lication shall not exceed one, dollar, and in no case shall any prisoner be paroled, unless there is in the judgment of the Penitentiary Board reasonable ground to believe that he will, if released, live and remain at liberty, without violating the law, and that his release is not incompatible with the welfare of society, and such judgment shall be based upon the record and character of the prisoner established in prison, and his general reputation for honesty and peace prior to conviction. And no petition or other form of application for the release of any prisoner shall be entertained by the said Board and no attorney or outside persons of any kind shall be allowed to appear before the Penitentiary Board, as applicants for the parole of a prisoner. But these requirements shall not prevent the said Board from making such inquiries as they may deem desirable in regard to the previous history or environment of such prisoner and in regard to his probable surroundings if paroled; but such inquiries shall be instituted by the Penitentiary Board, Superintendent and Assistant Superintendent, Board of Pardons, and all such information thus received shall be considered and treated as confidential.

SECTION 4. The provisions of this Act shall not apply to any convict, unless it be his first conviction for a felony.

SECTION 5. The provisions of this Act shall apply to all convicts except those convicted of rape, robbery by the use of firearms, or any deadly weapon, and murder; provided, that any person convicted of murder in the first degree and robbery by use of firearms, or any deadly weapon, may be paroled after serving (15) fifteen years without commutation for good behavior; and any person convicted of murder in the second. degree may be paroled after serving (10) ten years without commutation for good behavior.

SECTION 6. And it is hereby provided that any prisoner violating the conditions of his parole, as prescribed by rules issued by said Board, when by a formal order entered in the proceedings of same, or issued by the Superintendent of Penitentiaries, he is declared delinquent, shall thereafter be treated as an escaped prisoner, owing service to the State, and shall be liable when arrested to serve out the unexpired period, and the time from the date of his declared delinquency to the date of his arrest shall not be counted as any part or portion of time served. Any prisoner at large upon parole, committing a fresh crime, and upon conviction thereof, being sentenced anew to the Penitentiary, shall be subject to serve a second sentence after the first sentence is served, or annulled, to commence from the date of termination of his liability upon the first or former sentence.

SECTION 7. When a convict who has been paroled shall have complied with the rules and conditions governing his parole until the end of the term to which he was sentenced, and without a revocation of his parole, he shall upon a written or printed discharge from the Superintendent and Penitentiary Board, setting forth these facts be entitled to a restoration of his citizenship by the Governor of the State of Texas.

SECTION 8. There being many worthy and meritorious convicts in the penitentiary, who are entitled to the benefits of this bill, therefore an emergency exists and an imperative public necessity is thereby created, requiring the suspension of the constitutional rule requiring bills to be

read on three several days and that such is therefore suspended and that this Act take effect from and after its passage.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 26, nays 1; and passed the House of Representatives, no vote given.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval, on the 21st 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.

LANDS-LIMITING TIME TO BRING SUITS FOR SCHOOL, UNIVERSITY OR ASYLUM.

An Act to prescribe a period of limitation within which any person claiming the right to purchase or lease public free school, State University or asylum lands heretofore sold or leased to others, shall bring his suit therefor.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That hereafter all persons claiming the right to purchase or lease any public free school lands, or any lands belonging to the State University, or either of the State asylums which have been heretofore or which may be hereafter sold or leased to any other person under any provision of the law authorizing the sale or lease of any of said lands, shall bring his suit therefor within one year after this Act goes into effect, or after the date of the award of such sale or lease, if such award is made after the taking effect of this Act, and not thereafter.

SEC. 2. If no suit has been instituted by any person claiming the right to purchase or lease any of said land within the period of time. limited in the first section of this Act, it shall be conclusive evidence that all the requirements of the law with reference to the sale or lease of such lands have been complied with; provided that nothing in this Act shall be construed to effect the State of Texas in any action or proceeding that may be brought by it in respect to any of said lands.

Approved March 16, 1905.

Takes effect 90 days after adjournment.

SAME OF COUNTIES

COUNTY RECORDS-VALIDATING

ORGANIZED PRIOR TO JANUARY 1, 1882.

An Act to provide that all volumes, constituting a portion of the records of any county organized prior to January 1, 1882, wherein are recorded deeds, mortgages or trust deeds or other muniments of title to real estate situated in such county, which volumes and records are now and since the 1st day of January, 1882, have been constantly among the archives of such county as records thereof, shall be and are declared to be in all respects lawful and valid records of such counties respectively, for all purposes whatsoever relating to titles to real estate, and to provide that certified copies of instruments recorded in said volumes made in accordance with law shall have the force and effect that certified copies of original records have in organized counties, and that same may be used for all lawful purposes for certified copies of original records in ordinary cases in organized counties.

Whereas, muniments of title to real estate lying in certain counties in the State of Texas, which prior to 1882 were unorganized counties, have been heretofore recorded in separate volumes by the recording clerks of the counties to which such unorganized counties were at the time attached for some lawful purpose; and

Whereas, such separate volumes were subsequently transferred bodily to other counties in Texas, to which such unorganized counties were by law subsequently attached, and again used by the recording clerk for recording instruments affecting lands in such unorganized counties; and

Whereas, said separate volumes were subsequently, upon the organization of such counties, transported bodily to the county seat thereof and delivered to the respective recording clerks thereof, and have continuously since constituted a portion of the records of such counties, having in some instances muniments of title recorded therein by the county clerk thereof, after such organization; and

Whereas, some doubt has arisen as to the sufficiency of same to give constructive notice of the contents of such volumes so removed from county to county, and of the validity thereof; therefore

SECTION 1. Be it enacted by the Legislature of the State of Texas: That all volumes constituting a portion of the records of any county organized prior to January 1, 1882, wherein are recorded deeds, mortgages or trust deeds, or other muniments of title to real estate situated in such county, which volumes and records are now and have been constantly among the archives of such county, as records thereof, shall be and the same are hereby declared to be in all respects lawful and valid records of such counties respectively, for all purposes whatsoever relating to titles to real estate, as effectively as if such books and records were originally records of such counties, respectively, and as fully and completely as if such counties had been duly organized at the dates of the filing for record of the instruments recorded therein, as shown therein.

SEC. 2. Certified copies of the instruments recorded in said volumes, made in accordance with law, shall have the force and effect that certified copies of original records have in organized counties, and same may be used for all purposes lawful for certified copies of original records in ordinary cases in organized counties.

SEC. 3. Whereas, great difficulty is experienced by real property owners in establishing titles to land lying in counties having records affected by this law, by reason of such defective records and doubt as to the validity thereof, an imperative public necessity exists and an emergency requiring the suspension of the constitutional rule providing that bills be read on three several days, which said rule is hereby suspended, and 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, no vote given; it was referred to the Senate where it was amended and passed by the following vote, yeas 19, nays 1, present and not voting 1; and the Senate amendments were concurred in by the House of Representatives, no vote given.]

Approved March 16, 1905.

Takes effect 90 days after adjournment.

COURTS-REORGANIZING THE EIGHTEENTH, AND CREATING THE SIXTY-SIXTH JUDICIAL DISTRICT.

An Act to re-organize the Eighteenth Judicial District, and to create the Sixty sixth Judicial District of the State of Texas; prescribing the times of holding the district courts therein; and providing for the appointment of a district judge for the Sixty-sixth Judicial District.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the counties of Johnson and Bosque be and the same are hereby constituted the Eighteenth Judicial District.

SEC. 2. That the county of Hill be and the same is hereby constituted the Sixty-sixth Judicial District.

SEC. 3. That the district courts in the counties comprising the said Eighteenth Judicial district shall be holden as follows:

In the county of Johnson, on the first Monday in January, and may continue in session until and including Saturday before the third Monday in March. On the first Monday in May, and may continue in session until and including Saturday before the first Monday in July. On the first Monday in October, and may continue in session until and including Saturday before the first Monday in December.

In the county of Bosque, on the third Monday in March, and may continue in session until and including Saturday before the first Monday in May. On the first Monday in September, and may continue in session until and including Saturday before the first Monday in October. On the first Monday in December and may continue in session until and including Saturday before the first Monday in January.

SEC. 4. That the district court in the said Sixty-sixth Judicial District shall be holden as follows:

On the first Mondays in January, March, May, July, September and November of each year, and each term of said court shall continue in session until the Saturday before the beginning of the next succeeding term, or until all the business is disposed of.

SEC. 5. That all process and writs issued out of the district courts of said counties constituting the said Eighteenth and Sixty-sixth Judicial Districts prior to the taking effect of this Act are hereby made returnable to the terms of said courts as 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 obligations 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 counties in the district courts thereof, shall be as valid as if no change had been made in the said districts and the times of holding the courts therein.

SEC. 6. Should any district court in either of said counties of Hill, Johnson or Bosque, be in session under existing law when this Act takes effect, the same shall continue, and end its term under such existing law; and process, writs, judgments and decrees shall be valid, and shall not be affected by the change in said districts and the times of holding courts therein made by this Act.

SEC. 7. That immediately after the passage of this Act, the Governor shall appoint a suitable person, possessing the qualifications prescribed for district judges in this State, as judge of the Sixty-sixth Judicial District, who shall hold his office until the next general election for State and county officers, and until his successor shall be elected and qualified.

SEC. 8. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

SEC. 9. The near approach of the end of the session, and the crowded. condition of the dockets in Hill County, create an emergency and an imperative public necessity demanding that the constitutional rule requiring that bills be read on three several days be suspended, and that this Act take effect from and after its passage.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by the following vote, yeas 69, nays 21; and passed the Senate by a two-thirds vote, yeas 22, nays 3.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 21st 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.