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and an imperative public necessity exists 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 the following vote, yeas 23, nays 3; was referred to the House, amended and passed by the following vote, yeas 105, nays 2; and that the Senate concurred in the House amendments by the following vote, yeas 25, nays 2.]

Approved April 13, 1909.

Became a law April 13, 1909.

ANTI-TRUST LAW-AMENDMENT FIXING VENUE OF SUITS AND PRESCRIBING PENALTIES AND FEES.

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An Act to amend Sections 6 and 11 of Chapter XCIV of the Acts of the 28th Legislature, page 119, entitled "An Act to define, prohibit, and declare illegal, trusts, monopolies, and conspiracies in restraint of trade, and to prescribe penalties for forming or being connected with such trusts, monopolies, and conspiracies, and to provide for the suppression of the same and to promote free competition in the State of Texas, and to repeal all laws in conflict therewith"; providing venue; providing punishment for violations thereof, fixing compensation; and declaring an emergency.

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

SECTION 1. That Sections 6 and 11 of Chapter XCIV of the Acts of the Twenty-eighth Legislature, page 119, entitled "An Act to define, prohibit and declare illegal, trusts, monopolies and conspiracies in restraint of trade, and to prescribe penalties for forming or being connected with trusts, monopolies and conspiracies, and to provide for the suppression of the same, and to promote free competition in the State of Texas and to repeal all laws in conflict therewith," be and the same are hereby amended so as to hereafter read as follows:

Section 6. For a violation of any of the provisions of this Act, or any anti-trust laws of this State, by any corporation, it shall be the duty of the Attorney General, upon his motion and without leave or order of any judge or court, to institute suit or quo warranto proceedings in Travis county, or at the county seat of any county in the State which the Attorney General may select, for the forfeiture of its charter rights and franchises, and the dissolution of its corporate existence; and for such purposes, venue is hereby given to each district court in the State of Texas.

Section 11. Each and every firm, person, corporation or association of persons, who shall in any manner violate the provisions of this Act shall for each and every day that such violation shall be committed or continued, forfeit and pay a sum of not less than fifty nor more than rifteen hundred dollars, which may be recovered in the name of the State of Texas in the district court of any county in the State of Texas, and

venue is hereby given to such district courts; provided, that when any such suit shall have been filed in any county and jurisdiction thereof acquired, it shall not be transferred to any other county except upon change of venue allowed by the court, and it shall be the duty of the Attorney General, or the district or county attorney, under the direction of the Attorney General, to prosecute for the recovery of the same, and the fees of the district or county attorney for representing the State in all anti-trust proceedings, or for the collection of penalties for the violation of the anti-trust laws of this State, shall be ten per cent of the amount collected up to and including the sum of fifty thousand dollars and five per cent on all sums in excess of the first fifty thousand dollars, to be retained by him when collected, and all such fees which he may collect shall be over and above the fees allowed under the general fee bill; provided, that the provisions of this Act as to the fees allowed the prosecuting attorney shall not apply to any case in which judgment has heretofore been rendered in any court nor to any moneys to be hereafter collected upon any such judgment heretofore rendered in any court, whether such judgment or judgments are pending upon appeal or otherwise; and provided, further, that the district or county attorney who joins in the institution or prosecution of any suit for the recovery of penalties for a violation of any of the anti-trust laws of this State, who shall, previous to the collection of such penalties, cease to hold office, he shall be entitled to an equal division with his successor of the fee collected in said cause, and in case of the employment of special counsel by any such district or county attorney, the contract so made shall be binding upon such prosecuting officer making such contract and thereafter retiring from office; provided further, that in case any suit is compromised before any final judgment in the trial court is had, then the fees herein provided for shall be reduced one-half.

SEC. 2. The fact that there is no law giving venue to each district court to try cases arising under the anti-trust laws throughout the State, and the further fact that the penalties provided under the Act of 1903 are inadequate to suppress violations of the law, create 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.

Approved April 13, 1909.

Takes effect ninety days after adjournment.

APPEALS-RELATING TO IN PROBATE CASES.
CHAPTER 12.

S. B. No. 22.]

An Act to amend Article 2256, Chapter 31, Title XXXIX of the Revised Civil Statutes of 1895, relating to appeals to the district court in probate cases, and declaring an emergency.

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

SECTION 1. That Article 2256, Chapter 31, Title XXXIX of the Revised Civil Statutes of 1895, be so amended as to hereafter read as follows:

Article 2256. He shall, within fifteen days after such decision, order, judgment or decree shall have been rendered, file with the county clerk a bond with two or more good and sufficient sureties, payable to the county judge in any amount to be fixed by the county judge and to be approved by the clerk, conditioned that the appellant shall prosecute said appeal to effect, and perform the decision, order, decree or judgment which the district court shall make thereon, in case the cause shall be decided against him.

SEC. 2. The uncertainty as to the amount of the bond that should be given in appeals in probate cases and the near approach of the close of the Called Session of the Legislature, create an emergency and imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended and that this bill take effect and be in force from and after its passage, and it is so enacted.

Approved April 13, 1909.

Takes effect ninety days after adjournment.

COURTS-FIXING TERMS OF CRIMINAL DISTRICT COURT OF GALVESTON AND HARRIS COUNTIES.

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An Act amending Article 1525 of the Revised Statutes of the State of Texas, fixing the terms of the Criminal District Court of Galveston and Harris counties.

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

SECTION 1. That Article 1525 of the Revised Statutes of the State of Texas of 1895, as amended by the Act of the Legislature of 1903, Chapter 26, be and the same is hereby so amended as to hereafter read as follows:

Article 1525. Said judge shall hold a term of court in the city of Galveston, county of Galveston, on the first Monday in the months of November, February, May and July of each year and may continue for four weeks, unless the business of said court be sooner disposed of. Said judge shall hold a term of said court in the city of Houston, county of Harris, on the first Monday in the months of September, December and March of each year, and said terms of said court may continue eight weeks, or until the business thereof is disposed of, and said judge shall also hold a term of said court in the city of Houston, Harris county, on the first Monday in the month of June of each year, which term may continue for four weeks, unless the business of said court be sooner disposed of.

[SEC. 2.] This Act shall become effective on the first day of August, 1909.

Approved April 14, 1909.

H. B. No. 17.]

APPEAL BOND-RELATING TO.

CHAPTER 14.

An Act to amend Article 1407, Chapter 19 of Title XXX, Revised Civil Statutes of Texas, 1895, as amended by the Twenty-fifth Legislature of the State of Texas relative to appeal bond on any appeal or writ of error, and declaring an

emergency.

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

SECTION 1. That Article 1407, Chapter 19 of Title XXX, Revised Civil Statutes of Texas, as amended by the Twenty-fifth Legislature of the State of Texas, be and the same is hereby amended so as to read as follows, to-wit:

Article 1407.

Neither the State of Texas, nor any county in the State of Texas, nor the Railroad Commission of Texas, nor the head of any department of the State of Texas, prosecuting or defending in any action in their official capacity, shall be required to give bond on any appeal or writ of error taken by it, or either of them, in any civil case. SEC. 2. The fact that the present law does not exempt counties of the State of Texas from giving bond on any appeal or writ of error taken by it in any civil case, 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 that this bill be put upon its third reading and final passage, and it is so enacted.

Approved April 15, 1909.

Takes effect ninety days after adjournment.

INTOXICATING LIQUORS-MAKING IT A FELONY TO PUR-
SUE OCCUPATION OF SELLING SAME IN
LOCAL OPTION TERRITORY.

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An Act making it a felony to pursue the occupation or business of selling intoxicating liquors, except as permitted by law, in any territory in this State, where the sale of intoxicating liquors has been prohibited by law; prescribing suitable punishment for the violation of this Act; defining such business or pursuit and providing rules of evidence in prosecutions arising hereunder, and declaring an emergency.

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

SECTION 1. If any person shall engage in or pursue the occupation or business of selling intoxicating liquors except as permitedt by law, in any county, justice precinct, city, town or subdivision of a county in which the sale of intoxicating liquor has been or shall hereafter be prohibited under the laws of this State, he or she shall be punished by confinement in the penitentiary not less than two, nor more than five years.

SEC. 2. In prosecutions under this Act, where it is proven that there is posted up at the place where such intoxicating liquor is being sold. United States internal revenue liquor or malt license to any one, it shall be prima facie proof that the person to whom such license is issued, is

engaged in and is pursuing the business and occupation of selling intoxicating liquors within the meaning of this Act.

SEC. 3. In order to constitute the engaging in or pursuing the occu pation or business of selling intoxicating liquors within the meaning of this Act, it shall be necessary for the State to prove in all prosecu tions hereunder, that the defendant made at least two sales of intoxicating liquor within three years next preceding the filing of the indict

ment.

SEC. 4. The inadequacy of the laws of this State to prohibit the unlawful sale of intoxicating liquors in the counties, justice precincts, cities, towns and other subdivisions of this State where the sale of intoxicating liquor has been prohibited by law, creates an emergency and an imperative public necessity, demanding the suspension of the Constitutional rule requiring bills to be read on three several days, and the rule is so suspended, and that this Act take effect and be in force from and after its passage, and it is so enacted.

Approved April 15, 1909.

Takes effect ninety days after adjournment.

LIFE INSURANCE-PROVIDING FOR CO-OPERATIVE
LIFE INSURANCE COMPANIES.

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An Act to provide for the incorporation, organization, regulation and supervision of co-operative life insurance companies in this State, and providing penalties for violations of this Act, and declaring an emergency.

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

SECTION 1. Nine or more persons, residents of the State of Texas, may form a co-operative life insurance company for the purpose of insuring the lives of individuals on the mutual, level premium, legal re- serve plan, subject to the conditions and limitations prescribed in this Act, by executing and acknowledging before some officer authorized to take acknowledgments to conveyances of real estate, articles of incorporation for that purpose. Such articles shall set forth: (1) The name and residence of each of the incorporators; (2) the name of the proposed company, which shall contain the words "Co-operative Life Insurance Company" as a part thereof, and which shall not be so similar to that of any other life insurance company or association transacting business in this State as to mislead the public; (3) the location of the principal office from which the business of the company is to be transacted; and (4) the number of directors and the name and place of residence of each of those who are to serve until the first regular election of directors, as provided by this Act. Such articles of incorporation shall be filed with the Commissioner of Insurance and Banking, who shall immediately submit them to the Attorney General for his examination and approval as complying in all respects with the law. If the Attorney General approve them, he shall so certify thereon in writing, and return them to the Commissioner of Insurance and Banking, who shall

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