Chapter 45 of the General Laws of the State of Texas for the year 1897, Chapter 15 of Title 86 of the Revised Civil Statutes of 1895, and the aforesaid Act, approved February 21, 1900, so far as the same are now in force, and any Acts amendatory thereof, as to voting, assessing, levying and collecting taxes for school purposes, and as to voting and issuing cupon bonds of said Independent School District for the purposes of purchasing or constructing free school buildings, and as to having full management and control of the public free schools of such incorporated independent school district, and as to reorganizing by choosing a secretary, a treasurer and an assessor and collector of taxes, wholly free and independent of and from the control, interference and powers of said incorporated city of Hallettsville.

SECTION 7. The near approach of the close of the present session of the Legislature and the crowded condition of the calendar of both the Senate and the House, creates an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days, be, and the same is hereby suspended, and it is so enacted, and that 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 Senate by a two-thirds vote, yeas 23, nays 0; and passed the House of Representatives by a two-thirds vote, yeas 100, nays 0.]

Approved April 7, 1905.

Became a law April 7, 1905.

S. F. PERRY-FOR THE RELIEF OF.

H. B. No. 442.]

CHAPTER 67.

An Act for the relief of S. F. Perry.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That the Commissioner of the General Land Office is hereby empowered to issue to S. F. Perry of Marshall, Texas, a patent to about two hundred and fifty acres of land in the northeastern part of Harrison County, being that part of the land originally covered by the location of the Josiah D. Perry six hundred and forty acre certificate, which is not in conflict with the E. M. Fuller and Franklin Fuller leagues. And the Governor will sign said patent as usual.

SEC. 2. The crowded condition of the calendar and the near approach of the end of the session creates 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 was referred to the Senate, where it was amended and passed, no vote given; the House of Representatives concurred in the Senate amendments, no vote given.]

Approved April 7, 1905.

Takes effect 90 days after adjournment.

REAL ESTATE-PARTITION OF, UNDER DIRECTION OF

S. S. B. No. 45.]

COURT.

CHAPTER 68.

An Act to amend Articles 3611, 3621, Title LXXVII, Chapter 1, of the Revised Statutes.

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

That Articles 3611 and 3621, Title LXXVII, Chapter 1, of the Revised Statutes, be amended to read as follows:

Article 3611. The court shall determine before entering the decree of partition whether the property or any part thereof is susceptible of partition and if the court determines that the whole of such property or any part thereof is susceptible of partition then the court for that part of such property held to be susceptible of partition shall enter a decree directing the partition of such real estate, describing the same to be made in accordance with the respective shares or interests of each of the parties entitled thereto, specifying in such decree the share or interest of each party, and shall appoint three or more competent and disinterested persons as commissioners to make such partition in accordance with such decree and the law; a majority of which commissioners may act.

Article 3621. Should the court be of the opinion that a fair and equitable division of the real estate or any part thereof can not be made, it shall order a sale of so much of such real estate as is incapable of partition, which sale shall be for cash or upon such other terms as the court may direct, and shall be made as under execution, or by private sale, through a receiver, if the court so order, and the proceeds thereof shall be returned into court and be partitioned among the persons entitled thereto according to their respective interests.

Approved April 7, 1905.

Takes effect 90 days after adjournment.

INJUNCTIONS-REGULATING, IN LOCAL OPTION CASES.

S. S. B. Nos. 26 and 104.]

CHAPTER 69.

An Act regulating injunctions in local option elections and cases.

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

SECTION 1. No writ of injunction shall be granted unless the applicant therefor shall present his petition to the judge, verified by his affidavit taken before some officer authorized to administer oaths, and containing a plain and intelligible statement of the grounds for such relief; nor shall any judge grant any writ of injunction touching or in any way relating to an election held without his judicial District, declaring that the sale of intoxicating liquors in any county, justice precinct, city, town or subdivision of a county, is prohibited, unless, such application or petition shall state that the judge in whose county or district the suit is brought is absent from his county or district, or is sick and unable to hear the same, or unless such judge shall refuse to act upon such application or petition for injunction or unless such judge is dis

qualified to act upon the same, which disqualification must be fully set forth in the application or petition.

SECTION 2. The importance of the subject matter of legislation embraced in this bill, and the further fact of the crowded condition of the calendar making it doubtful whether this bill can be read on three several days, require the suspension of the Constitutional rule for bills. to be read on three several days and said rule is here 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 Senate by the following vote, yeas 19, nays 4; and passed the House of Representatives by a two-thirds vote, yeas 97, nays 7.]

Approved April 7, 1905.

Takes effect 90 days after adjournment.

TERRELL

COUNTY-CREATION OF.

H. B. No. 571.]

CHAPTER 70.

An Act to create the county of Terrell out of the territory of Pecos county and to provide for its organization.

SECTION 1. Be it enacted by the Legislature of the State of Texas: That a new county, to be called the county of Terrell, is hereby created out of the county of Pecos in this State, the boundaries of which are hereby declared as follows:

Beginning at the eastern corner of Brewster county which is designated on the ground by a stone monument three feet high marked “B. Č. P. & Pr. Co.," on top of a high bluff, the west bank of San Francisco creek at its junction with the Rio Grande, thence with the northeastern boundary line of Brewster county on a course about N. 48° 25′ w. about twenty-two miles to the point of intersection of said line of Brewster county with the western line of sections three, four and nine, block S, M. K. & T. R. R. Co.; thence north about nineteen miles to a point which is in the southern line of block No. 3, C. C. S. D. & R. G. N. G. R. R. Co. produced westward; thence east about fourteen miles to the southwestern corner of section No. 7, certificate 969, block No. 3, C. C. S. D. & R. G. N. G. R. R. Co.; thence north about twenty-one miles to a point in block No. 102, John H. Gibson, which is in the southern lines of sections Nos. 43, 44, 45, 46, 47 and 48, block No. 2, C. C. S. D. & R. G. N. G. R. R. Co, produced westward; thence east to the southeast corner of section No. 48, certificate No. 947, in said block No. 2, thence north four miles to the northeast corner of section No. 61, of said block No. 2, C. C. S. D. & R. G. N. G. R. R. Co.; thence east about twenty-two miles, passing through the southwestern and southeastern corners of survey No. 32, block No. 1, I. & G. N. R. R. Co., to the center of the channel of the Pecos river; thence down the center of the channel of the Pecos river to the northwestern corner of Val Verde county; thence south with the western boundary line of Val Verde county to a point in the Rio Grande in the dividing boundary line between the Republics of the United States and Mexico; thence following up the Rio Grande with said dividing boun

97

dary line to a point opposite the west bank of San Francisco creek at its intersection with the Rio Grande; thence to the point of beginning. SEC. 2. That the new county created by this Act shall rata share of the existing debts and liabilities of the county of Pecos, if pay its pro any, and there shall be set apart annually so much of the county tax levied and collected upon the property situated in the portion so taken from the county of Pecos as shall be sufficient to speedily liquidate said debts and liabilities.

SEC. 3. That the county of Terrell until organized, is hereby attached to the county of Pecos for judicial, surveying and recording purposes.

SEC. 4. That said county of Terrell shall be in the Sixty-third Judicial District, the Fourth Supreme Judicial District, the Twenty-fifth Senatorial District, the Ninety-ninth Representative District, and the sixteenth Congressional District.

SEC. 5. That it shall be the duty of the county judge of Pecos county, within ten days after the enactment of this law, to appoint a committee of three resident qualified voters, who are tax payers living within the boundaries of the new county of Terrell, to lay off and divide said county of Terrell into four commissioners precincts; and convenient justices' precincts, not to exceed eight in number; also convenient voting precincts for the election of county and precinct officers, and to also designate places in the new county where elections shall be held, and said committee shall appoint presiding officers of election, and shall cause a record to be made of all their acts, certified to by them, which said record shall be filed with the county clerk and recorded in the records of Pecos county, and a certified copy thereof shall be transmitted by the county clerk of Pecos county to the county judge of the new county when organized.

SEC. 6. That the county judge of Pecos county shall immediately, upon the designation of the precincts as provided in Section 5 of this Act, order an election of county and precinct officers, and for the location. of the county seat of said new county, and said election shall be held in the manner as now provided by law, and the returns shall be made to the county judge of Pecos county, who shall canvass the same, declare the result and issue certificates of election and approve the bonds of said officers and shall administer the oath of office.

SEC. 7. The fact that the people in the new county are so far from the county seat of Pecos county and they desire to organize at once, and it is necessary that times for holding of the terms of the district court in said county should be fixed before the Legislature adjourns, 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 House of Representatives, no vote given; and passed the Senate, no vote given.]

Approved April 8, 1905.

Takes effect 90 days after adjournment.

-7

WOLVES AND OTHER WILD ANIMALS-AMENDING ACT RELATING THERETO.

An Act to amend Section 4, of Chapter 86, of the General Laws passed by the Twenty-eighth Legislature at its regular session, entitled "An Act to protect stock raisers and farmers, and providing for the destruction of wolves and other wild animals, to require the commissioners courts of the several counties of the State not herein specially exempted to pay for the killing of such wolves and other wild animals, and to repeal all laws in conflict herewith."

SECTION 1. Be it enacted by the Legislature of the State of Texas: That Section 4, of Chapter 86, of the General Laws of the Twentyeighth Legislature, passed at its regular session, be so amended as to hereafter read as follows:

Section 4. Provided, that the provisions of this Act shall not apply to the following counties: Angelina, Archer, Anderson, Austin, Andrews, Atascosa, Baylor, Bee, Blanco, Bowie, Brazos, Burleson, Brazoria, Bastrop, Bosque, Bexar, Bell, Brown, Brewster, Borden, Calhoun, Cass, Camp, Cherokee, Crane, Chambers, Crosby, Collin, Cochran, Colorado, Caldwell, Coryell, Cooke, Comanche, Comal, Cameron, Dawson, Delta, Denton DeWitt, Duval, Dimmitt, Edwards, Ellis, Erath, Eastland, Ector, El Paso, Franklin, Fayette, Falls, Fisher, Frio, Fannin, Freestone, Galveston, Garza, Grayson, Gaines, Glasscock, Grimes, Gonzales, Guadalupe, Goliad, Gregg, Haskell, Hill, Hood, Hamilton, Hays, Hidalgo, Hopkins, Harrison, Hardin, Harris, Hockley, Houston, Howard, Henderson, Hunt, Jackson, Jasper, Jefferson, Johnson, Jeff Davis, Jones, Kaufman, Karnes, Kent, Kinney, Knox, Lamar, Liberty, Lubbock, Limestone, Leon, Lee, Loving, La Salle, Live Oak, Lynn, Matagorda, Mills, Milam, Martin, McLennan, Mitchell, Montague, McMullen, Medina, Maverick, Midland, McCulloch, Morris, Marion, Madison, Montgomery, Nacogdoches, Navarro, Nolan, Newton, Nueces, Orange, Panola, Polk, Parker, Presidio, Red River, Rockwall, Raines, Robertson, Reeves, Rusk, Stonewall, Smith, Shelby, San Jacinto, San Augustine, Sabine, Scurry, Somervell, Starr, Stonewall, San Patricio, Tarrant, Throckmorton, Titus, Tyler, Travis, Terry, Trinity, Upshur, Upton, Uvale, Van Zandt, Val Verde, Wood, Walker, Ward, Waller, Washington, Winkler, Williamson, Wharton, Wise, Wilson, Webb, Young, Yoakum, Zavala, and Zapata. SEC. 2. Whereas, there are a great many bills now pending in both houses of the Legislature, and as the law now stands it includes the counties of Blanco and Williamson, and the citizens of said counties are opposed to the operation of the law as being applicable to them, 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 enacted.

[NOTE. The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 89, nays 0; it was referred to the Senate where it was amended and passed by a two-thirds vote, yeas 25, nays 0; the Senate amendments were concurred in by the House of Representatives by a two-thirds vote, yeas 93, nays 0.]