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SEC. 5. That all laws and parts of laws contrary to the provi sions of this act be and the same are hereby repealed, and that this act take effect and be if force from and after its passage.

Passed September 18, 1871.

The foregoing act, received in the office of Secretary of State,. September thirty, one thousand eight hundred and seventy-one, having been presented to the Governor of Texas for his approval, and not having been returned by him to the House in which it originated, within the time prescribed by the Constitution, has become a law without his approval.

J. E. OLDRIGHT, Acting Secretary of State..

CHAPTER II.

AN ACT AMENDATORY OF AN ACT ENTITLED AN ACT PRESCRIBING THE TIMES OF HOLDING THE DISTRICT COURTS IN THE SEVENTH JUDICIAL DISTRICT OF THE STATE, APPROVED

MARCH 4, 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the first section of the above recited act be so amended as hereafter to read as follows: That the district courts of the several counties in the Seventh Judicial District in the State of Texas be holden at the times hereinafter prescribed as follows: In the county of Titus on the second Mondays in March, July and November, and may continue in session three weeks; in the county of Cass on the third Mondays after the second Mondays in March, July and November, and may continue in session two weeks; in the county of Marion on the fifth Mondays after the second Mondays in March, July and. November, and may continue in session until the business of said court is disposed of.

SEC. 2. That this act be in force from and after its passage.
Approved September 22, 1871.

CHAPTER III.

AN ACT MAKING AN APPROPRIATION FOR THE MILEAGE AND PER DIEM PAY OF THE MEMBERS, AND THE PER DIEM PAY OF THE OFFICERS AND EMPLOYES OF THE TWELFTH LEGISLATURE OF THE STATE OF TEXAS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the sum of one hundred and fifty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated out of any money in the Treasury not otherwise appropriated, for the mileage and per diem pay of members, and the per diem pay of the officers and employés of the Twelfth Legislature of the State of Texas.

SEC. 2. That the certificate of the Secretary of the Senate, approved by the President thereof, or the certificate of the Chief Clerk of the House, approved by the Speaker thereof, shall be sufficient evidence to the Comptroller, upon which he shall audit the claims and draw his warrants upon the Treasurer for the respective

amounts.

SEC. 3. That this act shall take effect from and after its passage. Approved September 28, 1871.

CHAPTER IV.

AN ACT SUPPLEMENTARY TO AN ACT TO PROVIDE THE MODE OF

TRYING TITLES TO LAND, APPROVED FEBRUARY 5, 1840.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That in any action of trespass to try titles to land, brought under the act to which this is a supplement, it shall not be necessary for the plaintiff to deraign title beyond a common source, and proof of a common source may be made by the plaintiff by certified copies of the deeds showing a chain of title to the defendant, emanating from and under such common source; but before any such certified copies shall be read in evidence, they shall be filed in the papers of the suit two days before the trial, and the adverse party served with notice of such filing as in other cases; provided, that such certified

copies shall not be evidence of title in the defandant unless offered in evidence by him, and the plaintiff shall not be precluded from making any legal objection to such certified copies or the originals thereof when introduced by the defendant.

SEC. 2. That this act shall take effect and be in force from and after its passage.

Passed September 28, 1871.

The foregoing act, received in the office of Secretary of State October twenty-three, one thousand, eight hundred and seventyone, having been presented to the Governor of Texas for his approval, and not having been returned by him to the House in which it originated within the time prescribed by the Constitution, has be come a law without his approval.

J. E. OLDRIGHT, Acting Secretary of State.

CHAPTER V.

AN ACT TO AMEND THE THIRD SECTION OF AN ACT ENTITLED AN ACT TO AMEND AN ACT PRESCRIBING THE TIMES OF HOLDING THE DISTRICT COURTS IN THE SEVERAL JUDICIAL

DISTRICTS IN THE STATE, APPROVED AUGUST 10, 1870, APPROVED MARCH 4, 1871.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the third section of the above recited act be and the same is hereby amended so as to read as follows: That the thirtyfifth section of the above recited act be and the same is hereby amended so as to read as follows: Section 35. That the district courts of the Thirty-fourth Judicial District shall be holden at the times hereinafter specified, to-wit: In the county of Bell, on the third Mondays in March, September and December, and may continue in session four weeks; provided, that when there may m[b]e five Mondays in either of the months of March, September or December, then said courts may continue in session five weeks: in the county of Coryell on the third Mondays in January, April and October, and may continue in session two weeks; provided, that when there may be five Mondays in either of the months of January, April or October, then said courts may continue in session three weeks: in

the county of Hamilton on the first Mondays in February, May and November, and may continue in session one week; in the county of Comanche on the second Mondays in February, May and November, and may continue in session one week; in the county of Erath on the third Mondays in February, May and November, and may continue in session two weeks.

SEC. 2. That, as to the times of holding the courts, this act take effect from the first day of January, 1872,. but as to the issue of process returnable to said terms, this act take effect from and after its passage.

Approved October 4, 1871.

CHAPTER VI.

AN ACT TO AMEND AN ACT PRESCRIBING THE TIMES OF HOLDING THE DISTRICT COURTS IN THE SEVERAL JUDICIAL DISTRICTS IN THE STATE.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section twenty-five of an act entitled, “An act prescribing the times of holding the district courts in the several judicial districts in the State," approved August 10, 1870, be and the same is hereby amended so as to read as follows: That the district courts of the Twenty-fourth Judicial District, shall be holden at the times hereinafter specified, to-wit: In the county of Maverick on the first Mondays in November, March and July, and may continue in session two weeks; in the county of Uvalde on the third Mondays in November, March and July, and may continue in session two weeks; in the county of Bandera on the first Mondays in December, April and August, and may continue in session two weeks; in the county of Medina on the third Mondays in December, April and August, and may continue in session two weeks; in the county of Atascosa on the first Mondays in January, May and September, and may continue in session until the business is disposed of. That for judicial purposes, the unorganized counties of Kinney and Dimmit shall be attached to the county of Maverick; the counties of Zavala and Dawson to Uvalde, and the county of Frio to the county of Atascosa.

Approved October 13, 1871.

CHAPTER VII.

AN ACT TO PROHIBIT THE SALE OF INTOXICATING LIQUORS 10 PERSONS WITHIN THE SCHOLASTIC AGE IN THE STATE OF TEXAS.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That any person dealing in intoxicating liquors, who shall sell or give away to any person or persons coming within the scholastic age (as prescribed in the Constitution), without the written consent of the parents or their proper representative, any intoxicating liquors, shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than twenty-five nor more than one hundred dollars for each and every offense.

its

SEC. 2.

passage.

That this act take effect and be in force from and after

Approved October 13, 1871.

СНАРТER VIII.

AN ACT TO AMEND AN ACT ENTITLED AN ACT TO PROVIDE FOR DISTRICTING THE STATE OF TEXAS INTO JUDICIAL DISTRICTS, APPROVED JULY 2, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That the twenty-sixth section of "An act to provide for districting the State of Texas into judicial districts," approved July 2, 1870, be amended so as to read as follows: That the Twentysixth Judicial District shall be composed of the counties of Menard, Mason, Gillespie, Blanco, Comal, Kendall and Kerr, together with the unorganized counties heretofore attached for judicial purposes to those counties respectively.

SEC. 2. That this act take effect from and after its passage.
Approved October 13, 1871.

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