tion of such oil or gas field and the persons employed therein, from fire or other causes likely to be injurious to the properties and operations in such field, and with power and authority to enforce under the orders of said court, a strict compliance by all persons with all the requirements of the laws of this State governing the boring and operation of oil or gas wells in oil or gas fields, and said courts are authorized and empowered to make from time to time such rules and regulations for the government of such oil and gas fields and the operations carried on therein, and the handling of the oil or gas products as may, in the discretion of the court, be necessary or requisite for the protection of the several interests in said oil and gas field from fire or other probable injurious cause. Provided, however, that the court may require of the persons who apply for the appointment of a superintendent of any oil or gas field or other protective order proper security for the payment of any and all costs of court, including the salaries of any superintendents, or necessary employes under him, as well as for such other costs and expense as may be necessary to be expended in the protection of such oil or gas field and the enforcement of the orders of said courts. Sec. 9. That any person or persons, co-partner-ship, corporation or association of persons, violating any of the provisions of this Act, or who shall fail or refuse to obey any order or decree, rule or regulation, made or promulgated by said district courts requiring any Act to be done or omitted shall be liable to penalty of not less than five hundred dollars nor more than five thousand dollars, to be ascertained by the verdict of the jury of the court trying the cause, said sum to be recovered with the costs of suit in a civil action brought for that purpose in the name of the State of Texas, in any court of competent jurisdiction, in the county in which the Act complained of shall have been committed or omitted, and such suit may be brought at the instance of any resident of the State of Texas, without security or liability for costs, and the amount of said penalty when collected shall be paid into the school fund of the county in which said suit is brought. Provided, however, that such suit may be brought at the instance of either the district attorney or the county attorney of the county in which the Act was committed or omitted.

Sec. 10. Whereas, the rich oil and gas fields in the State of Texas, if properly treated and operated, are capable of supplying to the people of Texas for many years a long felt want for cheap fuel; and

Whereas, said oil and gas fields are now being operated in such a wasteful and reckless manner as is dangerous to human life and property, and in such manner as will in a short space of time necessarily exhaust the natural supply of oil and gas which such fields are capable of supplying and will shorten the natural life of such fields for furnishing a supply of cheap fuel, to the great injury of the people of this State; and

Whereas, some regulation of said fields has become a public necessity, therefore an emergency exists and an imperative public necessity requires the suspension of the constitutional rule requiring bills to be read on three several days, and said rule is hereby suspended and this Act shall 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 93, nays 1; and passed the Senate by a two-thirds vote, yeas 23, 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.]

Became a law May 9, 1905.

CORPORATIONS-RELATING TO THE EXECUTION OF

H. B. No. 357.]

DEEDS BY.

CHAPTER 120.

An Act to amend Article 678 of the Revised Statutes of the State of Texas, 1895, relating to the execution of deeds by corporations.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 676, Chapter 4, Title XXI, of the Revised Civil Statutes of the State of Texas, shall be so amended as to hereafter read as follows: Art. 676. Any corporation may convey lands by deed, sealed with the common seal of the corporation, and signed by the president or presiding member or trustee of said corporation or in common form without seal by its attorney in fact, where the instrument constituting such attorney in fact is executed in said manner first mentioned, and such deed, when acknowledged by such officer or attorney in fact to be the act of the corporation, or proved in the manner prescribed for other conveyances of lands, may be recorded in like manner and with the same effect as other deeds; and all conveyances by corporations heretofore executed in the manner herein set forth shall be held valid so far as regards the manner of execution.

SEC. 2. The fact that doubts are frequently raised about the subject matter, and cause much obstruction, hardship and loss to citizens, 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, 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.

FRUIT TREES, SHRUBS AND PLANTS-PROVIDING FOR PROTECTION OF, FROM CERTAIN DISEASES.

An Act to prevent the keeping of certain fruit trees affected with yellows, crown gall, black knot, or any tree, shrub or plant infested with or by San Jose scale or other dangerous, injurious or destructive pest; and declaring such affected and infested trees, shrubs and plants a public nuisance, and making it the duty of the Commissioner of Agriculture, Insurance, Statistics and History to seek out and destroy such trees, shrubs and plants, or cause the same to be done or to have such affected or infested trees treated; and providing the manner of such destruction and treatment and for an investigation by the Commissioner of Agriculture, Insurance, Statistics and History when he believes, or has reason to believe, that any such diseases or pests may exist in this State, and providing the manner of combating such diseases and pests and the prevention of their spread and dissemination; providing for the examination of nurseries and giving certificates to that effect; regulating the importation of trees, shrubs and plants from without the State; forbidding the selling, consigning or shipping of nursery stock without such certificates; providing for the fumigation of certain trees, shrubs and plants; providing penalties and making an appropriation, and declaring an emergency. SECTION 1. Be it enacted by the Legislature of the State of Texas: No person in this State shall knowingly or willfully keep any peach, almond, apricot or nectarine trees affected with the contagious disease known as yellows. Nor shall any person keep any peach, plum or other tree affected with crown or root gall, nor shall any person knowingly or willfully keep any plum, cherry or other trees affected with the contagious disease or fungus known as black knot, nor any tree, shrub or plant infested with or by the San Jose scale or other insect pest dangerously injurious to or destructive of trees, shrubs or other plants; every such tree, shrub or plant shall be a public nuisance, and as such shall be abated, and no damage shall be awarded for entering upon premises upon which there are trees, shrubs or plants infected with yellows, black knot, crown gall or other infectious dangerous disease, or infected with San Jose scale or other dangerous insect pest for the purpose of legally inspecting the same, nor shall any damages be awarded for the destruction by the Commissioner of Agriculture, Insurance, Statistics and History or his duly authorized agents or representatives of such trees, shrubs or plants, or altogether destroying such trees if necessary to suppress such disease, if done in accordance with the provisions of this article, except as otherwise herein provided. Every person, when he becomes aware of the existence of such disease or insect pest in any tree owned by him, shall forthwith report the same to the Commissioner of Agriculture at Austin, Texas, and the said Commissioner shall take such action as the law provides. If in the judgment of said Commissioner, or the person or persons representing him, the trees, shrubs or other plants so infected, infested or diseased should be destroyed, then such destruction shall be carried on and completed under the supervision of said Commissioner or the person or persons duly appointed by him and authorized so to do, without unnecessary delay; but the owner of the trees, shrubs or plants shall be notified immediately upon its being determined that such trees, shrubs or plants should be destroyed by a notice in writing signed by said Commissioner or the person or persons representing him, which said notice

in writing shall be delivered in person to the owner of such trees, shrubs or plants, or left at the usual place of residence of such owner, or if such owner be not a resident of the locality, to notify by leaving such notice with the person in charge of the premises, trees, shrubs or plants, or in whose possession they may be; such notice shall contain a brief statement of the facts found to exist whereby it is necessary to destroy such trees, shrubs or plants, and shall call attention to the law under which it is proposed to destroy them and the owner shall within ten days from the date upon which such notice shall have been received remove and burn all such diseased or infected trees, shrubs or plants. If, however, in the judgment of said Commissioner, or person representing him, any trees, shrubs or plants infected with any disease or infested with dangerously injurious insects can be treated with sufficient remedies, he may direct such treatment to be carried out by the owner under the direction of the Commissioner's agent or agents. In case of objections to the findings of the inspector or agent of the Commissioner, an appeal may be made to the Commissioner, whose decision shall be final." appeal must be taken within three days from service of said notice, and shall act as a stay of proceedings until it is heard and decided. When the Commissioner or person or persons appointed by him shall determine that any tree or trees, shrubs or other plants must be treated or destroyed forthwith, he may employ all necessary assistance for that purpose, and such person or persons, agent or agents, employe or employes may enter upon any or all premises necessary for the purposes of such treatment, removal or destruction.

But such Commissioner or the person representing him, shall, before such treatment or destruction, first require the owner or person in charge of such trees, shrubs or plants, to treat or destroy same, as the case may be, and upon the refusal or neglect upon the part of said owner or person in charge to so treat or destroy such trees, plants or shrubs, then such Commissioner or person or persons representing him shall treat or destroy such trees, shrubs or plants, and all reasonable charges and expenses thereof shall be paid by such owner or person in charge of said trees, shrubs or plants, and shall constitute a legal claim against such owner or person in charge, which may be recovered in any court having jurisdiction, upon the suit of such Commissioner or the county attorney of the county where the premises are situated, together with all costs, including an attorney fee of ten dollars to be taxed as other costs.

SEC. 2. When such Commissioner knows or has reason to believe that any such contagious disease exists, or that there is good reason to believe it exists, or danger is justly apprehended of its introduction in any locality in the State, or that any dangerously injurious insect pest exists within this State, and has reason to believe that danger may be justly apprehended from its existence, he shall forthwith send some competent person and such agent or agents as he may deem necessary to assist in extirpating said pest or pests, disease or diseases, and the said Commissioner is hereby authorized and empowered to take such steps and do whatever may be deemed necessary to so control or prevent the spread and to extirpate said pest or pests; disease or diseases, and he shall cause an examination to be made at least once each year prior to

November first, of each and every nursery or other place where trees, shrubs or plants, commonly known as nursery stock, are grown for sale, for the purpose of ascertaining whether the trees, shrubs or plants therein kept or propagated for sale are infected with any such contagious disease or diseases, or infested with such pest or pests. If after such examination it is found that the said trees, shrubs or other plants so examined are free in all respects from any contagious or infectious disease or diseases, dangerously injurious pest or pests, the said commissioner or his duly authorized agent or other person designated to make such examination, shall, upon the payment of the fees hereafter provided, issue to the owner or proprietor of the said stock so examined a certificate setting forth the fact that the stock so examined is apparently free from any and all such disease or diseases, pest or pests. Should any nursery agent or dealer or broker send out or deliver within the State trees, vines, shrubs, plants, buds or cuttings commonly known as nursery stock, and which are subject to the attacks of insects and diseases above provided for, unless he has in his possession a copy of said certificate, dated within a year thereof, deface or destroy such certificate, or wrongfully be in possession of such certificate, he shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars. All nursery stock consigned for shipment or shipped by freight, express or other means of transportation, shall be accompanied by a copy of said certificate attached to each car, box, bale, bundle or package.

Any person selling or consigning for shipment or shipping nursery stock as above without such certificate attached shall be guilty of a misdemeanor, and shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars. All trees, plants, shrubs, buds or cuttings, commonly called nursery stock, grown in any nursery in this State, in which San Jose scale has been found within two years of the date of the dissemination of said nursery stock, or grown in said nursery within one-half a mile of where said scale was found, and also all nursery stock from outside of this State, disseminated or planted in this State, after the first day of November, 1905, must be fumigated with hydrocyanic gas in such manner as may be directed by the Commissioner of this State. Such fumigation must be done by the grower, consignor or consignee of such stock before planting, dissemination or reshipment, except such trees, shrubs, plants, buds or cuttings grown in this State as are planted by the grower or propagator for himself, or such as from its nature or state of growth would be exempt; in such cases the Commissioner shall declare such trees, shrubs, plants, buds or cuttings free from such treatment. All nursery stock brought into this State from outside of this State must be accompanied by a certificate from the consignor that it has been fumigated as aforesaid. Whenever any trees, shrubs, plants or other nursery stock are shipped into the State from another State, country or province, every package thereof shall be plainly labeled on the outside with the name of the consignor, the name of the consignee, the contents, and in addition to the certificate of fumigation above provided for, by a certificate showing that the contents have been inspected by a state or government officer, and that the trees, shrubs,