in force, and any Acts amendatory thereof as to voting, assessing, levying and collecting taxes for school purposes, and as to voting and issuing coupon bonds of said independent school district for the purpose of purchasing or constructing free school buildings, and as to having full management and control of the public free schools of such incorporated independent school district, and as to the organizing by choosing from their number a president, and by choosing a secretary, a treasurer, and an assessor and collector of taxes.

SECTION 7. The near approach of the close of the present session of the Legislature and the crowded condition of the calendar of both the Senate and House create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be and the same is hereby suspended, and it is so enacted, 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 was passed by the Senate by a two-thirds vote, yeas 23, nays 0; and was passed by the House of Representatives by a two-thirds vote, yeas 99, nays 0.]

Approved April 17, 1905.

Became a law April 17, 1905.

MORTGAGES AND DEEDS OF TRUST-FIXING TIME WITHIN WHICH POWER OF SALE MAY BE EXERCISED.

An Act to fix the time within which the power of sale conferred in mortgages and deeds of trust may be exercised, and after which vendors' liens shall be presumed to be released and satisfied; and to repeal all laws and parts of laws in conflict.

SECTION 1. Be it enacted by the Legislature of the State of Texas: No power of sale conferred by deed of trust or mortgage on real estate executed after this Act shall become operative shall be enforced after the expiration of ten years from the maturing of the indebtedness secured thereby; and any sale under such power after the expiration of such time shall be void, and such sale may be enjoined.

SEC. 2. When a vendor's lien is retained to secure purchase money in any sale of real estate after this Act shall become operative, the right to recover such real estate by virtue of the superior title retained shall be barred after the expiration of ten years from the maturity of the debt, and if suit is not brought for recovery of such real estate within such term, the purchase money therefor shall be conclusively presumed to have been paid.,

SEC. 3. It is further enacted that when the date of maturity of the debt referred to in either of the foregoing Sections is extended, if the contract of extension is not signed and acknowledged according to law by the parties to the contract of extension and filed in the county clerk's office of the county in which the land is situated, the date of maturity as set out in the deed of trust, mortgage or deed, as the case may be, or, if

there be one or more extensions of the date of maturity, the date of maturity set out in the latest contract of extension so acknwledged and filed, shall be conclusive evidence of the date of maturity of the indebted

ness.

SEC. 5. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed.

SEC. 6. The great necessity for this law, and the near approach of adjournment of the Legislature creates a public necessity, and an imperative emergency requiring that the rule that bills be read on three several days in each house be suspended, 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 House of Representatives, no vote given; it was referred to the Senate, where it was amended and passed by a two-thirds vote, yeas 24, nays 0; the House of Representatives concurred in the Senate amendments, no vote given.]

Approved April 17, 1905.

Takes effect 90 days after adjournment.

CORPORATIONS-PROHIBITING

MEMBERS OF. WHOSE

CHARTERS HAVE BEEN FORFEITED, FROM DOING
BUSINESS, UNDER OLD NAME.

An Act to provide that no member or officer of any corporations with forfeited charters and permits shall continue to do business under their old corporate names, not to use the same or like signs or advertisements which was used by such corporations before such forfeitures; making the failure to comply with this Act a misdemeanor and prescribing a punishment therefor.

Be enacted by the Legislature of the State of Texas:

SECTION 1. That hereafter when any charter or permit heretofore or hereafter granted under the laws of the State of Texas to any corporation to do business in said State, shall have been forfeited, it shall be unlawful for any persons who were members or officers of said defunct corporation at the time of such forfeiture to do business in Texas under the old corporate name of such corporation, or to use the same or like signs or advertisements which were used by such corporation before such forfeiture, and any such person so violating this law shall be deemed guilty of a misdemeanor and conviction shall be fined in any sum not more than one thousand dollars, nor less than two hundred and fifty dollars; provided, this shall not apply where the charter of a corporation has been revived in the manner provided by law and is at the time in good standing.

Approved April 17, 1905.

Takes effect 90 days after adjournment.

ESTATES, COMMUNITY-PROVIDING FOR RETURN OF INVENTORY LIST OF CLAIMS AND INDEBTEDNESS.

An Act providing for return of inventory list of claims and list of indebtedness in the administration of community estates; Act to amend Article 2224, Chapter XXVIII, Title XXXIX of the Revised Civil Statutes of the State of Texas.

Be enacted by the Legislature of the State of Texas:

That Article 2224, of Chapter XXVIII, Title XXXIX of the Revised. Civil Statutes of the State of Texas be so amended as hereafter to read as follows:

Article 2224. It shall be the duty of the surviving husband or wife of community estates, with the assistance of any two of the appraisers, to make out a full, fair and complete inventory and appraisement of such community estate, and the survivor shall attach thereto a list of all community debts due the estate and shall also attach thereto a list of all indebtedness due by said community estate to other parties, giving the amount of each debt and the name of the party or partics to whom it is due and his or their postoffice address, and such inventory, list of claims, and list of indebtedness of said community estate shall be sworn to by said survivor, and the inventory, appraisement and list of claims due. said community estate shall be sworn to by said appraisers and said inventory appraisement, list of claims due said estate and list of indebtedness due by said estate shall be returned to the court within twenty days from the date of the order appointing appraisers in like manner as other administrations.

SECTION 1. The fact that there is not now a proper law governing such matters, creates an emergency and an imperative public necessity requiring the suspension of the constitutional rule, which requires 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.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 22, nays 0; and passed the House of Representatives by the following vote, yeas 79, nays 8.]

Approved April 17, 1905.

Takes effect 90 days after adjournment.

RAILROADS-PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX ON THE GROSS

An Act imposing a tax upon railroad corporations, the receivers thereof, and other persons, firms and associations of persons owning, operating, managing or controlling any line of railroad in this State, for the transportation of passengers, freight and baggage, or either, equal to one per cont of their gross receipts, and providing for the collection and payment thereof; and repealing the existing tax on the gross passenger earnings of railroads.

SECTION 1. Be it enacted by the Legislature of the State of Texas: Every railroad corporation, or the receiver thereof, and every other per

son, firm or association of persons, owning, operating, managing or controlling any line of railroad in this State, for the transportation of passengers, freight and baggage, or either, shall pay to the State an annual tax for the year 1905, and for each calendar year thereafter, equal to one per centum of its gross receipts, if such line of railroad lies wholly within the State; and if such line of railroad lies partly within and partly without the State, it shall pay a tax equal to such proportion of the said one per centum of its gross receipts as the length of the portion of such line within the State bears to the whole length of such line; provided, that if satisfactory evidence is submitted to the Comptroller at any time prior to the date fixed in Section 2 of this Act for the payment of the tax herein imposed, that any other proportion more fairly represents the proportion which the gross receipts of any such railroad for any year within this State bears to its total gross receipts, it shall be his duty to levy and collect for such year from such railroad a tax equal to such other proportion of one per centum of its total gross receipts.

SEC. 2. For the purpose of determining the amount of such tax, the president, vice president, general manager, treasurer or superintendent of such railroad corporation, or the receiver thereof, or such other person, firm or association of persons shall, on or before the first day of October, 1905, and annually thereafter, report to the Comptroller of Public Accounts, under oath, the gross receipts of such line of railroad, from every source whatsoever, for. the year ending on the 30th day of June last preceding, and shall immediately pay to the State Treasurer the annual tax herein imposed, calculated on the gross receipts so reported. The Comptroller shall have power to require such other reports and affidavits as may in his judgment be necessary to protect the interests of the State, and he shall estimate such tax on the true gross receipts thereby disclosed, and assess and enforce the collection of such tax.

SEC. 3. Every person required to make reports by this Act, or by the Comptroller of Public Accounts, under the powers herein given, who shall fail or refuse to make such reports, for a longer period than thirty days, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than one hundred nor more than five hundred dollars, and each day of failure or refusal after said thirty days shall constitute a separate offense.

SEC. 4. Should such report not be filed with the Comptroller, and the annual tax thereon estimated paid to the Treasurer on or before the first day of October of any year, a penalty of ten per centum upon the amount of such tax shall accrue thereon and be added thereto; and in case such report is not made or such tax and the penalty thereon are not paid on or before the first day of November thereafter, or in case of a failure to furnish the additional report or affidavit required by the Comptroller, for a longer period than thirty days, after demand therefor, or in case of failure to pay within thirty days any tax or additional tax assessed by the Comptroller, under this Act, every such railroid corporation, or receiver thereof, or other such person, firm or association of persons shall forfeit and pay to the State the sum of two hundred dollars for each day any of said reports or payments may be delayed, after the expiration of such periods respectively.

SEC. 5. The Attorney General is authorized and required, upon request by the Comptroller, to bring suit in the name of the State, in Travis county, against the proper parties defendant, to recover all taxes, penalties and forfeitures mentioned in this Act, and venue and jurisdiction of such suits is hereby expressly conferred upon the courts of Travis county. Service of all process issued in such suits may be had upon any officer or agent of such person, firm, association of persons, corporation, or receiver thereof, within this State, and such service shall in all respects be held legal and valid.

SEC. 6. The tax provided for by this Act shall be in addition to all other taxes levied by law. Sub-division 36, of Article 5049, Revised Statutes of 1895, and any existing statute imposing a tax upon the gross passenger earnings of railroads, is hereby repealed.

SEC. 7. The tax imposed by this Act shall not be levied upon or collected from any person, firm, association, corporation, or receiver owning, operating, managing or controlling any line of railroad in this State after such person, firm, association, corporation or receiver shall have paid the tax upon its intangible assets as provided for in an Act of the Twenty-ninth Legislature entitled "An Act for the taxation of the intangible assets of certain corporations, and to provide for the creation of a State Tax Board for the valuation of such intangible assets, and for the distribution of said valuation for local taxation, and for the assessment of said assets; and the levy and collection of taxes thereon," while the same may be in force and effect.

SEC. 8. The depleted condition of the treasury, and the fact that the railroads of the State under existing laws pay far less than their fair share of the expenses of the State government, creates an emergency within the meaning of the Constitution, and an imperative public ncessity 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 pasage; and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by the following vote, yeas 70, nays 31; it was referred to the Senate, where it was amended and passed by a twothirds vote, yeas 29, nays 1; the House of Representatives concurred in the Senate amendments, no vote given.]

Approved April 17, 1905.

Takes effect 90 days after adjournment.

COURTS-REORGANIZING THE TWENTY-EIGHTH JUDICIAL DISTRICT.

An Act to reorganize the Twenty-eighth Judicial District of the State of Texas; to fix the times for holding the terms of court therein; 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: The Twenty-eighth Judicial District of the State of Texas shall be