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GALVESTON SEAWALL-PROHIBITING THE GRANTING OR USE FOR CERTAIN PURPOSES OF LANDS

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An Act to prohibit the granting or use for railway or other purposes of any part of the tract of land in the city and county of Galveston, Texas, acquired by that county or the commissioners court thereof for seawall purposes.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That no corporation, person or association of persons, shall be granted or exercise any rights, privileges or franchises for the construction or operation of any railway, whether by steam, electric, cable, horse or other power, nor shall any corporation, person or association of persons be granted any right, leasehold, privilege or franchise for any purpose, or purposes other than a public walk, public driveway or public park, along or upon or across any part of that tract of land situated in the city and county of Galveston, in this State, which was acquired by said. county or commissioners' court thereof for seawall purposes under the authority of an Act passed at the first called session of the Twentyseventh Legislature of the State of Texas and approved by the Governor September 7th 1901, entitled, "An Act to give effect to Section VII, Article XI, of the Constitution, authorizing all counties and cities bordering on the coast of the Gulf of Mexico to construct seawalls and breakwaters, to issue bonds therefor, and levy a tax for the payment thereof; and to further provide for construction and maintenance of said works, and payment of said bonds by sale or rent of lands reclaimed from the sea, or otherwise acquired for breakwater purposes," and it shall also be unlawful to allow the possession, use or occupancy in any manner whatever of any part of said tract of land for any purpose whatever other than a public walk, public driveway or public park, and any action upon the part of the county commissioners court of Galveston county, or any other court or body, or official or officials, in attempted contravention of this Act shall be void and of no effect.

SEC. 2. All laws or parts of laws in conflict herewith are hereby repealed.

SEC. 3. The fact that it is of great importance to the public to keep the highway along the seawall open to the public traffic, creates an emergency within the meaning of the Constitution and the rule requiring bills to be read on three several days is hereby suspended and this Act shall be effective from and after its passage.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 98, nays 0; and passed the Senate by a two-thirds vote, yeas 26, nays 0.]

Approved March 25, 1905.

Became a law March 25, 1905.

COURTS-FIXING TIME FOR HOLDING, IN TWELFTH JUDI

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An Act changing and fixing the times of holding the courts in the Twelfth Judicial District of Texas, providing for a longer term in Trinity county; and declaring an emergency.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the Twelfth Judicial District shall be composed of the counties. of Trinity, Leon, Walker, Madison and Grimes, as now constituted, and the district courts shall be held therein as follows:

In the county of Trinity on the last Monday in January and July, and may continue in session four weeks, instead of three, as now provided by law.

In the county of Leon, on the fourth Monday after the last Monday in January and July, and may continue in session four weeks.

In the county of Walker, on the eighth Monday after the last Monday in January and July, and may continue in session four weeks.

In the county of Madison, on the thirteenth Monday after the last Monday in January and July, and may continue in session three weeks. In the county of Grimes, on the seventeenth Monday after the last Monday in January and July, and may continue in session until the business is disposed of.

SEC. 2. All writs and process returnable to the courts at the times. now fixed by law shall be returnable at the terms and times as fixed by this Act, and shall be valid.

SEC. 3. All laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

SEC. 4. The crowded condition of the district court docket of Trinity county, and the delay and consequent additional cost to litigants, create an emergency and an imperative public necessity that the rule requiring bills to be read on three several days be 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 House of Representatives, no vote given; and passed the Senate by a two-thirds vote, yeas 24, nays 0.]

[NOTE. The foregoing act was presented to the Governor of Texas for his approval on the 27th 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.

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CARRYING ARMS-FIXING PENALTY.

H. B. No. 47.]

CHAPTER 44.

An Act to amend Article 338, Title IX, Chapter 4, of the Penal Code of the State of Texas, as amended by the Acts of the Twenty-fifth Legislature, page 24, relating to carrying arms.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 338, Title IX, Chapter 4, of the Penal Code of the State of Texas, be so amended as to hereafter read as follows:

Article 338. If any person in this State shall carry on or about his person, saddle, or in his saddle bags, any pistol, dirk, dagger, slung shot, sword cane, spear, or knuckles made of any metal or any hard substance, bowie knife, or any other knife manufactured or sold for purposes of offense or defense, he shall be punished by fine of not less than one hundred dollars, nor more than two hundred dollars, or by confinement in the county jail not less than thirty days nor more than twelve months, or by both such fine and imprisonment.

[NOTE. The foregoing act was presented to the Governor of Texas for his approval, on the 27th 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.

COURTS-FIXING JURISDICTION OF, IN TITUS COUNTY.
H. B. No. 471.]
CHAPTER 45.

An Act to restore and confer upon the county court of Titus 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 Titus 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 in 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 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 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 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 power 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 costs.

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 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 docket 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, no vote given; and passed the Senate, no vote given.]

[NOTE. The foregoing act was presented to the Governor of Texas. for his approval on the 27th 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-AUTHORIZING SALE OF FREE SCHOOL, UNIVER-
SITY AND ASYLUM LANDS TO RAILWAY COMPANIES.
H. B. No. 87.]

CHAPTER 46.

An Act to amend Sections 1, 3 and 4 of Chapter XCVII, page 127, Acts of the Regular Session of the Twenty-eighth Legislature, authorizing the sale of certain portions of the public free school, university and asylum lands to railroad companies owning, operating or constructing railroads in this State for the location and establishment of town sites, depots, stations, yards, round houses, shops, divisional terminals or water stations, and to prescribe the terms and conditions of such sales; to authorize the Commissioner of the General Land Office or the board of regents of the State University, as the case may be, to fix the price of such lands when sold for such purposes. SECTION 1. Be it enacted by the Legislature of the State of Texas: That Sections 1, 3 and 4, of Chapter XCVII, Acts of the Regular Ses

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