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, 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. COURTS-REGULATING APPEALS IN. H. B. No. 121.] CHAPTER 115. An Act to regulate appeals in the courts of the State of Texas. SECTION 1. Be it enacted by the Legislature of the State of Teras: When an appeal has been or shall be taken from the judgment of any of the courts of this State by filing a bond or entering into a recognizance within the time prescribed by law, in such cases and it shall be determined by the court to which appeal is taken that such bond or recognizance is defective in form or substance, such appellate court may allow the appellant to amend such bond or recognizance by filing a new bond on such terms as the court may prescribe. SEC. 2. The fact that appeals from justice courts to county courts and from county and district courts to the court of criminal appeals are frequently dismissed on account of defective bonds and recognizances, whereby the right of appeal is, in many cases, unjustly denied, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be 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, no vote given; and passed the Senate by a twothirds vote, nays 28, nays 0.] [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. INSURANCE-AUTHORIZING INCOPORATION OF PRINTERS MUTUAL FIRE AND STORM INSURANCE An Act to provide for the incorporation of Printers' Mutual Fire and Storm Insurance Associations. SECTION 1. Be it enacted by the Legislature of the State of Texas: That private corporations may be created within this State by the voluntary association of three or more persons for the organization of printers' mutual fire and storm insurance associations without an authorized or subscribed capital stock; and for the purpose of insuring against loss by fire or storm only such property as may be owned and operated for the purpose of publishing daily, weekly or other periodical newspapers, or such as may be incident thereto or conducting job printing offices. SEC. 2. Before beginning operations the company provided for in this Act must obtain from the Commissioner of Agriculture, Insurance, Statistics and History a certificate of authority such as is now issued to mutual insurance companies doing business in this State complying with the requirements of said Commissioner as to such authority. The said companies shall report annually within sixty days after December 31 to said commissioner on blanks prepared by him and pay to said commissioner the same fees as now paid by mutual insurance companies. SEC. 3. All laws and parts of laws in conflict herewith are hereby repealed. SEC. 4. The near approach of the close of the present session of the Legislature and the crowded condition of the calendar of each house, creates 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 this bill called upon its third reading and final passage. [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. LIVE STOCK-LIABILITY OF RAILROADS FOR DEATH OR H. B. No. 225.] INJURY TO. CHAPTER 117. An Act to amend Chapter 128, of the Acts of the Regular Session of the Twentysixth Legislature of the State of Texas, entitled "An Act providing a mode by which horses, mules, jacks, jennets and cattle may be prohibited from running at large in the following counties or any sub-division of said counties, viz: Cooke, Bell, Ellis, Montague, Fayette, Johnson, Collin, Rockwall, Lamar, Milam, Denton, Falls, Navarro, Fannin, Hunt, Tarrant, Grayson, Guadalupe, Dallas, Austin and Brazos," as amended by Chapter 24 of the Acts of the Twenty-seventh Legislature of the State of Texas, and as amended by Chapter 71 of the Acts of the Twenty-eighth Legislature of the State of Texas; by adding thereto Section 20a, providing that each and every railroad company having a line of railway in any county or sub-division thereof where the provisions of the preceding sections of said Chapter have been or may hereafter be adopted, shall be liable to the owner for the value of all stock killed or injured by the locomotives and cars of such railroad company in running over their respective railways, which may be recovered by suit before any court having competent jurisdiction of the amount, and providing that if the railroad company shall fence its road it shall only then be liable in cases of injury resulting from want of ordinary care. SECTION 1. Be it enacted by the Legislature of the State of Texas: That Chapter 128 of the Acts of the Regular Session of the Twenty-sixth Legislature of the State of Texas, as amended by Chapter 24 of the Acts of the Twenty-seventh Legislature of the State of Texas, and as amended by Chapter 71 of the Acts of the Twenty-eighth Legislature of the State of Texas, be and the same is hereby amended by adding thereto Section 20a, which shall read as follows: Sec. 20a. Each and every railroad company, having a line of railway in any county or subdivision thereof, where the provisions of the preceding Sections of this Chapter have been or may hereafter be adopted, shall be liable to the owner for the value of all stock killed or injured by the locomotives and cars of such railroad company in running over their respective railways, which may be recovered by suit before any court having competent jurisdiction of the amount. If the railroad company shall fence its road it shall only then be held liable in cases of injury resulting from want of ordinary care. SECTION 2. The crowded condition of the calendar, the near approach to the close of the session, creates an emergency and an imperative public necessity that the rule requiring bills to be read on three several days be suspended, and the same is so done. [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. MILL PRODUCTS-REGULATING THE SALE OF. H. B. No. 410.] CHAPTER 118. An Act to regulate the sale of certain mill products, and to provide penalties for violation thereof. SECTION 1. Be it enacted by the Legislature of the State of Texas: Mill products hereinafter mentioned shall have the following standard weights, viz: Flour, one hundred and ninety-six pounds per barrel, or forty eight pounds per sack; corn meal, bolted or unbolted, thirtyfive pounds per sack, and feed made from cereals of any kind, whether pure, mixed or adulterated, one hundred pounds per sack. Fractional barrels and sacks shall weigh in the same proportion, and these weights shall be net and exclusive of the barrel or sack in which such product is packed. SEC. 2. The correct name and the true net weight of the contents of each and every hogshead, barrel, box, cask, bale, sack or package of any of the foregoing products, whether sold in single packages or lots, shall be plainly marked, branded or stenciled in large, legible letters and figures, not less than two inches in size, upon the exterior of such hogshead, barrel, box, cask, bale, sack or package in a conspicuous place, as the head in case of hogsheads or barrels, and the front or branded side in case of sacks, bales or packages; and it shall be unlawful for any person, firm or corporation, or the agent, employe or representative of any person, firm or corporation to sell or exchange or offer for sale or exchange any of such products so packed or contained until the provisions hereof have been complied with. SEC. 3. It shall be unlawful for any person, firm or corporation, or the agent, employe or representative of any person, firm or corporation to sell or exchange or offer for sale or exchange, whether in single packages or lots, any product composed of mixed cereals of any kind or any cereal adulterated in any manner, unless the word "adulterated" is plainly marked, printed or stenciled diagonally across the other marks or brands, if any, on the hogshead, barrel, box, bale, cask, sack or package containing the same, or in case there are are no other marks thereon, then across such hogshead, barrel, box, cask, bale, sack or package, in a conspicuous place in large legible letters and figures not less than two inches in size. SEC. 4. If any person shall knowingly violate the provisions of this Act, he shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in any sum not less than twenty-five dollars nor more than one thousand dollars, and each transaction shall be deemed a separate offense. SEC. 5. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. SEC. 6. There being now no law to regulate the sale of certain mill products, the near approach of the close of the session and the crowded condition of the docket, creates an emergency and imperative public necessity requiring bills to be on three several days, be suspended, and that this bill be placed upon its third reading and final passage. [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. WELLS-OIL, GAS AND WATER-REGULATING THE DRILLING, OPERATION AND ABANDONMENT OF. An Act to amend An Act entitled "An Act to regulate drilling, operation and abandonment of petroleum oil, natural gas and mineral water wells, and to prevent certain abuses connected therewith," approved March 29, 1899, by adding thereto Sections 7, 8, 9 and 10; and declaring an emergency. SECTION 1. Be it enacted by the Legislature of the State of Texas: That An Act of the Legislature of Texas, approved March 29, 1899, entitled "An Act to regulate drilling, operation and abandonment of petroleum oil, natural gas and mineral water wells, and to prevent certain abuses connected therewith," be amended by adding thereto Sections 7, 8, 9 and 10 to read as follows: Sec. 7. If any person or persons in this State in boring any well or wells for oil, gas or mineral waters shall pierce any cap-rock or other geological formation in such manner as to cause a flow of salt water or fresh water injurious to any oil well or wells already bored, or to any oil, or gas deposits, and which shall or may probably result in the injury of such oil or gas field or to such gas or oil wells already bored, such persons or person shall, if the flow of water cannot be cased off, immediately abandon all work upon such well and plug and fill up the same in such manner and with such materials as will stop the flow of said water; and it shall be unlawful for any well owner, or person boring any such well to remove the casing from the well drilled until the flow of water shall be stopped either by casing off or plugging such well. Provided, however, that the provisions of this Section shall only apply where such cap-rock or other formation is pierced at a depth below the horizon at which oil or gas has already been discovered. Provided further, that if any well shall be abandoned from any cause, the same shall be securely plugged and sealed. Sec. 8. The district courts of each county in this State, and the judges thereof, in vacation, shall have jurisdiction to enforce the provisions of this Act, and they are hereby authorized and empowered, either in term time or in vacation, upon the application of any person or persons, interested either as land owners, lessees of land or as well owners, in any oil or gas field in this State, in its discretion to appoint some suitable person or persons as superintendent of such oil or gas field and to require of such person a bond, the amount thereof to be fixed by the court, conditioned that such superintendent shall obey and carry out the rules, regulations, orders and decrees which may be from time to time prescribed and entered by said court for the protec |