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public necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and an emergency 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 House of Representatives by a two-thirds vote, yeas 109; nays 0; was referred to the Senate where same was amended and passed by a twothirds vote, yeas 23, nays 0; and the Senate amendments were concurred in by the House of Representatives by a two-thirds vote, yeas 100, nays 1.]

Approved March 1, 1905.

Became a law March 1, 1905.

LIENS-CREATING SAME ON PROGENY OF LIVE STOCK.
H. B. No. 56.]
CHAPTER 20.

An Act to amend Articles 3335 and 3336 of Chapter 5, Title 66, of the Revised Civil Statutes of the State of Texas, relating to liens on progeny of live stock kept for the purposes of standing for profit; said Articles being so amended as to create a preference lien on such progeny.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Articles 3335 and 3336 of Chapter 5, Title 66, of the Revised Civil Statutes of the State of Texas, be so amended as to hereafter read as follows, to-wit:

Article 3335. The owner or keeper of any stallion, jack, bull or boar, who keeps the same confined for the purpose of standing him for profit, shall have a preference lien upon the progeny of such stallion, jack, bull or boar, to secure the payment of the amount due such owner or keeper, for the services of such stallion, jack, bull or boar, and such lien shall exist by reason of the force and effect of the provisions hereof, and it shall never be necessary in order to secure and fix said lien to secure, file or register any contract or statement thereof with any officer, nor shall it be necessary that the owner of such progeny execute any contract whatever, but that such preference lien may be foreclosed in the same manner as the statutory landlord's lien is by law enforced; provided, that where parties misrepresent their stock by false pedigree, no lien shall obtain.

Article 3336. The lien herein provided for shall remain in force for a period of ten months from the birth of said progeny, but shall not be enforced until five months shall have elapsed after such birth.

SEC. 2. Articles 3337, 3338 and 3339 of Chapter 5, Title 66, of the Revised Civil Statutes of the State of Texas are hereby repealed, as well as all laws in conflict with the provisions of Articles 3335 and 3336, as herein amended.

SEC. 3. The fact that the present laws providing for liens on progeny of live stock kept for standing for profit are lax and of difficult application, and keepers of stallions, jacks, bulls, boars, etc., thus fail of collection of such fees; and the crowded condition of the calendar, creates an emergency and an imperative public necessity justifying the

suspension of the constitutional rule requiring bills to be read on three several days, and it is so suspended; and that 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 88, nays 24; and passed the Senate by a two-thirds vote, yeas 21, nays 3.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 3rd day of March, 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 March 15, 1905.

SINKING FUNDS-AUTHORIZING COMMISSIONERS COURTS, CITY COUNCILS AND SCHOOL TRUSTEES TO INVEST SAME IN CERTAIN SECURITIES.

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An Act to authorize commissioners courts, city councils of incorporated cities and towns, and boards of trustees of independent school districts or of any other school districts or school communities to invest sinking funds in certain securities.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the commissioners court of any county, the city council of any incorporated city or town, and the board of trustees of any independent school district, or of any other school district or school community, in the State of Texas, be, and they hereby are, authorized and empowered, whenever they may deem it advisable, to invest any sinking fund or sinking funds now on hand or hereafter acquired, for the redemption and payment of any outstanding bonds of such county, city or town, or independent school district, or any other school district or school community, in bonds of the United States, of the State of Texas, of any county of the State of Texas, or of any incorporated city or town; provided, that no such bonds shall be so purchased which, according to their terms, mature at a date subsequent to the time of maturity of the bonds for the payment of which such sinking fund was created; and, provided, further, that in the event any commissioners court, city council or board of trustees is unable to purchase any securities of the character above mentioned which mature at a date prior to the time of maturity of the bonds for the payment of which such sinking fund was created, then they are authorized in their discretion to invest such funds in the bonds of any independent school district, or of any other school district or school community authorized to issue bonds, under the same restrictions as herein before mentioned.

SEC. 2. Whereas, there is now no law authorizing the investment. of sinking funds of counties, cities and towns, and independent school districts, and in a large majority of the counties, cities and towns and

independent school districts of Texas large sums of money belonging to sinking funds are lying idle in their treasuries, an emergency is created, and an imperative public necessity exists that the constitutional rule requiring bills to be read on three several days be suspended, and said rule is hereby so suspended, and that this Act shall take effect 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 97, 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 3rd day of March, 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 March 15, 1905.

GAMING HOUSE-MAKING IT AN OFFENSE TO RUN SAME, AND FIXING PENALTY.

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An Act making it an offense to be the proprietor, manager, or in any way to have control of and run a public gaming house; and fixing a penalty therefor.

SECTION 1. Be it enacted by the Legislature of the State of Texas: If any person shall be the proprietor, manager, or in any way have control of, or run a public gaming house, he shall be fined in any sum not less than twenty-five nor more than five hundred dollars, and by imprisonment in the county jail for any period of time not less than twenty nor more than ninety days.

[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 3rd day of March, 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-AMENDMENT-PREVENTING RUNNING AT LARGE IN CERTAIN COUNTIES.

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An Act to amend Sections 1 and 2, Chapter 71, of the Acts of the Twenty-eighth Legislature of the State of Texas, being “An Act to amend Section 1 of Chapter 24 of the Acts of the Twenty-seventh Legislature of the State of Texas, being 'An Act to amend Section 1, Chapter 128, of an Act passed by the Twentysixth Legislature of the State of Texas, and sent to the Governor for his approval on the 20th day of May, A. D. 1899, and entitled 'An Act providing a mode by which horses, mules, jacks, jennets and cattle may be prevented from running at large in the following counties, or in any subdivision of said counties, viz: Cooke, Bell, Ellis, Montague, Fayette, Johnson, Collin, Rockwall, Lamar, Milam, Denton, Falls, Navarro, Fannin, Hunt, Tarrant, Grayson, Guadalupe, Dallas, Austin, Brazos, so as to place Lavaca, Colorado, Washington, Williamson, Smith and Delta counties under the provisions of said Chapter,' so as to place McLennan, San Patricio, Limestone, Coryell, Kaufman, Raines, Bastrop, Bee, Camp, Caldwell, Calhoun, Cass, Comanche, Erath, Hill, Harrison, Hopkins, Jackson, Bosque, Montgomery, Morris, Upshur, Parker, Rusk, Red River, Titus, Trinity, Victoria, Van Zandt, Wise, Walker, Wood, Wilson, Comal, Nueces, Bexar, Eastland, Cherokee and Travis counties under the provisions of said chapter,' and to provide for the holding of an election for the purpose of enabling the freeholders of such counties or subdivisions thereof as may have adopted said law to repeal the same," so as to place Brown, Blanco, Coleman, Callahan, Franklin, Gillespie, Hood, Llano, Jones, Jack, Scurry, Somervell and Taylor under the provisions of said Chapter, and to exempt therefrom the counties of Bee, Calhoun, Jackson, Montgomery, Trinity, Victoria and Walker; and to provide for the holding of an election for the purpose of enabling the freeholders of such counties or subdivisions thereof as may have adopted said law to repeal the same.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Sections 1 and 2, of Chapter 71, Acts of the Twenty-eighth Legislature, be so amended as to hereafter read as follows:

Section 1. Upon the written petition of one hundred freeholders of any of the following named counties: Austin, Bastrop, Bee, Bell, Bexar, Blanco, Bosque, Brazos, Brown, Caldwell, Calhoun, Callahan, Camp, Cass, Cherokee, Coleman, Collin, Colorado, Cook, Comal, Comanche, Coryell, Dallas, Delta, Denton, Eastland, Ellis, Erath, Falls, Fannin, Fayette, Franklin, Guadalupe, Gillespie, Grayson, Harrison, Hill, Hood, Hopkins, Hunt, Jack, Jackson, Jones, Johnson, Kaufman, Lamar, Lavaca, Limestone, Llano, McLennan, Milam, Montague, Morris, Navarro, Nueces, Parker, Raines, Red River, Rockwall, Rusk, San Patricio, Scurry, Smith, Somervell, Tarrant, Taylor, Titus, Travis, Upshur, Victoria, Van Zandt, Washington, Williamson, Wilson, Wise, Wood, or upon the petition of fifty freeholders of any such subdivision of a county as may be described in the petition and defined by the commissioners court of any of the above named counties, the commissioners court of said county shall order an election to be held in said county or such subdivision of a county as may be described in the petition and defined by the commissioners court, on the day named in the order, for the purpose of enabling the freeholders of such county or such subdivision of a county as may be described in the petition and defined by the commissioners court, to determine whether horses, mules, jacks, jennets and cattle shall be permitted to run at large in such county or such subdivision of a county as may be described in the petition

and defined by the commissioners court; provided, that where there is an application for an election to include an entire county there shall not be less than twelve freeholders from each justice precinct of said county as signers to the petition for such election.

Sec. 2. Upon the written petition of two hundred freeholders of any of the above named counties, or upon the written petition of fifty freeholders of any subdivision of the above named counties, if the law be in force in that subdivision only, the commissioners court shall be authorized and required to order an election on the date therein named to determine whether or not said law be repealed; provided, that such petition be not filed within less than two years from the date this law goes into effect; and provided, further, that such petition be signed by at least twenty-four freeholders from each justice precinct in such county. But if this law becomes operative over any of the above named counties, as prescribed, it can in no case be repealed by any sub-division, except by a two-thirds majority of the votes cast by the freeholders of such county, at an election held in accordance with the provisions of this Act.

SEC. 2. From the fact that the citizens of said counties desire an opportunity to vote on the question as to whether stock should be permitted to run at large, at an early date, 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 by a two-thirds vote, yeas 92, nays 0; and passed the Senate by a two-thirds vote, yeas 23, nays 1.]

[NOTE. The foregoing act was presented to the Governor of Texas on the 9th day of March, 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 March 21, 1905.

CORPORATIONS-AMENDING ARTICLE 642, REVISED STATUTES, RELATING TO FORMATION OF.

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An Act to amend article 642 of the Revised Civil Statutes of Texas as amended by Chapter 130, Acts of the Twenty-fifth Legislature, Chapter 43, Acts of the Twenty-sixth Legislature, Chapter 43, Acts of the Twenty-seventh Legislature, and chapter 129, Acts of the Twenty-eighth Legislature, by adding thereto subdivision 62, authorizing the formation of corporations for the growing, preparing for market, and selling of rice, and subdivision 63, authorizing the formation of corporations for the purpose of growing and selling sugar cane, and making and refining sugar, molasses, and all by-products of sugar cane, and declaring an emergency.

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

SECTION 1. That Article 642 of the Revised Civil Statutes of the State of Texas as amended in Chapter 130, Acts of the Twenty-fifth

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