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 Hutchinson County, and all writs and process relating to any civil or criminal matter included in the subject matter of jurisdiction prescribed in Section 1 of this Act, issued by or out of said County Court of Hutchinson 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.

SEC. 3. That the County Clerk of Hutchinson 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 cases, a certified bill of costs in each case, and all such cases shall be immediately docketed by the District Court as appearance causes 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.

SEC. 4. That this Act shall not be construed to in any wise or manner affect judgments heretofore rendered by said County Court of Hutchinson 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.

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 That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

SEC. 6. Owing to the great expense and inconvenience caused the people of Hutchinson County in attending and maintaining two courts. when the work could be done by one court, and the further fact, the county 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 act passed the House of Representatives by a two-thirds vote, yeas 117, nays 0; and passed the Senate by a two-thirds vote, yeas 26, nays 0.]

Approved January 31, 1905.

Became a law January 31, 1905.

COURTS-REORGANIZING THE FORTY-SEVENTH AND FIFTIETH AND CREATING THE SIXTY-FOURTH

S. H. B. No. 69.]

JUDICIAL DISTRICTS.

CHAPTER 9.

An Act to reorganize the Forty-seventh and Fiftieth Judicial Districts, and to create the Sixty-fourth Judicial District of the State of Texas; and to fix the time of holding courts in said Districts; and to provide for the appointment of a Judge for the said Sixty-fourth Judicial District, and a District Attorney for the Fiftieth Judicial District; and to repeal all laws in conflict herewith.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the Forty-seventh Judicial District shall be composed of the counties of Donley, Armstrong, Potter, Randall, Deaf Smith, Moore, Sherman, Dallam, Hartley, Oldham, and the unorganized county of Parmer; and the terms of the district court shall be held therein in each year as follows:

In the County of Donley, on the first Mondays in January and July, and may continue in session two weeks.

In the county of Armstrong, on the second Mondays after the first Mondays in January and July, and may continue in session two weeks. In the county of Randall, on the fourth Mondays after the first Mondays in January and July, and may continue in session two weeks. In the County of Deaf Smith, on the sixth Mondays after the first Mondays in January and July, and may continue in session three weeks. In the county of Oldham, on the ninth Mondays after the first Mondays in January and July, and may continue in session one week.

In the county of Hartley, on the tenth Mondays after the first Mondays in January and July, and may continue in session two weeks. In the county of Dallam, on the twelfth Mondays after the first Mondays in January and July, and may continue in session three weeks. In the county of Sherman, on the fifteenth Mondays after the first Mondays in January and July, and may continue in session two weeks. In the county of Moore, on the seventeenth Mondays after the first Mondays in January and July, and may continue in session one week. In the county of Potter, on the eighteenth Mondays after the first Mondays in January and July, and may continue in session six weeks. SEC. 2. The unorganized county of Parmer is hereby attached to Deaf Smith county for judicial purposes.

SEC. 3. That the Fiftieth Judicial District shall be composed of the counties of Baylor, Knox, Cottle, Motley, Crosby, Dickens and King, and the terms of the district court shall be held therein in each. year as follows:

In the county of Baylor, on the first Mondays in February and August, and may continue in session six weeks.

In the county of Knox, on the sixth Mondays after the first Mondays in February and August, and may continue in session six weeks.

In the county of King, on the twelfth Mondays after the first Mondays in February and August, and may continue in session two weeks.

In the county of Cottle, on the fourteenth Mondays after the first Mondays in February and August, and may continue in session two weeks.

In the county of Motley, on the sixteenth Mondays after the first Mondays in February and August, and may continue in session three weeks.

In the county of Crosby, on the nineteenth Mondays after the first Mondays in February and August, and may continue in session two weeks.

In the county of Dickens, on the twenty-first Mondays after the first Mondays in February and August, and may continue in session two weeks.

SEC. 4. The Sixty-fourth Judicial District is hereby created, and shall be composed of the following counties: Castro, Swisher, Briscoe, Floyd, Hale, Lubbock, Lynn and Terry, and the unorganized counties of Yoakum, Hockley, Lamb and Bailey; and the terms of the district court shall be held therein in each year as follows:

In the county of Castro, on the first Mondays after the first Mondays in January and July, and may continue in session two weeks. In the county of Swisher, on the third Mondays after the first Mondays in January and July, and may continue in session three weeks. In the county of Briscoe, on the sixth Mondays after the first Mondays in January and July, and may continue in session three weeks. In the county of Floyd, on the ninth Mondays after the first Mondays in January and July, and may continue in session four weeks. In the county of Hale, on the thirteenth Mondays after the first Mondays in January and July, and may continue in session four weeks. In the county of Lubbock, on the seventeenth Mondays after the first Mondays in January and July, and may continue in session four weeks. In the county of Lynn, on the twenty-first Mondays after the first Mondays in January and July, and may continue in session two weeks. In the county of Terry, on the twenty-third Mondays after the first Mondays in January and July, and may continue in session two weeks. SEC. 5. The unorganized county of Yoakum is hereby attached to Terry county for judicial purposes. The unorganized counties of Cochran and Hockley are hereby attached to Lubbock county for judicial purposes. The unorganized counties of Lamb and Bailey are hereby attached to Castro county for judicial purposes.

SEC. 6. The district judges of the Forty-seventh and Fiftieth Judicial districts, and the district attorney of the Forty-seventh Judicial District herein mentioned, elected and now acting for said districts, shall hold their respective offices until the time for which they have been elected shall expire, and their successors are duly elected and qualified. SEC. 7. The district attorney of the Fiftieth Judicial District, whose residence is in the Sixty-fourth Judicial District, as created by this Act, shall serve as the district attorney of said Sixty-fourth Judicial District until the next general election, and his successor is duly elected and qualified.

SEC. 8. The Governor, immediately upon the taking effect of this Act, shall appoint a suitable person as district judge for the Sixtyfourth Judicial District, and a suitable person as district attorney for the Fiftieth Judicial District, who shall hold their offices until the next general election, and until their successors are elected and qualified.

SEC. 9. That all process issued or served before this Act goes into

effect, including recognizances and bonds, returnable to the District Court of any of the counties of said judicial districts, shall be considered as returnable to said courts in accordance with the terms as prescribed in this Act, and all such process is hereby legalized, and all grand and petit juries drawn and selected under existing laws in any of the counties of said judicial districts shall be considered lawfully drawn and selected for the next term of the district courts of their respective counties held after this Act takes effect, and all such process is hereby legalized and validated; provided, that if any court in any county of said districts shall be in session at the time this Act takes effect, such court or courts affected hereby shall continue in session until the term thereof shall expire under the provisions of existing laws, but thereafter the courts in such county or counties shall conform to the requirements of this Act.

SEC. 10. That all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed.

SEC. 11. Whereas, the rapid settlement of the counties mentioned in this Act, and the crowded condition of the dockets of the district courts of the various counties of said judicial districts, and the want of time for disposing of the business of the district courts of said counties, creates an imperative public necessity and an emergency exists requiring the suspension of the constitutional rule requiring bills to be read on three several days, therefore said constitutional rule is suspended and that this Act shall 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 by a two-thirds vote, yeas 101, nays 1; and passed the Senate by a two-thirds vote, yeas 23, nays 3.]

Approved February 8, 1905.

Became a law February 8, 1905.

COURTS-FIXING JURISDICTION OF, IN FRANKLIN COUNTY.

An Act to restore and confer upon the county court of Franklin county the civil and criminal jurisdiction heretofore belonging to said court under the Constitution and General Statutes 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; and to repeal all laws in conflict with this Act.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the county court of Franklin 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 not exceed one thousand dollars, exclusive of interest; but shall not have jurisdiction of suits for the recovery of land.

SEC. 2. Said county court shall have appellate jurisdiction in civil cases over which justice's 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 county court shall have power to hear and determine cases brought up from justice's courts by certiorari under the provisions of Title 15 of the Revised Statutes of 1895, and any amendments relating thereto.

SEC. 3. The county judge of said county shall have authority, either 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. 4. That said court shall have and exercise the general jurisdiction 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, and to apprentice minors as provided by law; and to issue all writs necessary for the enforcement of its jurisdiction, orders and decrees.

SEC. 5. Said county court shall have jurisdiction in forfeiture and judgment of all bonds and recognizances taken in criminal cases of which said court has original or appellate jurisdiction.

SEC. 6. 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 without imprisonment 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. 7. 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. 8. 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 on the criminal and civil docket 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 the said county court, and to deliver said transcript, 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 on their respective dockets for trial by said court, and process heretofore issued from the district court of said county, in cases to be transferred under this Act to the county court of Franklin