Imágenes de páginas
PDF
EPUB

tax. The amount of the inspection tax and penalties received by said director shall be paid into the State treasurer. So much of the inspection tax and penalties collected under this act shall be paid by the State Treasurer to the treasurer of the Texas Agricultural and Mechanical College, as the director of the Texas Agricultural Experiment Station may show by his bills has been expended in performing the duties required by this Act, but in no case to exceed the amount of the inspection tax and penalties received by the State Treasurer under this act.

SECTION 6. Any manufacturer, importer, agent or person selling, offering or exposing for sale any concentrated commercial feeding stuff as defined in Section 3 of this act without the statement required by Section 1 and the tax tag required by Section 5 of this act, or with a label stating that said feeding stuff contains substantially a larger percentage of either of the constituents mentioned in Section 1 of this act is contained therein, shall on conviction in a court of competent jurisdiction, be fined not less than one hundred dollars nor more than five hundred dollars for the first offense, and not less than five hundred dollars nor more than one thousand dollars for each subsequent offensc. The sale or offering for sale of each package shall constitute a separate offense.

SECTION 7. Any person who shall counterfeit or use a counterfeit of the tag or tags prescribed by this Act, knowing the same to be counterfeited, or who shall use them a second time after the said tags shall have been once attached shall be guilty of a misdemeanor, and on conviction thereof, shall be fined in a sum, not exceeding five hundred ($500.00) dollars, one-half of which fine shall be paid to the informer; which fine may be doubled or tripled at each second or third conviction, and so on progressively for subsequent convictions.

SECTION 8. All manufacturers and importers of concentrated commercial feeding stuffs, or dealers in same, shall, when requested, furnish the director of the Texas Experiment Station with a complete list of names or trade-marks of such feeding stuffs.

SECTION 9. The director of the Texas Agricultural Experiment Station shall cause one analysis or more to be made annually of each concentrated commercial feeding stuff sold or offered for sale under the provisions of this act. Said director is hereby authorized in person or by deputy to take a sample not exceeding two pounds in weight for analysis from any lot or package of concentrated commercial feeding stuff which may be in the possession of any manufacturer, importer, agent, dealer or buyer in this State; but said sample shall be drawn or taken in the presence of said party or parties in interest or their representatives, and shall be taken from a parcel, lot or number of parcels which shall not be less than five per cent of the whole lot inspected and shall be thoroughly mixed and divided into two samples and placed in glass or metal vessels carefully sealed and a label placed on each stating the name or brand of the feeding stuff or material sampled, the name of the party from whose stock the sample is drawn and the date and place of taking such sample, and said label shall be signed by the director or his deputy and the party or parties at interest, or their represenative present at the taking and sealing of said sample; provided, that where the party or parties at interest refuse to be present and take part in the sam

pling of the said feed stuffs, the director or his deputy may take said samples in the presence of two disinterested witnesses, one of said duplicate samples shall be retained by the director and the other shall be left with the party whose stock was sampled, and the sample or samples retained by the director shall be for comparison with the certified statements made in Section 1 and 4 of this Act. The result of the analysis of the sample or samples so prescribed, together with such additional information as circumstances advise, shall be published in reports or bulletins by the Texas Agricultural and Mechanical College from time to time.

SECTION 10. The term importer for all the purposes of this Act shall be taken to mean all such persons as shall bring into or offer for sale within this State concentrated commercial feeding stuffs manufactured without this State.

SECTION 11. No foreign mineral substance, saw-dust, dirt or other indigestible substance or other foreign material or substance, milling or manufacturing offal, injurious to the health of domestic animals, shall be mixed with any feeding stuffs or any material or materials from which they are manufactured, sold or offered or exposed for sale in the State. Every person violating Section 11 of this Act shall upon conviction thereof be punished by a fine of not less than one hundred nor more than five hundred dollars, or by imprisonment in the county jail for a term not less than thirty days and not more than sixty days, or by both such fine and imprisonment.

SECTION 12. Whereas there is now no law regulating the sale of concentrated commercial feeding stuffs defining concentrated feeding stuffs prohibiting their adulteration and the materials from which they are manufactured and providing for the collection of samples, the expenses of the enforcement of the law and fixing penalties for its violation, the crowded condition of the docket, the near approach of the session creates an emergency and a pulic domain requiring the rule providing for bills to be read on three several days to be suspended and that this bill be placed upon its third reading and final passage. This Act shall take effect and be in force from and after its passage.

[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 15th 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.

CORPORATIONS-RELATING TO TERMINAL RAILWAY COM

S. S. B. No. 66.]

PANIES.

CHAPTER 109.

An Act to amend Section 53, Article 642, Chapter 2, Title 21, of the Revised Statutes of Texas.

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

[ocr errors]

SECTION 1. That Section 53, of Article 642, Chapter 2, Title 21, of the Revised Civil Statutes, be so amended as to hereafter read as follows: Section 53. The construction, maintenance and operation of terminal railway companies, and said terminal companies in addition to the rights conferred by law upon corporations generally shall have and exercise all rights and powers conferred upon railroad companies by Chapters 8 and 9, of Title 94, of the Revised Statutes of Texas, relating to railroads; but no such terminal company shall have the right to charge any railroad for terminal facilities beyond what may be prescribed by the Railroad Commission, and no such terminal company shall have any one of its tracks more than twenty miles in length; providing that a corporation formed hereunder shall issue no stocks or bonds, except such as are authorized by the Railroad Commission under the provisions of the Stock and Bond law of this State.

SECTION 2. The fact that there is now no law conferring sufficient powers upon terminal railway companies to authorize them to acquire proper trackage to meet public demands, creates an emergency and an imperative public necessity that the constitutional rule requiring all bills to be read upon three several days before final passage be suspended, and the rule is hereby suspended, and that this bill 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 24, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 96, nays 1.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 15th 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.]

Became a law May 9, 1905.

DRAINAGE

S. B. No. 67.]

DISTRICTS-AUTHORIZING

MAINTENANCE OF.

CHAPTER 110.

CREATION AND

An Act to authorize the commissioners' courts of the several counties to create and establish drainage districts which may be included within one or more adjoining counties; to construct canals and waterways for the purpose of drainage; to order elections for the purpose of voting and authorizing the issuance of bonds, and to issue the same in payment for such improvements; the levying and collection of taxes for the discharge and cancellation thereof; the election of trustees for such districts; granting the powers of condemnation; and generally authorizing the commissioners' courts and district trustees to do such things as shall be necessary to the establishing and maintaining of good and efficient drainage systems in such districts, or in aid thereof, as is authorized by the constitution and the provisions of this Act; and declaring an emergency.

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

SECTION 1. The county commissioners' court of the several counties of this State may hereafter establish drainage districts in their respective counties, and such districts may be included in any county, or in any number of adjoining counties, and may or may not include within their boundaries and limits, villages, towns and municipal corporations or portions thereof. Such districts when so established may, under the direction of the commissioners' court, or the district trustees construct and maintain canals, drains and waterways for the purpose of drainage, or in aid thereof, to hold elections for the purpose of voting bonds and to issue bonds in payment therefor, which shall never be in amount greater than that of one-fourth of the assessed value of the real property of said district; and generally to do such things as shall be necessary to the completion and maintaining of a good and efficient drainage system in such district or districts, as authorized by the Constitution of the State of Texas and the provisions of this Act. This Act shall be cumulative of and additional to all other general laws upon the subject of drainage, not in conflict herewith.

SECTION 2. That upon the petition of fifty, or a majority of the resident property tax payers of any county in this State, whose land shall be affected thereby, to the County Commissioners' Court of any county, the Commissioners Court shall thereafter have power at any regular or special session to create a drainage district within such county; and when the same shall appear to be for the public health, benefit, or utility of such proposed drainage district, may authorize the said district or districts to construct and maintain drainage canals and ditches with laterals, spurs, branches, inlets and outlets within such proposed district or districts; provided, that in all cases of such proposed improvements, provisions shall be made for the. disposal, final discharge and outlet of all waters that may be collected within such canal, streams, ditches and drains to be so made, constructed or improved.

SECTION 3. Such petition shall be filed with the clerk of the county court of such county and shall set forth the necessity of such proposed drainage district, including the proposed boundaries thereof, the initial point, route and terminous of such drains and the probable cost thereof. The Commissioners' Court shall at its first session, either regular or special, after the filing thereof, or if the same be filed during the session,

at once appoint a jury of three freeholders of the county, not kin to any of the petitioners therein, who shall constitute a jury of view. Such jury of view shall meet at a time and place specified by said court, and shall at such time as directed proceed with the County Surveyor, or any other civil engineer appointed by the said court, to make an accurate survey of the proposed district and dráin course for the purpose of ascertaining the advisability of such improvements and estimating the cost thereof. And said jury of view and engineers shall make report thereof to the said Commissioners' Court with a profile and map of the territory included, showing each parcel of land benefited and to be affected by such improvements within such proposed district, except that when a town, village or municipal corporation or a part thereof be included, any recognized map thereof may be filed, giving the number of estimated acres in each tract and the names of the owners thereof as far as they be able to ascertain by reasonable inquiry and search of the public records. And to further report as to the public utility and advisability of such proposed improvements. Such report together with the maps and records thereof, shall be filed in the office of the clerk of the County Court and become a public record therein and shall be preserved. as such.

SECTION 4. All resident land owners of such proposed district shall be notified by the clerk of said court in writing or otherwise, as may be directed by the County Commissioners' Court, of the substance of the report of said jury of view, and shall be notified ten days in advance of the time and place when the same shall be acted upon by said Commissioners' Court, except that when a town or municipal corporation, or a portion thereof, is included in such district, publication for five days. prior to the ten days of notice herein required, in any newspaper published therein, shall be deemed sufficient notice thereof to all persons residing in said town, village or municipal corporation, of such action. And all persons and corporations whose lands may be affected by such improvements shall have the right to appear before said Commissioners Court and to be heard upon all matters pertaining thereto, and if dissatisfied with the action taken by said Commissioners Court, shall file objections thereto in writing which shall become a part of the records in such case, and a failure to make such objections or a failure to make a claim in writing for damages or compensation shall be deemed and held as a waiver of right and of all objections thereto. At the time set for the hearing of said petition and report of jury of view, the Commissioners Court shall hear and determine all remonstrances and objections thereto, and if it be found that such proposed improvements shall be for the public health, convenience, benefit or utility of such proposed district, they shall enter an order on the minutes establishing the same, either as specified in the petition or in the report, and shall order said district to be established and the improvements to be constructed according thereto, or according to a further and more fully particularized report and survey to be made thereafter under the direction of said court, or the board may dismiss the petition and tax the costs already accrued against the said petitioners, in whole or in part, as the justice of the case may require, and the collection thereof may be enforced as hereafter provided for as to other and additional costs.

« AnteriorContinuar »