may be, receiving the largest number of votes shall be entitled to serve as trustees for the full term for which they are elected. SECTION 170. When a vacancy occurs in the board of school trustees in any independent school district the remaining members of such board shall fill the vacancy by electing person to fill the office for the unexpired portion of the term of the prior incumbent thereof. SECTION 171. Towns and cities which have heretofore chosen their trustees by appointment of the city council or board of aldermen, under the provisions of Article 4018, Revised Statutes, shall be authorized to continue to choose their trustees in this manner; that is, by the appointment of the board of aldermen of said city or town; provided, that seven trustees shall be appointed at first, four of whom shall serve for one year, and three for two years, and at regular intervals of one year thereafter, four trustees and three trustees, alternately, shall be appointed each year for a term of two years; and further provided, that on a petition of twenty-five per cent of the voters of any such city or town, to be ascertained by the ballots cast at the last regular city election in said city or town, the mayor of such city or town shall order an election to determine whether or not the school affairs of such city or town shall be directed by a school board elected in accordance with the provision of this act, and in case of an affirmative vote, an election shall at once be ordered by the said mayor for the purpose of choosing a school board consisting of seven trustees, as provided in Section 162 of this act. SECTION 172. At any time hereafter it shall be lawful for any town or village which may desire to incorporate for school purposes only, to make application to the county judge for the organization of an independent school district, as provided for by the general statutes governing such cases, and for the election of a board of trustees, as provided in this act, and on receipt of such application it shall be the duty of the county judge to proceed as required in Section 164 of this act. SECTION 173. Trustees and school officers, heretofore appointed or elected, in independent school districts, are hereby continued in office until the election and qualification of trustees, as provided for in this act, and the official acts and proceedings of and contracts, bonds issued and authorized to be issued by boards of trustees in independent school districts heretofore elected and appointed and operating under former acts of the Legislature of this State, and particularly under an act approved March 30, 1899, entitled "An Act to provide a uniform method of electing school trustees in independent districts," are hereby validated, ratified and confirmed. The provisions of this act concerning trustees shall not apply to the city of Fort Worth nor to the city of Dallas. SECTION 174. The board of trustees of any city or town or of any independent district provided for in this act, may elect a superintendent or principal of schools of such city or town, or of such independent district, for a term not to exceed two years. Eligibility. SECTION 175. No member of the board of trustees of any public school, nor teacher in any of the public schools of this State, nor county or city superintendent of public schools, shall during the term of their office. as trustees or superintendent, or during the time of their employment as teacher, act as agent or attorney for any text-book publishing company selling text-books in this State. Nor shall any person interested in the publication of text-books, or of selling the same to be used in the public schools of this State, be eligible as school trustee, county or city superintendent of schools, or as teacher in any of the public schools of this State, while acting in the capacity of agent or attorney for text-book publishers or dealers. If after election as trustee, county or city superintendent or employment as teacher, any person filling such position accepts the agency or attorneyship of any text-book publishing company, the acceptance of such agency or attorneyship shall work a forfeiture of the office or place in the public schools held at the time of the acceptance of such agency or attorneyship. Independent Districts at Eleemosynary Institutions. SECTION 176. The State Board of Education is hereby authorized and empowered to create new school districts at such of the several eleemosynary institutions of this State, including the State Orphan Asylum, or at any and all orphan homes or like institutions now existing or that may hereafter be established by the Odd Fellows, Masons, Knights of Pythias and other fraternal organizations; provided only, that the number of children within the scholastic age in each instance be sufficient to justify such action. The territorial limits in each case to be coextensive with the property lines of the institution. SECTION 177. Upon the exercise of the power here granted the State Superintendent of Public Instruction shall appoint a board of three trustees for each district so created, and such trustees need not be residents of such district, and the fact shall be duly certified to local authorities for information and observance and upon the creation of such districts the trustees shall take and certify the census of the children within the scholastic age, and the funds shall thereafter be apportioned directly to such district and the law pertaining to independent districts shall govern so far as applicable, though the State Board of Education may make such special regulations and orders for the government of such districts as they may deem expedient. SECTION 178. Upon the creation of a district as above provided, it shall be the duty of the county school superintendent to transfer to such district whatever amount of money may have been apportioned for the current school year to the old district for and in behalf of the children included in the new district; provided only, such children may not have had the advantage of such fund in the old district. SECTION 179. All provisions of Chapters 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16, of Title LXXXVI, of the Revised Statutes of the State of Texas and all amendments thereto not herein specifically re-enacted are hereby repealed and all laws and parts of laws in conflict herewith are hereby repealed; provided, that none of the provisions of this Act shall apply to the independent school district of San Antonio when the same conflict with the special Act of the Twenty-eighth Legislature incorporating the independent school district of San Antonio; provided, that no provision of this Act shall apply to any city managing its school under special chapter, when the provisions of said chapter are in conflict herewith; and provided further, that nothing herein shall be construed to repeal or modify the provisions of an Act passed at the first called session of the Twenty-eighth Legislature approved May 15, 1903, providing for a uniform system of text-books for use in the public schools of this State. SECTION 180. The confusion arising from conflicting school laws and the lack of provision for the correct enumeration of children within scholastic age and the near approach of the time for the taking of the scholastic census creates an emergency and an imperative public necessity authorizing the suspension of the constitutional rule requiring bills to be read on three several days, 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 the following vote, yeas 17, nays 3; and passed the House of Representatives by a two-thirds vote, yeas 100, nays 4.] [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-CONCERNING INCORPORATION AND REGU LATION OF MUTUAL ASSESSMENT ACCIDENT H. B. No. 65.] INSURANCE COMPANIES. CHAPTER 125. An Act to amend Section 9, of Chapter CXI, of the General Laws of Texas, passed at the Regular Session of the Twenty-eighth Legislature of the State of Texas, entitled "An Act to authorize the incorporation of mutual assessment accident insurance companies, and to control and regulate the same." SECTION 1. Be it enacted by the Legislature of the State of Texas: That Section 9, of Chapter CXI, of the General Laws of Texas, passed at the Regular Session of the Twenty-eighth Legislature of Texas, entitled "An Act to authorize the incorporation of mutual assessment accident insurance companies, and to control and regulate the same," be and the same is hereby amended so as to read as follows: Sec. 9. Each certificate of membership, policy or other contract of insurance issued by such company shall bear on its face in red letters the following words: "The payment of the benefit herein provided for is conditioned upon its being collected by this company from assessments and other sources, as provided in its by-laws;" provided that nothing in this Act shall be construed to prevent the creation of a reserve fund by any such organization, which fund or its accretions, or both, are to be used only for the payment of assessments or death losses, or benefits in case of physical disability, as provided in the bylaws of such corporation; provided, further, that at least sixty per cent of all amounts realized from assessments shall be used only for the payment of losses as they occur, or the balance thereof remaining after paying such losses transferred to such reserve fund; provided, further, that no part of such reserve fund shall be invested except by order of the board of directors in property or securities approved by such board. SEC. 2. There being now no law providing for the incorporation of mutual assessment accident insurance companies, and to control and regulate the same, the crowded condition of the calendar, the near approach of the end of the session, create an emergency and an imperative public necessity requiring bills to be read on three several days be suspended and this bill be placed on 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. COURTS-FIXING JURISDICTION OF, IN NEWTON COUNTY. An Act to restore to and confer upon the county court of Newton County the civil and criminal jurisdiction belonging to such courts under the Constitution and general statutes of the State; to conform the jurisdiction of the district court of said county to such change, and to repeal all laws in conflict with this Act, so far as relates to Newton County. Be it enacted by the Legislature of the State of Texas: SECTION 1. That the county court of Newton county shall hereafter have exclusive original jurisdiction in civil cases where the matter in controversy shall exceed in value two hundred dollars, and shall not exceed five hundred dollars, exclusive of interest, and that it shall have concurrent jurisdiction with the District Court of said county when the matter in controversy shall exceed five hundred dollars; and not exceed one thousand dollars. SECTION 2. Said county court shall have appellate jurisdiction in civil cases over which justice's courts have original jurisdiction when the judgment of the court appealed from or the amount in controversy shall exceed twenty dollars, and said county court shall have power to hear and determine cases brought up from the justice's courts by certiorari under the provisions of the title of the Revised Statutes relating thereto. SECTION 3. The county judge of said county shall have authority, either in term time or in vacation, to grant writs of mandamus, injunction, sequestration, garnishment, attachment, certiorari, supersedeas and all other writs necessary to the enforcement of the jurisdiction of said court, and shall have power to issue writs of habeas corpus in all cases in which the Constitution has not exclusively conferred the power on the district courts or the judges thereof. SECTION 4. Said county court shall have jurisdiction in the forfeiture and judgment of all bonds and recognizances taken in criminal cases of which said court has jurisdiction. SECTION 5. Said county court shall have exclusive original jurisdiction of all misdemeanors, except misdemeanors involving official misconduct, and except in cases in which the highest penalty or fine that may be imposed under the law may not exceed two hundred dollars, and said court shall also have appellate jurisdiction in criminal cases of which justices of the peace and other inferior tribunals of said county have original jurisdiction. SECTION 6. The District Court of Newton County shall no longer have jurisdiction of cases of which the county court of said county, by the provisions of this Act, has exclusive original or appellate jurisdiction; and it shall be the duty of the clerk of the District Court of said county, within thirty days from the passage of this Act, to make a fine and complete transcript of all orders on the dockets and minutes of cases now pending before said district court, of which cases, by the terms of this Act, exclusive jurisdiction is given to said county court, and he shall deliver said transcript together with original papers and certified bill of costs, to the clerk of said county court, and said county clerk shall enter said case or cases on the docket for trial by said county court. SECTION 7. The county court of said county shall hereafter hold its regular terms for civil and criminal business as provided in the Constitution and general laws of the State, and process heretofore issued from the district court of said county in cases to be transferred by this Act to the county court of Newton County, shall be returnable to the first term of the county court held after this Act shall go into effect, and all cases transferred shall be entered as appearance cases upon the docket of said county court. SECTION 8. The county court of Newton county shall have, as now, the general jurisdiction appertaining to probate courts for the probate of wills, appointment of guardians of minors, idiots, lunatics, persons non compos mentis and common drunkards and for the issuance of letters of testamentary and of administration, settlements of accounts of administrators and guardians, and the settlement and distribution of decedents estates, and the apprenticeship of minors and all necessary powers conferred by law on courts of probate. SECTION 9. All laws and parts of laws in conflict with the provisions of this Act, in so far as they relate to Newton County, are hereby repealed. SECTION 10. Whereas, the county court of Newton County is without the jurisdiction necessary for the just and proper administration of the laws, and the want of such jurisdiction is causing the delay of justice in said county, creates such an emergency and imperative public necessity as requires the suspension of the constitutional rule requiring bills to be read on three several days, said rule is therefore suspended, and it is enacted enacted that this Act shall take effect and be in force from and after its passage. [NOTE. The enrolled bill shows that the foregoing act was passed by the Senate by a two-thirds vote, yeas 24, nays 0; and was passed by the House of Representatives by a two-thirds vote, yeas 93, 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 |