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, be amended by the addition of subdivisions 62 and 63, to read as follows: 62. For the organization of companies for the purpose of growing, preparing for market, and selling rice, with power to construct, maintain, and operate such dams, reservoirs, lakes, wells, canals, flumes, laterals, and other appurtenances as may be necessary or convenient for the purpose of irrigating. 63. For the organization of companies for the purpose of growing and selling sugar cane, with the right to make and refine sugar, molasses, and all by-products of sugar cane, and to sell the same. SECTION 2. Whereas many citizens of the State of Texas are desirous of forming corporations for the purpose of growing rice and sugar cane; and whereas, our present corporation laws are inadequate to confer such powers as are necessary to carry on these important industries; therefore an emergency exists, and an imperative public necessity demands that the constitutional rule requiring bills to be read on three several days in each house be suspended, and that this Act 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 87, nays 11.] [NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 10th 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. RAILROAD CORPORATIONS AMENDMENT, PRESCRIBING PARTIES TO AND VENUE OF SUITS AGAINST. H. B. No. 57.] CHAPTER 25. An Act to amend Section 1 of an Act approved May 20th, 1899, entitled "An Act to prescribe the parties to and venue of suits against railroad corporations and assignees, trustees and receivers operating any railway over whose transportation lines, or parts thereof, any freight, baggage or other property has been carried during transportation," so as to prescribe the parties to and the venue of suits against railroads, express or transportation companies or common carriers of any kind, or the assignee, lessee, trustee or receiver of any such, operating or doing business in this State, or having an agent or representative in this State, where any damage, loss or other cause of action arises, out of the transportation or contract in relation to the carriage of passengers or freight, baggage or other property, and providing for the apportionment of the damage recovered between the defendants, and providing additional means of obtaining service on non-resident corporations or companies having agents in this State. SECTION 1. Be it enacted by the Legislature of the State of Texas: That whenever any passenger, freight, baggage or other property has been transported by two or more railroad companies, express com panies, steamship or steamboat companies, transportation companies or common carriers of any kind or name what-so-ever, or by any assignee, lessee, trustee or receiver thereof, or partly by one or more such companies, or common carriers, and partly by one or more assignee, lessee, trustee or receiver thereof operating or doing business as such common carriers in this State, or having an agent or representative in this State, suit for damage or loss or for any other cause of action arising out of such carriage, transportation or contract in relation thereto may be brought against any one or all of such common carriers, assignees, lessees, trustees or receivers so operating or doing business in this State, or having an agent or representative in this State, in any court of competent jurisdiction in any county in which either of such common carriers, assignees, lessees, trustees or receivers operates or does business, or has an agent or representative; provided, however, that if damages be recovered in such suits against more than one defendant, not partners in such carriage, transportation or contract, the same shall on request of either party be apportioned between the defendants, by the verdict of the jury, or if no jury is demanded, then by the judgment of the court. SEC. 2. That service may be had on foreign corporations having agents in this State in addition to the means now provided by law by serving citation upon any train conductor who is engaged in handling trains for two or more railway corporations, whether said railroad corporations are foreign or domestic corporations, if said conductor handles trains over foreign or domestic corporations' track across the State line of Texas, and on the track of a domestic railway corporation within the State of Texas, or upon any agent who has an office in Texas, and who sells tickets or makes contracts for the transportation of passengers or property over any line of railway or part thereof, or steamship or steamboat of any such foreign corporation or company. SEC. 3. For the purpose of obtaining service of citation on foreign railway corporations, conductors who are engaged in handling trains and agents engaged in the sale of tickets or the making of contracts for the transportation of property as described in Section 2 of this Act, are hereby designated as agents of said foreign corporations or companies upon whom citation may be served. SEC. 4. The fact that there is now no adequate law providing for the means of obtaining citation and providing for the venue in civil cases against domestic and foreign railway corporations, creates an imperative public necessity and an emergency exists which requires the suspension of the constitutional rule requiring bills to be read on three several days in each house, and it is enacted that such rule be and the same is hereby suspended and this Act shall take effect from and after its passage. [NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives, no vote given; and was referred to the Senate where same was amended and passed by a two-thirds vote, yeas 26, nays 0; amendments concurred in by the House of Repre sentatives by a two-thirds vote, yeas 89, nays 0.] Approved March 13, 1905. Takes effect 90 days after adjournment. An Act to attach the unorganized counties of Cochran and Hockley to Lubbock county for surveying purposes; to authorize and empower the commissioners court of Lubbock county to procure from the county surveyor's office of Crosby county and from the general land office of the State all the records of files and surveys of land in said unorganized counties and certified copies of such record; and to repeal all laws and parts of laws in conflict herewith. SECTION 1. Be it enacted by the Legislature of the State of Texas: That the unorganized counties of Cochran and Hockley be and they are hereby attached to Lubbock county for surveying purposes. SEC. 2. That the county commissioners court of Lubbock county is hereby authorized and empowered to procure from the county surveyor's office of Crosby county all the records of files and surveys of land situated in the unorganized counties of Cochran and Hockley, and when procured shall become official records of the office of the county surveyor of Lubbock county, and shall have the same force and effect as other records of said office, and in the event that the said court cannot procure from the county surveyor's office of Crosby county the original records of the files and surveys of lands situated in said unorganized counties, or if the records of the office of the county surveyor of Crosby county are found to be incomplete, then the said court may procure from the commissioner of the general land office certified copies of the records of said lands as may be necessary to complete the records of the files and surveys of lands situated in the said unorganized counties; or if the said commissioners court shall deem it best and more advantageous to procure the certified copies of all the files and surveys of the lands of said unorganized counties from the commissioner of the general land office, said court may do so, and such certified copies or any part thereof when certified to be correct copies of the records of the general land office, under the official hand and seal of the commissioner thereof, shall have full faith and credit, and be deemed a part of the records of the county surveyor's office of Lubbock county. SEC. 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 13, 1905. Takes effect 90 days after adjournment. COURTS-FIXING TIME FOR HOLDING IN THIRTY-FIRST JUDICIAL DISTRICT. An Act to change and prescribe the time for holding district court in the Thirty-First Judicial District of this State; to conform all writs and process from such courts to such changes; and to repeal all laws in conflict herewith. SECTION 1. Be it enacted by the Legislature of the State of Texas: The Thirty-First Judicial District shall be composed of the coun ties of Hemphill, Roberts, Carson, Hutchinson, Wheeler, Gray, Ochiltree, Hansford and Lipscomb, and the terms of district court shall be held therein each year as follows: Beginning in Hemphill county, on the first Monday in January and July in each year, and may continue in session four weeks. Beginning in Roberts county on the fourth Monday after the first Monday in January and July in each year, and may continue in session three weeks. Beginning in Carson county on the seventh Monday after the first Monday in January and July in each year, and may continue in session two weeks. Beginning in Hutchinson county on the ninth Monday after the first Monday in January and July in each year, and may continue in session one week. Beginning in Wheeler county on the tenth Monday after the first Monday in January and July in each year, and may continue in session two weeks. Beginning in Gray county on the twelfth Monday after the first Monday in January and July in each year, and may continue in session two weeks. Beginning in Ochiltree county on the fourteenth Monday after the first Monday in January and July in each year, and may continue in session one week. Beginning in Hansford county on the fifteenth Monday after the first Monday in January and July in each year, and may continue in session one week. Beginning in Lipscomb county on the sixteenth Monday after the first Monday in January and July in each year, and shall continue in session until the business is disposed of. SEC. 2. That all process and writs issued out of the district courts, of said counties prior to the taking effect of this Act are hereby made returnable to the terms of said courts as the said terms are fixed by this Act, and all bonds executed and recognizances entered of record in said courts shall bind the parties for their appearance or to fulfill the obligation of such bonds and recognizances at the terms of said courts as they are fixed by this Act, and all process heretofore returned to, as well as all bonds and recognizances heretofore taken in any of said courts shall be as valid as if no change had been made in the time of holding said courts. SEC. 3. Should any court in said district be in session under existing law when this Act takes effect, the same shall come to an end under existing law, and its process, writs, judgments and decrees shall be valid and shall not be affected by the change in the time made by this Act. SEC. 4. That all laws and parts of laws in conflict with the provisions of this Act are hereby repealed. SEC. 5. The fact that several of the county seats in said district are at some seasons of the year well nigh inaccessible, and that it is important that the terms of the court be so arranged that the judge may go direct from one county to another to hold his courts, creates an emergency and an imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days in each house, and that this Act take effect from and after June 1st, 1905. Said constitutional rule is therefore suspended, and this Act shall take effect and be in force from and after the first day of June, 1905. [NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 95, nays 0; and passed the Senate by a two-thirds vote, yeas 22, nays 0.] Approved March 13, 1905. Takes effect June 1, 1905, by expressed provision. CONVICTS-AUTHORIZING ISSUANCE OF PAROLES TO. S. B. No. 11.] CHAPTER 28. An Act to confer authority on the Penitentiary Board to issue paroles to meritorious convicts and to make and establish rules and regulations to carry the same into effect. Be it enacted by the Legislature of the State of Texas: SECTION 1. The Penitentiary Board and Board of Pardons shall have power to make and establish rules and regulations subject to the approval of the Governor, under which meritorious prisoners, who are now, or hereafter may be imprisoned under a sentence to penal servitude and who may have served not less than one-fourth of their respective terms of imprisonment, may be allowed to go upon parole outside the buildings and jurisdiction of the Penitentiary authorities, subject to the exceptions hereinafter contained; provided, that in no case shall a convict be paroled until he shall have served two years of his term. SECTION 2. While on parole as aforesaid, such prisoners shall remain under control of the Penitentiary Board and subject at any time to be taken back within physical possession and control of said board, as under their original sentence. And full power to make and establish rules and regulations for the re-taking and re-imprisoning of any convict so upon parole, is hereby conferred upon the said Penitentiary Board, subject to the approval of the Governor. And all orders and warrants issued thereunder shall be a sufficient warrant for all officers named therein to return to actual custody, any paroled convict, and it is hereby made the duty of all officers to execute such orders as ordinary criminal process. SECTION 3. No convict confined in the Texas Penitentiaries shall be considered eligible for parole and no application for parole shall be considered by the Penitentiary Board until such prisoner is recommended as worthy of such consideration by the Superintendent, Assistant Superintendent and Chaplain of the Penitentiaries, and before consideration by the Penitentiary Board, notice of such recommendation shall be published in a newspaper in the county from which such prisoner was sentenced, and if none be there published, then in the county whose county site is nearest thereto, provided the expense of such pub |