an imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and said rule is therefore suspended and 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, no vote given; and passed the Senate by a two-thirds vote, yeas 24, nays 1.] Approved April 17, 1905. Takes effect 90 days after adjournment. RAILROADS-REQUIRING WATER CLOSETS TO BE An Act to compel railroad and railway corporations to erect and maintain water closets or privies at passenger stations, to regulate the same, to fix penalties and authorize suits therefor, with an emergency clause. Be it enacted by the Legislature of the State of Texas: SECTION 1. That each railroad and railway corporation operating a line of railway in the State of Texas for the transportation of passengers thereon, shall hereafter be required to construct, maintain and keep in a reasonably clean and sanitary condition, suitable and separate water closets or privies for both male and female persons at each passenger station on its line of railway, either within its passenger depot or in connection therewith, or within a reasonable and convenient distance therefrom at such station, for the accommodation of its passengers who are received and discharged from its cars thereat, and of its patrons and employes who have business with such railroads and corporations at such stations. SECTION 2. That said railroads and corporations are hereby required to keep said water closets and depot grounds adjacent thereto well lighted at such hours, in the night time, as its passengers and patrons at such stations may have occasion to be at the same, either for the purpose of taking passage on its trains or waiting for the arrival thereof, or after leaving the same and for at least one hour both before the schedule time for the arrival of its said trains and after the arrival thereof at said station; provided, that said railroads and corporations shall not be required by the provisions hereof to keep said closets lighted at such stations where the said railroads do not receive and discharge thereat, in the night time passengers on and from its cars. SECTION 3. Any railroad or railway corporation which fails, neglects or refuses to comply with the provisions of this Act shall forfeit and pay to the State of Texas the sum of one hundred dollars for each week it so fails and neglects. The county attorney of the county in which such station is located, and in case there is no such county attorney, then the attorney for the district including said county, shall upon credible information furnished him, institute suit or suits in the name of the State of Texas against such defaulting railroad or railway corporation for recovery of said penalty, and in case of said recovery the said attorney shall be entitled to one-fourth the amount thereof as commission for his said services, and the remainder thereof shall be paid into the road and bridge fund of said county; provided, that the State of Texas shall in no event be liable for any costs in suits authorized to be brought by this Act to enforce its provisions. SECTION 4. The failure of railway corporations to provide and maintain water closets at their passenger depots in this State, and the great inconvenience to the traveling public by reason of such failure, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days should be, and the same is hereby suspended, and that this Act take effect from and after its passage, and it is so enacted. [NOTE. The enrolled bill shows that the foregoing act passed the Senate, no vote given; and passed the House of Representatives, no vote given.] Approved April 17, 1905. Takes effect 90 days after adjournment. CITIES AND TOWNS-PROVIDING FOR DISPOSITION OF CORPORATE PROPERTY, ETC. An Act to provide for the disposition of the corporate property and for the levy, assessment and collection of taxes to pay existing indebtedness of incorporated cities and towns which have heretofore or may hereafter abolish their corporate existence, and to repeal all laws in conflict herewith. Be enacted by the Legislature of the State of Texas: SECTION 1. That in all cases where any city or town having theretofore had a valid corporate existence under the laws of the State of Texas, and has abolished said corporate existence in the manner provided by law, and in all cases where any city or town having a valid corporate existence under such laws, may hereafter abolish their corporate existence, any creditor of any such city or town may apply to the judge of the district court of the judicial district in which such city of town may be situated for the appointment of a receiver for said corporation, and after having posted up in at least three public places in the county wherein such city or town is located, one of which shall be in said city or town, written notices stating the substance of the application, when and before whom the same will be heard, such judge, either in term time or vacation, may appoint a suitable person as such receiver for such corporation, and shall fix the amount of bond to be given by such receiver in at least double the probable amount of the indebtedness or value of the property of such city or town, conditioned for the faithful performance of his duties as such officer and for the paying over and delivery of all money and property coming into his hands as such receiver to the party or parties entitled to receive same, such bond to be approved by the judge making the appointment, and same, together with the order of appointment, shall be filed with and recorded in the minutes of said court by the clerk of the district court of the county wherein such city or town is situated. SECTION 2. A receiver appointed under the preceding section, after having given the required bond, and after having same filed and recorded. as therein directed, shall take charge of all the real and personal property, including moneys, minute books, ordinances, etc., except such property as pertains to the public free schools or devoted exclusively to public use, and shall return an inventory of all such property, money, books, etc., so received by him to the next succeeding term of the district court for the county in which such city or town is situated; and for the purpose of securing such property, money, books, etc., he may under the order of said courts, or the judge thereof, made in vacation, bring suit or suits against any person or persons in possession of such property, books or moneys, or indebted to said city or town the same as such city or town could were it still incorporated. Any person, firm or corporation having any claim against such city or town shall, within six months from the appointment of said receiver, present to him a statement of the amount of such claim, duly verified, which if he finds correct he will mark allowed and file same in said district court, and at its next regular term, if no protest be filed as hereinafter provided, said claim shall be approved by said court, and shall thereafter be considered a valid debt against such city or town; provided, however, that no such claim or account against such city shall be allowed or approved by the Receiver of such city without notice of the presentment thereof first having been given, by publication in some newspaper, if any in the town or city where same is filed or presented, for four successive weeks, and in case there be no newspaper published in such town or city, then by posting written or printed notice of the presentment of such claim; to be posted at the courthouse door of the county in which said town or city is situated for four weeks prior to the allowance of said claim or account. And such notice whether published or posted, shall state the name and residence of the creditor, the amount and date of said claim and account and for what purpose incurred. In case such receiver finds any claim so presented to him unjust in whole or in part he shall endorse his finding thereon and return same to the claimant, who may file same with the district court if he desires to accept the finding of the receiver, and such claim for the amount allowed by the receiver may be acted upon by the said court as other claims. In case any protest by any tax payer of said city or town be filed against any claim filed in said court, together with a bond with sufficient sureties, to be approved by said court, that he will pay all costs of suit in case said claimant establishes his claim in full in any State court in which he may sue thereon, then such district court shall refuse to approve such claim until it shall have been established by judgment recovered thereon in a State court of competent jurisdiction, and such suit to establish such claim, or any claim disallowed in part or in whole, may be brought against the receiver, who shall make all legal defenses against such claim; but the court trying said claim is hereby authorized to hear and consider any material defense that may be or may have been urged against said claim, except that of limitation, though such claim, prior thereto, may have been reduced to judgment, but such judgment shall be considered, upon such trial as prima facie evidence of the justness of such claim. Any judgment recovered against such receiver upon a claim against such city or town shall be allowed by the receiver and approved by the district court wherein the receivership is pending, but in all suits upon claims wherein protest and bond were filed in the district court, the claimant shall be liable for the costs of the suit unless he recovers judgment for the full amount for which he asked the approval of the said district court, and in suits upon claims rejected in part by the receiver, the claimant shall be liable for the costs of the suit unless he establishes his claim for a greater amount than was allowed by the receiver. SECTION 3. Limitations shall not run, begin to run, or be plead against any claim against such city or town at any time prior to six months after the appointment of such receiver. But no receiver shall be appointed for any such city or town whose corporate existence is now dissolved. When the application therefor is not filed in said court within two years from the date when this Act take effect. No suit shall be brought against such receiver upon any claim against the allowance of which a protest has been filed as herein provided for, at any time after six months from the date of filing such protest, nor after the expiration of six months from the date of the disallowance of any such claim in whole or in part where the claim has not been filed in the District Court after such disallowance as hereinbefore provided. SECTION 4. It shall be the duty of the District Court of the county in which such town or city is situated and in which such receivership is pending to provide for the payment of all claims legally established against such city or town, and to determine the priority of any claims, and to order the sale of all property in the hands of the receiver subject to sale for such purpose, and to direct such receiver to pay such claims, and in case the money and proceeds of property are insufficient to pay such indebtedness, then it shall be the duty of said court, at the request of any creditor, at the first regular term of said court in each year, to levy a tax upon all the property and real and personal estate situated within the limits of said city or town, as previously incorporated, on the first day of the preceding January not exempt from taxation under the Constitution and laws of this State sufficient to discharge the indebtedness, but not to exceed the rate allowed by existing law for such purposes in incorporated cities and towns. It shall be the duty of such receiver, in case of levy, to assess all the property all estate within such limits in the same manner as is provided by law for the assessment of such property by the County Assessor, and he will value such property the same as the valuation placed thereon by such assessor and the county equalization board, and he will make out a tax roll and collect the taxes under such levy and assessment in the same manner and time as is provided by law for the assessment and collection of taxes of incorporated cities and towns under Title 18 of the Revised Statutes. Suits may be brought by the receiver against delinquents and a lien shall exist upon all property for such taxes the same as though the corporate existence of such city or town had never been abolished, and such levy and assessment had been made by its council and assessor. SECTION 5. Receivers appointed under the provisions of this act shall receive such compensation as may be allowed by the court, and same, together with all court costs and expenses, shall constitute a prior claim against such city or town, and shall be first paid out of any money on hand or collected, and in case of taxation the money collected each year shall be paid pro rata upon all claims according to their priorities until all claims established and all costs and expenses are fully paid, and on final settlement of such receivership any money or property left on hand shall be turned over to the trustees or other officers in charge of the public free school situated in said city or town for the benefit of such school. SECTION 6. All laws and parts of laws in conflict herewith are hereby repealed. SECTION 7. Whereas, the crowded condition of the calendar of the Senate and House is such, and there being no adequate law in force whereby creditors of defunct corporations can collect the just debts due therefrom, create a public imperative necessity that the constitutional rule requiring bills to be read on three several days should be and the same is hereby 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 Senate, no vote given; and passed the House of Representatives, no vote given.] Approved April 17, 1905. Takes effect 90 days after adjournment. ITASCA INDEPENDENT SCHOOL DISTRICT-INCORPORATION OF. S. B. No. 314.] CHAPTER 135. An Act to incorporate Itasca School District in Hill County as an Independent School District; and to provide for the election of trustees, raising revenue by taxation, issuing bonds and maintaining public free schools therein. Be enacted by the Legislature of the State of Texas: SECTION 1. That the school district now known as Itasca School District No. 72, in Hill County, be and the same is hereby incorporated as an independent school district; and hereafter the same shall be known as the Itasca Independent School District, and said independent school district shall be bounded and described, and contain the same territory, as the said Itasca School District No. 72, as the same appears of record on page 20, volume "F" of the minutes of the commissioners court in and for said Hill County; and so much of said record as defines the boundaries and area of said Itasca School District No. 72, is hereby made a part of this Act for the purpose of defining the boundaries and area of said Itasca Independent School District. SECTION 2. Said Itasca Independent School District shall have and enjoy all the rights, powers and privileges that are now, or may hereafter be granted by law, to towns and villages incorporated for free school pur |