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county, shall be returnable to the first term held by said county court after this Act shall go into effect.

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 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 exceceding 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 jurisdiction conferred in county courts by the Constitution and General Laws of the State.

SEC. 10. The said county court of Franklin County, or the judge thereof, may and shall have and exercise any and all such further jurisdiction, original and appellate, in civil and criminal cases, as may be conferred upon said county court or judge, or either of them, by the Constitution of this State, and the laws of this State not in conflict herewith. And the said county court or the judge thereof shall have power and jurisdiction to make and enter and enforce any and all orders, decrees and judgments necessary and proper to carry out the powers by this Act conferred.

SEC. 11. The terms of said court shall commence on the second Monday in January, April, July, and October of each year, and shall continue in session for each term until the business may be disposed of; provided, that the county commissioners court of said county may hereafter change the terms of said court whenever it may be deemed neces

sary.

SEC. 12. All laws and parts of laws in conflict with this Act be and the same are hereby expressly repealed.

SEC. 13. The importance of restoring without delay the jurisdiction of the county court of said county creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and said rule 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 by a two-thirds vote, yeas 107, nays 0; and passed the Senate by a two-thirds vote, yeas 22, nays 0.]

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An Act to amend Article 2939 of the Revised Civil Statutes of the State of Texas, relating to legal holidays.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 2939 of the Revised Civil Statutes of the State of Texas be and the same is hereby amended so as to read as follows:

Article 2939. The first day of January, the twenty-second day of

February, the second day of March, the twenty-first day of April, the third day of June, the fourth day of July, the first Monday in September, and the twenty-fifth day of December of each year, all days appointed by the President of the United States, or by the Governor of this State, as days of fasting or thanksgiving, and every day on which an election. is held throughout the State, are declared holidays, on which all public offices of the State may be closed, and shall be treated and considered as Sunday, or the Christian Sabbath, for all purposes regarding the presenting for payment or acceptance and of protesting for, and giving notice of, the dishonor of bills of exchange, bank checks and promissory notes placed by the law upon the footing of bills of exchange.

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

Approved February 9, 1905.

Takes effect 90 days after adjournment.

RAILROAD COMPANIES-EXTENDING TIME IN WHICH TO
CONSTRUCT RAILROADS.

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An Act for the relief of Railway corporations and belt and suburban Railway companies having charters granted or amended since the first day of January, 1887, and which have failed, or are about to fail, to construct their roads and branches or any part thereof within the time required by law.

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

SECTION NO 1. That the time within which any railway corporation, chartered under the laws of the State of Texas, since the first day of January 1887, or the charter of which has been amended since that date, is required to begin the construction of its road, and construct, and equip and put in good running order, as provided in article 4558, of the Revised Statutes of the State of Texas, and the same hereby is, as to any unfinished portion of such road, extended two years from the taking effect of this Act, and any railway company having been chartered since January 1st, 1887, or the charter of which has been amended since that date, which shall have forfeited its corporate existence or any of its rights and powers, or is about to do so, by reason of the failure to comply with said article 4558, or any part of said article, shall have restored and preserved to it, its corporate existence, and it shall enjoy all of the corporate franchises, property rights and powers held or acquired. by it previous to any cause of forfeiture on account of such failure as aforesaid; provided, that no railway company which shall be revived, or the time extended by virtue of this Act, shall claim or exercise any right of franchise not allowed, granted or permitted to other railway corporations under the laws as now in force in this State, and such railway company as may be revived or time extended by this Act shall comply with the laws of this State now in force pertaining to railway corporations, and the provisions of this Act shall apply, extend to

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and embrace suburban and belt railroads heretofore chartered under the laws of this State.

SECTION 2. Any railway corporation chartered since the first day of January 1887, and which by its original charter, or by amendments thereto, filed since the first day of January 1887, has provided for the locating, constructing and maintaining owning and operating, of any extension or branch line or lines of railway, and which has failed or is about to fail to complete the same or any part thereof, within the time required by law, shall, upon the payment of its franchise tax, be and is hereby restored to, and granted all and singular the rights, privileges and franchises acquired by such original, charter, or by such amendment to its articles of incorporation as if the same were filed and recorded in the office of the Secretary of State on the day of taking effect of this Act, and such corporation shall, upon payment of its franchise tax, be and is hereby authorized to project, complete, construct own and operate any such extensions or branch line or lines of railway under and as provided for in its charter, or in any such amendment to its article of incorporation; provided that such extensions and branch lines of railway shall be by such corporation completed and put in running order at the rate of at least ten miles within one year from the taking effect of this Act, and twenty additional miles for each and every year thereafter until all of the said branch line or lines or extensions so provided for are completed.

SECTION 3. The fact that no good can result to the State from the forfeitures provided against in this Act, and that the public interest and convenience will be promoted, and citizens in many parts of the State have invested in railway enterprises, subject to great loss unless the relief herein provided for be granted, therefore an emergency and imperative public necessity authorizing the suspension of the constitutional rule requiring bills to be read on three several days is created, and it is so suspended, and demanding 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 Senate by a two-thirds vote, yeas 25, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 110, nays 3.]

Approved February 10, 1905.

Became a law February 10, 1905.

THEFT OF ANIMALS-AMENDMENT TO PENAL CODE-FIXING PENALTY.

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An Act to amend Article 883 of Chapter 11 of the Penal Code of the State of Texas, relating to the "Theft of Animals;" and providing a penalty therefor.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 883 of Chapter 11, of the Penal Code of the State of Texas, as revised and adopted in 1895, be and the same is hereby amended so that same shall hereafter read as follows:

Article 883. If any person shall steal any sheep or goat, he shall be punished by confinement in the State penitentiary for not less than two nor more than four years.

Approved February 16, 1905.

Takes effect 90 days after adjournment.

JURY COMMISSIONERS AND JURIES-AMENDING STATUTES RELATING TO.

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An Act to amend Title LXII, Chapters 4, and 5, of the Revised Civil Statutes of the State of Texas, relating to the proceedings of Jury Commissioners in the selection of jurors; providing for enlarging and extending the duties of the said commissioners, limiting the number of times which any citizen may be compelled to answer summons to a special venire facias; dertermining the manner in which notice shall be given, etc. Also amending Title VIII, Chapter 2, of the Code of Criminal Procedure of the State of Texas, so as to conform to the provisions of this act.

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

SECTION 1. That Title LXII, Chapter 4, of the Revised Civil Statutes of Texas, be amended by adding thereto the following.

Article 3159a. The Jury Commissioners shall furthermore select one man for every one hundred of population in any county, or a greater or less number if so directed by the court, and these shall constitute a special venire list, from which shall be drawn the names of those who shall answer summons to the special venire facias, after the Petit Jurors for the term have been drawn on any venire one time during such term, and the drawing of the veniremen from the special venire list shall be done in the same manner as prescribed for other jurors; and no citizen who has served as a petit juror for one week during any term of court shall, during said term be compelled to answer summons to more than one special venire facias; nor shall any citizen be compelled to answer summons to a special venire facias more than twice during any one term of court; provided, that the provisions of this act shall not apply in counties having a population of less than 2000 inhabitants.

SECTION 2. That Title LXII, Chapter 5, of the Revised Civil Statutes of Texas, be amended by adding thereto the following:

Article 3175a. Whenever district court shall have convened and a day shall have been set for the trial of the different capital cases which call for a special venire, the men whose names may have been drawn to answer summons to the venire facias in the different capital cases, shall be immediately notified by the sheriff to be in attendance on the court on the day and week for which they were respectively drawn to serve as veniremen for said day and week, and such notice shall be given at least one day prior to the time when such duty is to be performed, exclusive of the day of service.

SECTION 3. That Title VIII, Chapter 2, of the Code of Criminal Procedure of the State of Texas, be amended by adding thereto the following:

Article 647a. Whenever the names of the persons selected by the Jury Commissioners to do jury service for the term shall have been drawn one time to answer summons to a venire facias, then the names of the persons selected by the said Commissioners, and which form the special venire list, shall be placed upon tickets of similar size and color of paper and the tickets placed in a box and well shaken up, and from this box the clerk in the presence of the judge, in open court, shall draw the number of names required for further venire service, and shall prepare a list of such names in the order in which they are drawn from the box and attach such list to the writ and deliver the same to the sheriff; and it shall furthermore be the duty of the clerk, and he shall prevent the name of any person from appearing more than twice on all of such lists. SECTION 4. All laws and parts of laws in conflict with the provisions of this act shall be and the same are hereby repealed.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 26, nays 1; 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 23d day of February, 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.

TEMPORARY GUARDIANS-AUTHORIZING APPOINTMENT OF, AND REGULATING DUTIES.

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An Act authorizing the appointment of temporary guardians of minors and their estates, regulating their duties and requirements, and the practice in relation thereto.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That whenever it may appear to the County Judge that the interests of any minor and his or her estate, or either, require immediate appointment of a guardian, he shall, either in open court or in vacation, without citation and with or without written application therefor appoint some suitable person temporary guardian of the person of such minor and his or her estate, or either, as the case may be, and the appointment so made may be made permanent as hereinafter provided for.

SECTION 2. The order of the court in making such appointment shall state that unless the same is contested at the next regular term of the court, after service of citation, the same shall be made permanent.

SECTION 3. In case such appointment is contested the court shall hear and determine the same as the law and the facts require, and during the pendency of such contest the person so appointed as temporary guardian shall continue to act as such and in case such appointment is set aside the Court shall require the person so appointed to make out and file in

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