court, under oath, a complete exhibit of the condition of such minor's estate and what disposition, if any, he has made of the same, or any portion thereof.

SECTION 4. Such appointments shall not take effect until the person so appointed has taken the oath and given bond as required by law. SECTION 5. Immediately after such appointment so made, it shall be the duty of the clerk of the court to issue citation, which shall state the name of the person appointed, and when so appointed, and the name of the minor, or minor's estate, or both, as the case may be, and shall cite all persons interested in the welfare of such minors to appear at the term of court named in such citation, and contest such appointment, if they so desire; and that, if such appointment is not contested at the term. of court so named in the citation, then the same shall become permanent.

SECTION 6. That all of the provisions of "Title 51" of the Revised Civil Statutes of the State of Texas, relating to the guardianship of the persons and estates of minors, shall apply to temporary guardianship of the persons and estates of minors in so far as the same are applicable, and not inconsistent with any of the provisions of this act.

[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.

STENOGRAPHERS-APPOINTMENT AND SALARY OF, IN COURTS OF CIVIL APPEALS.

An Act to amend Article 1012, Title 27, Chapter 14, Revised Civil Statutes of 1895, as amended by Act approved April 17, 1899, of the Twenty Sixth Legislature, regular session relating to the employment of stenographers by the Courts of Civil Appeals.

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

SECTION 1. That Article 1012, Title 27, Chapter 14, of the Revised Civil Statutes of 1895, as amended by Act approved April 17th 1899, be so amended as to hereafter read as follows:

Article 1012. Each Court of Civil Appeals shall be authorized to appoint one stenographer, who shall be a typewriter, who shall discharge. such duties as may be required by the Court, shall be sworn to keep secret all matters which may come to his knowledge as such stenographer and typewriter, and who shall receive a salary of nine hundred dollars per annum, and shall give bond with two or more sureties in the sum of two thousand dollars, to be approved by the presiding judge of said court, payable to the State of Texas, conditioned for the faithful performance of his duties as such stenographer and typewriter.

SECTION 2. This Act shall go into effect and be in operation from and after January 1st, 1906.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 24, nays 0; and passed the House of Representatives, yeas 89, nays 23.]

Approved February 24, 1905.

Takes effect January 1, 1906, by expressed provision.

HABEAS

CORPUS-SUPREME COURT-AUTHORIZED TO

S. B. No. 36.]

ISSUE WRIT.

CHAPTER 17.

An Act to authorize the Supreme Court, and the several justices thereof, to issue writs of habeas corpus in certain cases.

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

SECTION 1. The Supreme Court of Texas, or any one of the justices thereof, shall have power, either in term time or vacation, to issue writs of habeas corpus in all cases where any person is restrained in his liberty by virtue of any order, process or commitment, issued by any court or judge, on account of the violation of any order, judgment or decree, theretofore made, rendered or entered by such court or judge in any civil cause, and said Supreme Court or any one of the justices thereof, shall have power either in term time or vacation, pending the hearing of the application for such writ, to admit to bail any person to whom the writ of habeas corpus may be so granted."

SECTION 2. The fact that there is now no law as contemplated by the constitution, authorizing the supreme court and the justices thereof, to grant writs of habeas corpus and inquire into the correctness and legality of the ruling in civil cases of the lower courts and judges in imposing fines or imprisonment for the violation of orders, judgments and decrees of such courts and judges, creates an emergency and an imperative public necessity 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 Senate by a two-thirds vote, yeas 26, nays 0; and passed the House of Representatives by the following vote, yeas 92, nays 8.]

Approved February 24, 1905.

Became a law February 24, 1905.

NEW TRIAL-AMENDING STATUTE CONCERNING MO

S. B. No. 37.]

TIONS FOR.

CHAPTER 18.

An Act to amend Title 30, Chapter 17, Article 1371 Revised Civil Statutes of Texas, providing for the amendment of motions for new trials, for hearing certain evidence thereon, and prescribing when new trials may be granted, and also in regard to contempt proceedings.

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

That Title 30, Chapter 17, Article 1371, Revised Civil Statutes of Texas be so amended as to read as follows.

Article 1371. Every such motion shall be in writing and signed by the party or his attorney, and shall specify the ground upon which it is founded, and may be amended under leave of the Court, and no grounds. other than those specified shall be heard or considered. Where the ground of the motion is on account of misconduct of the jury or the officer in charge or because of any communication made to the jury, or because the jury received other testimony the court shall hear evidence thereof, and it shall be competent to prove such facts by the jurors or others, by examination in open court; and if the misconduct proven, or the testimony received, or the communication made be material a new trial may in the discretion of the court be granted.

[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.]

Approved February 24, 1905.

Takes effect 90 days after adjournment.

FRANCHISE TAX-AMENDING STATUTES IMPOSING SAME ON DOMESTIC AND FOREIGN CORPORATIONS.

An Act to amend Articles 5243i and 5243j of an Act entitled "An Act to amend Articles 52431, 5243j, and 5243k of an Act entitled 'An Act to amend Articles 5243e, 5243i, 5243j and 5243k of Chapter 9, Title 104 of the Revised Civil Statutes relating to the taxation of insurance, telephone, sleeping and dining. car and other corporations, and to provide for forfeiting the charters of domestic corporations and permits of foreign corporations to do business in this State for failure to pay the franchise tax levied by this Act, and to define and prescribe the notice to be given to said corporations previous to said forfeiture, and to provide adequate penalties for a violation of this Act,' passed at the present session and approved April 30th, 1897," same being Chapter 120 of the General Laws of the State of Texas, passed at the regular Session of the Twenty-fifth Legislature, in relation to the amounts of the annual franchise tax on domestic and foreign corporations, and the method of computing same, and the enforcement of the payment of such tax.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Articles 5243i and 5243j of an Act entitled "An Act to amend Articles 52431, 5243j, and 5243k of an Act entitled 'An Act to amend Articles 5243e, 52431, 5243j and 5243k, of Chapter 9, Title 104, of the

Revised Civil Statutes, relating to the taxation of insurance, telephone, sleeping and dining car and other corporations, and to provide for forfeiting the charters of domestic corporations and permits of foreign corporations to do business in this State, for failure to pay the franchise tax levied by this act, and to define and prescribe the notice to be given to said corporations previous to said forfeiture, and to provide adequate penalties for a violation of this Act,' passed at the present session, and approved April 30th, 1897," said Act being Chapter 120 of the General Laws of the State of Texas, passed at the Regular Session of the 25th Legislature, be amended so as to hereafter read as follows:

Art. 52431. Each and every private domestic corporation heretofore chartered, or that may hereafter be chartered, under the laws of this State shall, on or before the first day of May of each year, pay to the Secretary of State the following franchise tax for the year following, to-wit: One dollar on each two thousand dollars or fractional part thereof, of the authorized capital stock of the corporation, up to and including one hundred thousand dollars, and one dollar on each ten thousand dollars or fractional part thereof of such stock in excess of one hundred thousand dollars and up to and including one million dollars; and one dollar on each twenty thousand dollars or fractional part thereof of such stock in excess of one million dollars, and up to and including ten million dollars; and one dollar on each fifty thousand dollars or fractional part thereof of such stock in excess of ten million dollars; but such tax shall not be less than ten dollars in any case. And each and every foreign corporation heretofore authorized, or that may hereafter be authorized, to do business in this State, shall, on or before the first day of May of each year, pay to the Secretary of State the following franchise tax for the year following, to-wit: One dollar on each one thousand dollars or fractional part thereof of the authorized capital stock of the corporation up to and including one hundred thousand dollars; and one dollar on each five thousand dollars or fractional part thereof of such stock in excess of one hundred thousand dollars, and up to and including one million dollars; and one dollar on each twenty thousand dollars or fractional part thereof of such stock in excess of one million dollars, and up to and including ten million dollars; and one dollar on each fifty thousand dollars of such stock in excess of ten million dollars; but such tax shall not be less than twenty-five dollars in any case. Whenever a corporation is chartered or authorized to do business in this State, it shall pay the proportional part of such annual franchise tax corresponding to the length of time before the next following first day of May, and if such tax be not then paid, no such charter shall be filed or permit issued. The franchise tax herein provided for shall be computed upon the basis of the total amount of the capital stock issued and outstanding, plus the surplus and undivided profits of the corporations, instead of upon the authorized capital stock, whenever such total amount is different from the authorized capital stock. Affidavit of the head of the corporation and secretary thereof to these facts may be filed with the secretary of State, or may be required whenever in his judgment the same is necessary to protect the interests of the State. Any corpora

tion, either domestic or foreign, which shall fail to pay the tax provided for in this Article at the time specified herein shall immediately become liable to a penalty of twenty-five per cent on the amount of the tax due by it, and if the amount of said tax and penalty be not paid in full on or before the first day of July thereafter, such corporation shall, for such default, forfeit its right to do business in the State, which forfeiture shall be consummated without judicial ascertainment, by the Secretary of State entering upon the margin of the ledger kept in his office relating to such corporation the word "Forfeited," giving the date of such forfeiture; and any corporation whose right to do business may be thus forfeited shall be denied the right to sue or defend in any of the courts of this State, and in any suit against such corporation on a cause of action arising before such forfeiture, no affirmative relief may be granted to such corporation unless its right to do business is revived, as provided in Article 5243j. All insurance, surety, guaranty and fidelity companies, all transportation companies, and all sleeping, palace and dining car companies now paying an annual income tax on their gross receipts in this State shall be exempted from the franchise tax above imposed.

Art. 5243j. The Secretary of State shall, during the month of May of each year, notify each private domestic and foreign corporation subject to a franchise tax under any law of this State, which has failed to pay such tax on or before the first day of May, that unless such defaulted tax, together with the penalty thereon, be paid on or before the first day of July following, its right to do business in the State will be forfeited without judicial ascertainment. Such notice may be either written or printed, and shall be mailed to the postoffice named in its articles of incorporation as the principal place of business of such corporation, or to any other known place of business of such corporation, addressed in its corporate name, and a record of the date of mailing shall be kept by the Secretary of State. Such notice and the said record thereof shall constitute legal and sufficient notice for all the purposes of this Act. Any corporation whose right to do business may have been thus forfeited, shall be relieved from such forfeiture by paying to the Secretary of State, at any time within six months. after its forfeiture, the full amount of the franchise tax and penalty due by it, together with an additional amount of five per cent of such tax (in no case to be less than five dollars) for each month or fractional part of a month which shall elapse after such forfeiture. When such tax and all such penalties are fully paid to the Secretary of State, he shall revive and re-instate the right of the corporation to do business, by canceling the word "Forfeited" from his ledger, and substituting therefor the word "Revived," giving the date of such revival. But nothing in this Act shall be construed to repeal any law prescribing fees to be collected by the Secretary of State, provided the provisions of this Act shall not apply to corporations having no capital stock organized for the exclusive purpose of promoting the public interest of any city or town.

SEC. 2. The near approach of the time (March 1) on or before which, by existing law, notices of the franchise tax must be sent out, and the growing deficit in the State treasury, create an imperative