SECTION 2. That the District Court of Gray county shall have and exercise jurisdiction in all civil and criminal matters and causes over which, by the laws of this state, the county court of said Gray County would have jurisdiction, except as provided in Section 1 of this act; all causes, other than probate matters and such as are provided by Section 1 of this Act, be and the same are hereby transferred to the District Court of Gray county, and all writs and process relating to any civil or criminal matters included in the subject matter of jurisdiction prescribed in Section 1 of this Act, issued by or out of said County Court of Gray County, be and the same are hereby made returnable to the next term of the District Court of said county after this act takes effect.

SECTION 3. That the county clerk of Gray county be and he is hereby required, within thirty days after this act takes effect, to make a full and complete transcript of all entries upon his civil and criminal docket. heretofore made in cases which by Section 2 of this Act, are required to be transferred to the District Court of said county, together with all the papers pertaining to such case, a certified bill of costs in each case and all such cases shall be immediately docketed by the District Court as appearance cases for the next succeeding term, and all criminal cases shall be docketed and disposed of in the same manner as if the same had been originally filed in and triable in said District Court, and all process now issued and returnable to said County Court shall be returnable to said District Court.

SECTION 4. That this Act shall not be construed to in anywise or manner affect judgments heretofore rendered by said County Court of Gray County pertaining to matters and causes which by Section 2 of this Act are transferred to the District Court of said County, but the county clerk of said county shall issue all executions, and orders of sale, and proceedings thereunder, and his act in so doing shall be valid and binding to all intents and purposes, the same as if no change had been made as by Section 2 therein contemplated.

SECTION 5. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

SECTION 6. Owing to the great expense and inconvenience caused the people of Gray county in attending and maintaining two courts when the work could be done by one court, and the further fact the country is thinly settled and but little litigation required and the citizens of the county almost unanimously demand that the jurisdiction of the county court be diminished, an emergency is created and an imperative. public necessity requires the constitutional rule requiring bills to be read on three several days be suspended, and said rule is therefore 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 bill passed the House of Representatives by a two-thirds vote, 116 yeas, nays 0; and passed the Senate by a two-thirds vote, yeas 25, nays 0.]

Approved January 25, 1905.

Became a law January 25, 1905.

COURTS-FIXING JURISDICTION OF, IN TRINITY COUNTY. H. B. No. 58.]

CHAPTER 6.

An Act to restore and confer upon the county court of Trinity county the civil and criminal jurisdiction heretofore belonging to said court under the Constitution and General Laws of the State of Texas; to define the jurisdiction of said court; to conform the jurisdiction of the district court of said county to such change; to fix the time of holding court; to repeal all laws and parts of laws in conflict with this act; and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the county court of Trinity county shall hereafter have exclusive original jurisdiction in civil cases wherein the matter in controversy shall exceed in value two hundred dollars and shall not exceed five hundred dollars, exclusive of interest, and shall have concurrent jurisdiction with the district court of said county when the amount in controversy shall exceed five hundred dollars and shall not exceed one thousand dollars, exclusive of interest, but shall not have jurisdiction of suits for the recovery of land nor of other suits of which the district courts have exclusive jurisdiction under the Laws of this State.

SEC. 2. Said county court shall have appellate jurisdiction in civil cases over which justices' courts have original jurisdiction, when the judgment of the court appealed from, or the amount in controversy, shall exceed twenty dollars, exclusive of costs, and said court shall have power to hear and determine cases brought up from justices' courts by certiorari, under the provisions of the Title of the Revised Statutes of Texas relating thereto.

SEC. 3. Said county court shall have exclusive original jurisdiction of all misdemeanors except misdemeanors involving official misconduct, and except misdemeanors in which the highest penalty that may be imposed by law is a fine that does not exceed two hundred dollars; and said court shall have concurrent jurisdiction with that of justices of the peace in criminal cases, and appellate jurisdiction with trial de novo in criminal cases in which justices of the peace and other inferior tribunals of said county have original jurisdiction.

SEC. 4. Said county court shall have jurisdiction of the forfeiture and judgment of all bonds and recognizances taken in criminal cases of which said court has original or appellate jurisdiction.

SEC. 5. Said county court shall have and exercise the general jurisIdiction of a probate court; shall probate wills, appoint guardians of minors, idiots, lunatics, persons non compos mentis and common drunkards; grant letters testamentary and of administration; settle accounts of executors, administrators and guardians; transact all business pertaining to the estates of deceased persons, minors, idiots, lunatics, persons non compos mentis and common drunkards, including the partition, settlement and distribution of estates of deceased persons; to apprentice minors as provided by General Law; and to issue all writs necessary for the enforcement of its jurisdiction, orders and decrees.

SEC. 6. Said county court shall also have power to hear and determine all motions against sheriffs and other officers of the court for failure to pay over moneys collected under process of said court, or other defalcation of duty in connection with said process, and shall have power to punish by fine not exceeding one hundred dollars, and

by imprisonment in the county jail not exceeding three days, any person guilty of contempt of said court; and shall have and exercise such powers and jurisdiction over and pertaining to all matters and things and proceedings as by the Constitution and General Laws of this State is conferred upon county courts.

SEC. 7. The judge of said county court shall have authority in term time or in vacation to grant writs of injunction, sequestration, mandamus, garnishment, attachment, certiorari, supersedeas, and all other writs necessary to the enforcement of the jurisdiction of said court, and shall also have power to issue writs of habeas corpus in all cases in which the Constitution has not exclusively conferred the power on the district court, or judge thereof.

SEC. 8. The district court of said county shall no longer have jurisdiction of misdemeanors, except misdemeanors involving official misconduct, and shall no longer have jurisdiction of cases of which the county court of said county, by the provisions of this Act, has original or appellate jurisdiction.

SEC. 9. No appeal or writ of error shall be taken to the court of civil appeals from any final judgment of said county court in civil cases of which said courts have appellate or original concurrent jurisdiction with. the justices' courts, where the judgment or amount in controversy does not exceed one hundred dollars, exclusive of interest and cost.

SEC. 10. It shall be the duty of the district clerk of said county, within thirty days after this Act shall take effect, to make full and complete transcripts of orders in cases on the criminal and civil dockets then pending before the district court of said county, of which cases, by the provisions of this Act, original and appellate jurisdiction is given to said county court, and to deliver said transcripts, together with the original papers and a certified bill of costs in each case, to the county clerk of said county, and the said county clerk shall file the same and enter said cases as appearance cases on the respective dockets for trial by said court.

SEC. 11. Said county court shall hereafter hold its regular terms for civil and criminal business on the first Monday in January, April, July and October of each year, and may continue in session three weeks each term; provided, the county commissioners' court of said county may hereafter change the terms of said court whenever it may be deemed necessary; and process heretofore issued from the district court of said county in cases to be transferred under this Act to the county court, shall be returnable to the first term of the county court.

SEC. 12. All laws and parts of laws in conflict with this Act be and the same are hereby repealed.

SEC. 13. The crowded condition of the district court dockets of said county, and the importance of restoring the jurisdiction of the county court of said county, to the end that pending and further litigation. may be disposed of without delay, create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended, and said rule 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 by a two-thirds vote, yeas 114, nays 0; and passed the Senate by a two-thirds vote, yeas 25, nays 0.]

Approved January 25, 1905.

Became a law January 25, 1905.

ALAMO-PROVIDING FOR THE PURCHASE, CARE AND PRESERVATION OF.

An Act to provide for the purchase and conveyance to the State of Texas of the land in the City of San Antonio known as the Hugo & Schmeltzer Company property, which was a part of the Alamo Mission; and for the care and preservation of said property, and of the Alamo church property now owned by the State; and appropriating the sum of Sixty-five Thousand Dollars ($65,000) to carry out the provisions of this Act.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the Governor of the State of Texas be and he is hereby authorized to purchase at a price not to exceed Sixty-five Thousand Dollars ($65-, 000), and to procure to be executed to the State of Texas by the owners of the property hereinafter mentioned a good and sufficient conveyance in fee of all the land in the City of San Antonio, Texas, known as the Hugo & Smeltzer Company property, formerly a part of the old Alamo Mission and adjoining the Alamo Church property now owned by the State; beginning at a stake set on the west bank of the Alamo Ditch, being the south-east corner of this tract, and the north-east corner of the tract heretofore sold to the State of Texas, and known as the Alamo; thence north, 79 1-3° west, 200 feet and 2 2-5 inches; thence north 11°, 33′ east, 191.52 feet; thence south, 79.1° east, 272.22 feet; thence with the meanders of said Ditch to the place of beginning; and bounded on the north by Houston street, and on the east by the Alamo Ditch, and on the south by the Alamo and the Alamo Plaza, and on the west by the Alamo Plaza.

SEC. 2. The sum of Twenty-five Thousand Dollars ($25,000) is hereby appropriated, to be available during the fiscal year ending August 31st, 1905, out of any money in the State Treasury not otherwise appropriated, in part payment of the purchase price of said tract, to be expended during the fiscal year ending August 31st, 1905; and the further sum of Forty Thousand Dollars ($40,000), or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury not otherwise appropriated, as the balance of the purchase price of said tract, to be expended during the fiscal year ending August 31st, 1906. But no part of said money shall be paid until a good title is shown in grantor, and a valid conveyance of said land has been made to the State, to the satisfaction of the Attorney General of the State.

SEC. 3. Upon the receipt of the title to said land, the Governor shall deliver the property thus acquired, together with the Alamo Church property already owned by the State, to the custody and care of the Daughters of the Republic of Texas, to be maintained by them in good order and repair, without charge to the State, as a sacred memorial to the heroes who immolated themselves upon that hallowed ground; and

by the Daughters of the Republic of Texas to be maintained or remodeled upon plans adopted by the Daughters of the Republic of Texas, and approved by the Governor of Texas; provided that no changes or alterations shall be made in the Alamo Church proper, as it now stands, except such as are absolutely necessary for its preservation. All of said property being subject to future legislation by the Legislature of the State of Texas.

SEC. 4. All laws and parts of laws in conflict with this Act are hereby repealed.

SEC. 5. The great importance to the people of Texas of conserving the existing monuments of the heroism of their fore-fathers, and the fact that this property must be acquired at once, if at all, creates an emergency and an imperative public necessity for the suspension of the constitutional rule requiring bills to be read on three several days, and said rule is so 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 by a two-thirds vote, yeas 101, nays 9; and passed the Senate by a two-thirds vote, yeas 24, nays 0.]

Approved January 26, 1905.

Became a law January 26, 1905.

COURTS-FIXING JURISDICTION OF, IN HUTCHINSON COUNTY.

An Act to diminish the civil and criminal jurisdiction of the County Court of Hutchinson County, to conform to the jurisdiction of the District Court thereof, and to repeal all laws in conflict herewith.

SECTION 1. Be it enacted by the Legislature of the State of Texas: The County Court of Hutchinson County shall have and exercise the general jurisdiction of a probate court; shall probate wills, appoint guardians of minors, lunatics, persons non compos mentis and common drunkards, grant letters testamentary and of administration, settle accounts of executors, administrators and guardians, transact all business pertaining to the estate of deceased persons, minors, idiots, lunatics, persons non compos mentis and common drunkards, including the partition, settlement and distribution of estates of deceased persons, and to apprentice minors as provided by law, and to issue all writs necessary for the enforcement of its own jurisdiction; to punish contempt under such provisions as are now or may be provided by general law governing County Courts throughout the State, but the said County Court of Hutchinson County shall have no other jurisdiction, civil or criminal, whatsoever.

SEC. 2. That the District Court of Hutchinson County shall have and exercise jurisdiction in all civil and criminal matters and causes over which, by the laws of this State, the County Court of Hutchinson County would have jurisdiction, except as provided in Sec. 1 of this