Imágenes de páginas
PDF
EPUB

15th Mondays after the first Monday in February and September and may remain in session until the first Saturday before the first Monday in February and September.

SECTION 3. All writs heretofore issued out of the District Court of Jasper, Newton, Orange, and Tyler Counties, as they have heretofore existed, shall be valid to the first term of said courts, as provided for in this Act; Provided said writs are otherwise valid in law, and the clerks of said court shall on the passage and taking effect of this Act, make all writs returnable to the said courts as they meet under this Act.

SECTION 4. The County of Jefferson shall constitute the Fifty-eighth Judicial District of the State of Texas.

SECTION 5. The term of the District Court of the Fifty-eighth District shall be begun and held in said District as follows: One term of said Court shall begin on the third Monday in September, and may continue in session eleven weeks. One term thereof shall begin on the 2nd Monday in December, and may continue in session for ten weeks. One term thereof shall begin on the first Monday in March and may continue in session for eight weeks. One term shall begin on the first Monday in May, and may continue in session until the first Saturday before the third Monday in September.

SECTION 6. And that Section 6, Section 7 and Section 8, of the act approved September 2nd 1901, on page 3 of the General Laws passed by the Twenty-Seventh Legislature, be and the same are hereby repealed, and that the law creating the Fifty-eighth Judicial District as mentioned and named in section 4, be and the same is hereby continued and that the same shall remain in effect until otherwise provided by law.

SECTION 7. All laws and parts of laws in conflict with the provisions of this act shall be, and the same are hereby repealed. Provided, however, it is not the intention of this act to repeal any part of Chapter 7, of the Acts of the Twenty-eighth Legislature approved February 3rd A. D. 1903 creating the Sixtieth Judicial District of Texas.

SECTION 8. Whereas,, the near approach of the adjournment of the present session of the Legislature, the many bills now pending, the crowded condition of the calendar, and the great discrepancy arising in the terms of holding courts in the County of Orange, as it now exists. under the present law, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days be suspended and it 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 Senate by the following vote, yeas 19, nays 5; and passed the House of Representative by a two-thirds vote, yeas 125, nays 0.]

Approved April 3, 1905.

Takes effect 90 days after adjournment.

COURTS-REORGANIZING AND FIXING TIME FOR HOLD-
ING IN THE TWENTY-THIRD, TWENTY-FOURTH,
TWENTY-FIFTH, THIRTY-SIXTH AND FORTY-
NINTH JUDICIAL DISTRICTS.

[blocks in formation]

An Act to re-organize the Twenty-third, Twenty-fourth, Twenty-fifth, Thirtysixth and Forty-ninth Judicial Districts of the State of Texas, and to fix the time of holding court in said districts; to place the counties of Jackson and Karnes in the Twenty-fourth Judicial District, and the county of Wilson in the Thirty-sixth Judicial District, and the counties of Dimmitt and La Salle and Frio in the Forty-ninth Judicial District; to provide for the present district judge and district attorney of each of said districts acting as judge and attorney of their respective districts until the term of office for which each was elected may expire; to validate all writs and other process heretofore issued out of the district courts of said districts; 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: That the Twenty-third Judicial District of Texas shall hereafter be com posed of the counties of Brazoria, Fort Bend, Matagorda, Waller and Wharton, and the district courts shall be held therein as follows:

In the county of Brazoria, on the second Monday in February and first Monday in September, and may continue in session four weeks.

In the county of Waller, on the fourth Monday after the second Monday in February, and on the fourth Monday after the first Monday in September, and may continue in session four weeks.

In the county of Fort Bend, on the eighth Monday after the second Monday in February, and the eighth Monday after the first Monday in September, and may continue in session four weeks.

In the county of Wharton, on the twelfth Monday after the second Monday in February, and on the twelfth Monday after the first Monday in September, and may continue in session four weeks.

In the county of Matagorda on the sixteenth Monday after the second Monday in February, and may continue in session ten weeks; or until the business is disposed of; and on the seventeenth Monday after the first Monday in September, and may continue in session five weeks.

SEC. 2. That the Twenty-fourth Judicial District of Texas shall hereafter be composed of the counties of Bee, Goliad, Jackson, Karnes, Refugio, Calhoun, Victoria and DeWitt, and the District Court shall be held therein as follows:

In the county of Bee on the second Monday in February and the first Monday in September, and may continue in session three weeks.

In the county of Goliad on the third Monday after the second Monday in February and the third Monday after the first Monday in September, and may continue in session two weeks.

In the county of Jackson on the fifth Monday after the second Monday in February and the fifth Monday after the first Monday in September, and may continue in session two weeks.

In the county of Karnes on the seventh Monday after the second Monday in February and the seventh Monday after the first Monday in September, and may continue in session three weeks.

In the county of Refugio on the tenth Monday after the second.

Monday in February and the tenth Monday after the first Monday in September, and may continue in session one week.

In the county of Calhoun on the eleventh Monday after the second Monday in February and the eleventh Monday after the first Monday in September, and may continue in session one week.

In the county of Victoria on the twelfth Monday after the second Monday in February and the twelfth Monday after the first Monday in September, and may continue in session four weeks.

In the county of De Witt on the sixteenth Monday after the second Monday in February and the sixteenth Monday after the first Monday in September, and may continue in session five weeks.

SEC. 3. That the Twenty-fifth Judicial District of Texas shall hereafter be composed of the counties of Colorado, Gonzales, Guadalupe, and Lavaca, and the district courts shall be held therein as follows:

In the county of Colorado, on the second Monday in September and the fifth Monday after the first Monday in January, and may continue. in session five weeks.

In the county of Lavaca, on the fifth Monday after the second Monday in September, and on the tenth Monday after the first Monday in January, and may continue in session five weeks.

In the county of Guadalupe, on the tenth Monday after the second Monday in September, and on the fifteenth Monday after the first Monday in January, and may continue in session five weeks.

In the county of Gonzales, on the first Monday in January, and on the twentieth Monday after the first Monday in January, and the term beginning on the first Monday in January may continue in session five weeks, and the session beginning on the twentieth Monday after the first Monday in January may continue in session until the business is disposed of.

SEC. 4. That the Thirty-sixth Judicial District be composed of the counties of Aransas, San Patricio, Live Oak, McMullen, Atascosa and Wilson, and the District Court shall be held therein as follows:

In the county of Aransas on the first Monday in February and September, and may continue in session two weeks.

In the county of San Patricio on the second Monday after the first Monday in February and September, and may continue in session three. weeks.

In the county of Live Oak on the fifth Monday after the first Monday in February and September, and may continue in session two weeks.

In the county of McMullen on the seventh Monday after the first Monday in February and September, and may continue in session two weeks.

In the county of Atascosa on the ninth Monday after the first Monday in February and September, and may continue in session four weeks.

In the county of Wilson on the thirteenth Monday after the first Monday in February and September, and may continue in session until the business is disposed of.

SEC. 5. That the Forty-ninth Judicial District of Texas shall hereafter be composed of the counties of Dimmitt, LaSalle, Frio, Zapata and Webb, and the District Courts shall be held therein as follows:

In the county of Dimmitt on the first Monday in September and February, and may continue in session two weeks.

In the county of Frio on the third Monday in September and February, and may remain in session three weeks.

In the county of LaSalle on the fifth Monday after the first Monday in September and February, and may remain in session two weeks.

In the county of Zapata on the eighth Monday after the first Monday in September and February, and may remain in session one week.

In the county of Webb on the ninth Monday after the first Monday in September and February, and may remain in session until the business is disposed of.

SEC. 6. All writs and other process heretofore issued out of the district courts of the several counties heretofore constituting the Twentythird, Twenty-fourth, Twenty-fifth, Thirty-sixth and Forty-ninth Judicial Districts of Texas, shall be held valid to the first terms of said courts as provided for in this Aot; provided, said writs are otherwise valid in law, and the clerks of said courts shall, on the taking effect of this Act, make all writs returnable to said courts as they meet under this Act.

SEC. 7. The present judges and district attorneys of the said Twenty-third, Twenty-fourth, Twenty-fifth, Thirty-sixth and Fortyninth Judicial Districts shall act as judges and district attorneys of their respective districts as herein defined and composed until the term of office for which each was elected may expire, or until their successors have duly qualified.

SEC. 8. That the terms of the District Court of the Twenty-third, Twenty-fourth, Twenty-fifth and Thirty-sixth Judicial Districts as constituted by the provisions of this Act shall not be held under the terms of this Act until the first day of September, A. D. 1905, and the spring terms of said courts of said districts as constituted by this Act shall be held as now prescribed by law.

SEC. 9. All laws and parts of laws in conflict herewith be and the same are hereby repealed.

SEC. 10. The near approach of the end of the session, the crowded condition of the calendar and the importance of the prompt passage of this Act, create an emergency and imperative public necessity which requires that the constitutional rule providing that all bills be read on three several days be suspended, and the same 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; was referred to the Senate, where it was amended and passed by a two-thirds vote, yeas 23, nays 0; the House refused to concur in the Senate amendments and asked for a free conference committee; the report of the free conference committee was adopted by the House by the following vote, yeas 57, nays 20; and the report of the free conference committee was adopted by the Senate by a two-thirds vote, yeas 24, nays 0.]

Approved April 3, 1905.

Takes effect 90 days after adjournment.

MINORS LIMITING CONVICTION OF.

S. B. No. 62.]

CHAPTER 59.

An Act to amend Article 34 chapter 3 title 1 penal Code of the State of Texas, providing that no person under the age of thirteen years shall be convicted unless it appears by proof that such child had discretion sufficient to understand the nature and illegality of the act constituting the offense.

Be it enacted by the Legislature of the State of Texas:

SECTION 1. That Article 34 Chapter 3 title 1 of the penal Code of the State of Texas, be so amended as to hereafter read as follows:

No person shall in any case be convicted of any offense committed before he was of the age of nine years, except perjury, and for that only, when it shall appear by proof that he had sufficient discretion to understand the nature and obligation of an oath; nor of any other offense committed between the years of nine and thirteen, unless it shall appear by proof that he had discretion sufficient to understand the nature and illegality of the act constituting the offense.

SECTION 2. Whereas the fact that there is now no law which renders competent as witnesses persons under nine years of age creates an emergency and an imperative public necessity 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 passage and it is so enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the Senate by a two-thirds vote, yeas 25, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 102, nays 2.]

Approved April 3, 1905.

Became a law April 3, 1905.

FERRIS INDEPENDENT SCHOOL DISTRICT-CREATION OF. H. B. No. 458.]

CHAPTER 60.

An Act creating an independent school district in the counties of Ellis and Dallas, State of Texas, to be known as the Ferris Independent School District, and to have all the powers, rights and duties of independent school districts formed by the incorporation of towns and villages for free school purposes only.

SECTION 1. Be it enacted by the Legislature of the State of Texas: An independent school district including within its bounds the city of Ferris in the county of Ellis, State of Texas, is hereby created as an incorporation for free school purposes only, to be known as the Ferris Independent School District.

SEC. 2. The territory hereby created into the said independent school district is described by metes and bounds as follows:

Beginning at a point on the Dallas and Ellis county line at the crossing of the south line of the J. R. Mitchell survey, thence south to Bear creek, thence down said creek to the north line of the R. De La Pena Eleven League Grant, thence with the north line of said grant to a point S. 30 E. of the S. E. corner of the Mason Phelps survey, thence N. 30 W.

« AnteriorContinuar »