claim and such designation of its boundaries and location as to enable the surveyor to identify the land. The application shall be accompanied by a fee of twenty dollars, unless its tender is waived, and also with an affidavit attached thereto that the applicant has found valuable minerals, stating the kind, on the claim, also the date of the first posting of the notice on the claim by the applicant and that the notice has not been post dated nor changed in its date. Upon receiving the application and affidavit and fee the surveyor shall record the application and affidavit and shall forthwith proceed to survey the claim. After the field notes are recorded and a plat of the survey is made by the surveyor he shall deliver the application and affidavit together with the field notes and plat to the applicant or his agent, who shall forward same to the commissioner of the general land office with one dollar as a filing fee. When the applicant forwards the papers aforesaid to the commissioner he shall at the same time forward to the State treasurer one-fifth of the aggregate price of the land as the first payment thereon. The applicant shall also file in the land office with his other papers his obligation to the State for the remaining unpaid purchase money, binding himself to pay to the State of Texas at the State treasury in Austin, Texas, one-fifth of the unpaid purchase price, together with four per cent interest annually after the date of the filing of said papers in the land office, and until the entire purchase price and interest are fully paid. The papers aforesaid shall be filed in the land office within sixty days from the date the application was filed with the county surveyor, and not thereafter. The fee of twenty dollars shall cover all charges by the surveyor in connection with any one claim. A claim filed on under this title for gold, silver, cinnabar, lead, tin or copper, zine, tungsten, molybdenum and uranium may be paid out in full at any time within five years from the date the papers were filed in the land office. All mineral lands shall be sold at such price as may be

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