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fixed by the land commissioner, but in no event shall the same be sold at a price less than twenty-five dollars per acre, nor until he has ascertained approximately their value; provided, that no person, firm or corporation or association of persons shall be permitted to locate or file on more than five claims of twenty-one acres within a radius of five miles. This Article shall apply only to the claims filed on land containing the minerals herein named.

Article 3498g. Upon the failure of any one of the several owners to. contribute his proportion of the expenditure required in this title within the necessary time, the co-owner or co-owners who have paid the fees, or interest or principal, may at the expiration of the time in which the payment was to be made and was so made by him, give notice in writing to such defaulting co-owner, or give such notice by publication in a newspaper published in the county where the claim is, if any; if none in such county, then in the newspaper published nearest the mining claim, for at least once a week for ninety days. If after such personal notice in writing or by publication such delinquent shall fail or refuse to contribute his proportion of the expenditure required, his interest in the claim shall cease beyond the amount which he may have previously expended thereon and become the property of his coowners, who may have made the required expenditures. An affidavit by the co-owners of the facts accompanied with the notice given shall, when recorded in the proper county surveyor's office, be sufficient evidence of such delinquency and forfeiture in all interest in such claim. If patent should be applied for on such claim it shall be issued to the owners if the proper evidence of forfeiture of such interest be filed in the land office. This article shall apply only to the claims filed on land containing the minerals named in the preceding article.

Article 34981. If the application and affidavit provided for in Article 3498f are not filed with the proper County Surveyor within ninety days from the date of the first posting and if the application, affidavit, field notes filing fee and obligation are not filed in the Land Office or the first payment is not paid to the State Treasurer within the sixty days. as required in Article 3498f the file and claim thereunder shall be void. If any part of an annual interest or any part of an annual payment of principal remains unpaid for thirty days after it becomes due on any claim, such claims shall be subject to forfeiture by the Commissioner of the General Land Office by an endorsement on the obligation "Forfeited" signed officially by him, and thereupon all payments shall also be forfeited to the fund to which the land originally belonged. All forfeited claims may be reinstated upon written request of one or more owners filed in the Land Office and payment of all interest and principal due; provided, no rights of another has not intervened at date of filing such request in the Land Office. One interested in a claim at the time it was forfeited shall not be eligible to relocate or refile upon the same land for himself or on behalf of any other person, and any such location or attempt to locate by such person shall be wholly void. Whenever any land theretofore covered by a forfeited claim shall be relocated, the locater or locaters and each of them shall make an affidavit that the location is made without any contract or agreement or understanding of any kind; that none of the parties theretofore owning an in

terest in the forfeited claim before the relocation have or is to have any interest in the same under the new location. In all other cases where an affidavit is required by this title it may be made by one or more of the parties cognizant of the facts. This article shall apply only to claims. filed on land containing the minerals named in Article 3498f.

SECTION 2. Article 3498m, Revised Civil Statutes of 1895 is hereby repealed.

SECTION 3. The fact that persons who file on mineral lands containing gold, silver, cinnabar, lead, tin and copper can work them for five years without paying anything to the fund to which the land belongs and then forfeit it without recourse by the State for what may have been taken out of it, and then the same claim may again be filed on and worked another five years without payment, and so on indefinitely until a valuable mineral deposit may be exhausted to the detriment of the fund to which the land belongs creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three separate days be suspended, and that this act be placed upon its third reading and final passage, and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 30, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 105, nays 0.]

Approved April 15, 1905.

Became a law April 15, 1905.

LAW-LICENSE TO PRACTICE BY GRADUATES OF THE UNIVERSITY OF TEXAS.

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An Act to amend Section 7, Chapter 42, of the Acts of the 28th Legislature, entitled "An Act to provide for and regulate the granting of license to practice as Attorney and Counselor at law in all the Courts of the State of Texas, and to repeal all laws and parts of laws in conflict therewith;" approved March 19, 1903.

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

That Section 7, Chapter 42, of the Aets of the Twenty-eighth Legislature, entitled "An Act to provide for and regulate the granting of license to practice as Attorney and Counselor at Law in all the Courts of the State of Texas, and to repeal all laws and parts of laws in conflict therewith," be amended so as to hereafter read as follows:

Section 7. Any person holding a diploma from the Law Department of the University of Texas shall be entitled to a license to practice as an Attorney and Counselor at Law in all the Courts of this State without any further examination, upon presentation to the Clerk of the Supreme Court of the State such diploma within twelve months from the issuance of the same, together with a certificate from the Commissioners Court of the County in which such person resides, showing that such person bears a good reputation for moral character and honorable deportment, that he has resided in such county for at least six months, is at least twenty-one years of age, and such other and further facts as may be

required by the Supreme Court of this State; and the clerk of the Supreme Court of Texas is hereby authorized and empowered to issue said license upon payment of the fee of ten dollars, as required by law; provided, that nothing herein shall be construed to exempt the applicant for license from taking the oath required by law; and, provided further that any diploma issued by said University on a grade less than that prescribed by the Supreme Court for examinations of applicants shall not entitle the holder thereof to such license.

Approved April 15, 1905.

Taxes effect 90 days after adjournment.

IRRIGATION—AUTHORIZING

OPERATION OF RECLAMA

TION ACT OF CONGRESS IN TEXAS IN CERTAIN CASES.

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An Act authorizing the operation of the irrigation reclamation Act of Congres to the State of Texas in certain cases.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That where, in the examination, survey, or construction of any irrigation or reclamation project under the provisions of the Act of Congress approved June seventeenth, nineteen hundred and two, thirty-second statutes, three hundred and eighty-eight, known as the reclamation Act, it shall be found advisable or necessary to irrigate or reclaim lands within limits of the State of Texas, the Secretary of the Interior is hereby authorized to make all necessary examinations and surveys for, and to locate and construct irrigation or reclamation works within said State, and to perform any and all acts necessary to carry into effect the provisions of the reclamation Act as to such lands, subject to all the provisions, limitations, charges, terms and conditions of the said reclamation Act.

SEC. 2. The importance of this Act to the arid portions of the State, and the crowded condition of the calendar create an emergency and an imperative public necessity requiring the constitutional rule which requires bills to be read on three several days be suspended and said rule is hereby suspended and this Act take effect from and after its passage.

[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, no vote given; the House of Representatives concurred in the Senate amendments by a two-thirds vote, yeas 92, nays 1.]

[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.

LUFKIN INDEPENDENT SCHOOL DISTRICT

H. B. No. 627.]

CREATION OF.

CHAPTER 102.

An Act creating the Lufkin Independent School District in Angelina county, Texas, and defining its boundaries; providing for the election of a board of trustees thereof and defining their duties, powers and authority; authorizing said board of trustees to levy, assess and collect a tax of not exceeding twentyfive cents on the $100.00 valuation of all property in said district subject to taxation for the purpose of purchasing or constructing public free school buildings and sites therefor within the district, and for equipping and furnishing the same, and to issue bonds for such purposes; and to levy, assess and collect a tax of not exceeding fifty cents on the $100.00 valuation of such property for maintenance and support of its schools; requiring and providing for elections on the proposition to levy such taxes and issuance of bonds; providing for the assessment and collection of such taxes, and providing for the collection for account of said district of the special tax of twenty cents on the $100.00 valuation of property in said district levied for the years 1904 and 1905, and investing said district and the board of trustees thereof with all the rights, powers, privileges and duties conferred and imposed by general laws upon independent school districts and the boards of trustees thereof formed by the incorporation of a town or village for free school purposes only, under general law.

SECTION 1. Be it enacted by the Legislature of the State of Texas : That the Lufkin Independent School District in Angelina county, Texas, is hereby created and established, including within its limits the following described territory by metes and bounds, as follows, towit: Beginning at a point 3800 varas N. 20 E. from the court house in the town of Lufkin; thence S. 70 E. at 3800 varas a stake for the first corner, from which a red oak 11′′ bears N. 79 E. 2.8 varas, a do. 5′′ bears N. 84 W. 1 vara, a pine 12" bears S. 11 W. 2.5 varas; thence S. 20 W. at 3980 varas cross the T. & L. R. R. at 7600 varas a stake for the second corner, from which a red oak 15" bears N. 32 W. 8.6 varas, a do 14" bears S. 70 E. 6.8 varas; thence N. 70 W. at 7600 varas a stake for the third corner, from which a black jack 10′′ bears S. 26 E. 6.5 varas, a cedar 4" bears N. 41 W. 4.8 varas; thence N. 20 E. at 7600 varas a stake for the fourth corner, from which a pine 16′′ bears N. 77.5 W. 4 varas, a do. 16" bears S. 16.5 W. 5.6 varas; thence S. 70 E. at 3800 varas to the place of beginning, the same being just east of the Houston East and West Texas Railroad.

SEC. 2. The management and control of the public free schools within said Lufkin Independent School District is hereby vested in a board of trustees, which shall be composed of seven persons, resident citizens and qualified voters within said district, and each member of said board of trustees shall, before entering upon the discharge of his duties as such, swear that he will faithfully and impartially discharge the duties of such office, and his affidavit to that effect shall be filed, after the first election under the provisions of this Act, with the county judge, and after all such subsequent elections with the President or Chairman of the school board.

SEC. 3. The board of trustees of the said Lufkin Independent School District shall be a body politic and corporate in law, and, as such, may contract and be contracted with, sue and be sued, plead or be impleaded in any court of this State, of proper jurisdiction, and

may receive any gifts, grant, donation or devise for the use and benefit of the public schools in said district.

SEC. 4. The board of trustees of said district shall manage and control the public free schools within said district to the exclusion of every other authority, except in so far as the State Superintendent of Public Instruction and the State board of Education may be vested with general supervisory authority as provided by general law.

SEC. 5. Vacancies in the board of trustees shall be filled, for the unexpired term, by a vote of a majority of the members continuing in office. The first election for trustees under the provisions of this Act, shall be held on the first Saturday in May, 1905. The terms of office of the seven trustees chosen at the first election under this Act shall be divided into two classes, and the members shall draw for the different classes, and the four members drawing the numbers one, two, three and four shall serve for one year, that is until the first Saturday in May, 1906, and until their successors are elected and qualified; and the three members drawing the numbers five, six and seven, shall serve for two years, that is until the first Saturday in May, 1907, and until their successors are elected and qualified; and regularly thereafter on the first Saturday in May of each year, four trustees and three trustees, alternately, shall be elected to succeed time trustees whose terms shall at that time expire.

SEC. 6. The first election of trustees to be held under this Act shall be ordered by the county judge of Angelina county, Texas, and notice of said election shall be given by publication one time in a newspaper published in said district at least ten days prior to sid election; and all subsequent elections shall be ordered by the board. of trustees of said district at least twenty days prior to said election, and the secretary of said board shall publish notice of such election in some newspaper published in said district, and shall cause notice of caid order to be posted at three different places in the district, and said elections shall be conducted as provided by general law for the election of school trustees in Independent School Districts.

SEC. 7. The trustees elected under this Act shall meet within twenty days after the election, or as soon thereafter as possible, for the purpose of organizing. A majority of the board shall constitute a quorum to do business; and they shall choose from their number a president; and they shall choose a secretary, treasurer, assessor and collector of taxes, and other necessary officers and committees. The treasurer shall be required to give bond in double the estimated amount of the receipts coming annually into his hands. Said bond shall be made payable to the president of the board, or to his successors in office, and be approved by the board of trustees, conditioned for the faithful discharge of his duties and the payment of the funds received by him, upon the draft of the president, drawn upon order, duly entered, of the board of trustees; and he shall be entitled to retain as commissions for his services as such treasurer not exceeding one per cent of all funds coming into his hands, as ordered by the board; or the board may appoint as treasurer the person who offers satisfactory bond as herein provided, and the best bid of interest on average daily balance for the privilege as acting as such treasurer.

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