CHAPTER LXXVIII.

AN ACT TO AUTHORIZE THE COUNTY COURT OF MILAM COUNTY. TO LEVY AND COLLECT A SPECIAL TAX FOR THE PURPOSE OF ERECTING A NEW COURT HOUSE IN SAID COUNTY.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That the County Court of Milam county be, and they are hereby authorized to levy and collect a special ad valorem tax of one per cent. on all the taxable property in sai. co nty, for the purpose of erecting a court house at the county site thereof, in the town of Cameron, to be levied and collected as other State and county

taxes.

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

Approved May 8, 1871.

CHAPTER LXXIX.

"

AN ACT TO REPEAL THE THIRD SECTION AND TO AMEND THE SECOND SECTION OF AN ACT TO REGULATE THE SALE OF LANDS UNDER DECREES OF COURTS," APPROVED AUGust 13, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That the third section of the above entitled act shall be and the same is hereby repealed.

SEC. 2. The second section of said act shall hereafter read as follows, viz: "Section 2. It shall be the duty of the court which renders the decree under which such sale is made to specify the size, shape and quantity of the lots to be sold. and the court may order the employment of a surveyor to divide the land and lay off the lots for sale, whose fees shall constitute a part of the costs of the proceeding, and be paid out of the proceeds of the sale of the land; provided, that when more than one lot shall be purchased by the same person, the officer making the sal, unless otherwise directed by the purchaser, shall include all of said lots in the same deed, and shall in such case be entitled to fees for making one deed only."

SEC. 2. This act shall take effect and be in force from and after

its passage.

Approved May 8, 1871.

CHAPTER LXXX.

AN ACT TO VALIDATE CERTAIN ACTS OF THE COUNTY COURT OF VAN ZANDT COUNTY.

WHEREAS, F. J. Burns, Robert Harper, J. R. Deen, J. S. Darby and S. M. Murphy were declared by General Orders No. 18, dated Austin, February 1, 1870. to be the duly elected justices of the peace of the county of Van Zandt; and

Whereas, Said five justices of the peace, viz: Burns, Darby, Deen, Harper and Murphy did take and subscribe and file within the required time, in the office of the Secretary of State, the several oaths or affirmations prescribed in General Orders No. 74, dated Austin, April 16, 1870; and

Whereas, Four of said five justices of the peace, viz: Harper, Deen, Darby and Murphy, after taking and subscribing said oaths or affirmations and filing the same in the office of the District Clerk of said county, did fail to file such oaths or affirmations within the required time in the office of the Secretary of State, as prescribed by said General Orders No. 71; therefore,

Be it enacted by the Legislature of the State of Texas, That all and several the acts and proceedings heretofore had by said jus tices of the peace, while sitting as the County Court of the county of Van Zandt, are hereby declared to be valid and legally binding, to all intents and purposes, as though all the requirements of said General Orders No. 74 had been fully and entirely complied with in all respects whatever.

Approved May 8, 1871.

CHAPTER LXXXI.

AN ACT TO AMEND AN ACT ENTITLED "AN ACT FIXING THE TERMS OF THE SUPREME COURT OF THE STATE OF TEXAS, AND AU THORIZING AND REQUIRING the court TO ESTABLISH RULES,' APPROVED AUGUST 13, A. D. 1870.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That section one of the act to which this is an amendment be so amended as to read as follows: "That the Supreme Court of the State of Texas shall commence its next annual term on the first Monday in December, A. D. 1871, and each term thereafter shall commence on the first Monday in December of each succeeding year. Each term to continue, subject to such adjournments as the court may deem necessary, until the causes on docket at the time assigned for the hearing of causes from the several districts shall be acted on, or submitted, or until the beginning of the next term." SEC. 2. This act to be in force from and after its passage. Approved May 8, 1871.

CHAPTER LXXXI I.

AN ACT AMENDATORY OF AN ACT ENTITLED "AN ACT TO ORGANIZE THE COURTS OF JUSTICES OF THE PEACE AND COUNTY COURTS AND TO DEFINE THEIR JURISDICTION AND DUTIES," APPROVED AUGUST 13, 1870.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That section four of "An act to organize the courts of justices of the peace and county courts and to define their jurisdiction and duties" shall hereafter read as follows: "Section 4. Every suit in the court of a justice of the peace shall be commenced in the precinct in which the defendant or one or more of several defendants reside, or in the precinct where the debt was agreed to be paid or the contract performed, except that suits for the possession of real property must be commenced in the precinct where the property or a part thereof, is situated; suit for the recovery of rents must be commenced in the precinct where the

rented premises or a part thereof are situated, or where the defendant resides. A defendant may be sued before a justice of the peace in a county in which the contract, by its terms, is to be performed, or in which the defendant resides; a suit against an executor, administrator or guardian, to establish a demand for money against the estate he represents may be commenced before the justice of the peace at the county seat of the county where the estate is administered, or in the precinct where the executor, administrator or guardian resides; a suit against a private corporation created by or under the laws of this State, may be commenced in any precinct where it has a place of business, or in which its chief officer resides; a suit against a private corporation created by or under the laws of any other State or county must be commenced in a precinct in which there is property of such corporation, or in which there is an agency thereof, or in which the cause of action, or a part thereof, arose; a suit against the owners of a steamboat or other vessel, without naming them, may be commenced in any precinct where the boat or vessel may be found. If there be no justice of the peace qualified to try the suit in the precinct where the defendant resides, or in which he might be sued under any of the sub-divisions of this article, the suit may be commenced in any adjoining preciuct; and if there be no justice of the peace in any adjoining precinct qualified to try the suit, it may be commenced in any precinct in the county; a suit against a railroad or canal company, or an owner of a line of mail stages, or other coaches, for an injury to person or property upon the road, canal or line of stages or coaches, of the defendant, or upon a liability as a carrier, may be brought in any precinct through which (said) road, canal or line of stages or coaches may pass, or in any precinct where the route of such railroad, canal, stages or coaches may terminate. A person who has no fixed residence may be sued in any precinct in the county. Residents of incorporated cities and towns may be sued before any justice of the peace within the limits of the corporation. The residence of a single person is where he boards."

SEC. 2. Be it further enacted, That section eleven of the above recited act shall hereafter read as follows. "Section 11. That any party, his agent or attorney, may appeal from any final judgment in any civil cause, rendered by any justice of the peace, to the district court of the county in which such final judgment shall have been rendered, upon notice thereof being given in open court; provided he shall within ten days after the rendition of such judgment file with such justice a bond, with one or more good and sufficient sureties, in a sum equal to at least double the amount of such judgment, interest and costs, payable to the appellee,

conditioned that the party appealing shall prosecute his appeal to effect, or shall pay and satisfy the judgment or decree that may be rendered againtst the obligors in such bond."

SEC. 3. That this act take effect and be in force from and after

its passage.

Approved May 8, 1871.

CHAPTER LXXXIII.

AN ACT AUTHORIZING ADMINISTRATORS, EXECUTORS, GUARDIANS AND TRUSTEES TO SECURE THEIR BONDS BY PLEDGE OF REAL ESTATE.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That any administrator, executor, guardian or trustee shall have the privilege of securing their bonds by pledge of real estate in lieu of personal security, at their option.

SEC. 2. That any such administrator, guardian, executor or trustee, who shall hereafter desire to make a new bond, or change the security from personal to real estate on any such bond already in existence, shall file his application with the judge of the court having jurisdiction of such cases, setting forth the nature and amount of the bond, also the location and description of the real estate offered as security.

SEC. 3. Upon the filing of any such application before any judge having jurisdiction, it shall be his duty to appoint three disinterested commissioners, who shall examine the titles and assess the value of the real estate, and report the same under oath; and if the judge shall be satisfied that the title is vested in the said applicant, and the real estate of sufficient value to cover all responsibility of said applicant upon his bond, the prayer shall be granted; provided, that such pledge shall be allowed only of unincumbered real estate, and in no case for more than three-fourths of its cash value.

SEC. 4. Upon granting the prayer of the applicant, as set forth in the preceding section, he shall make and duly record in the records of the county in which the real estate is situated, a good and sufficient mortgage deed, or deed in trust, payable to the judge or his successor in office, conditioned for the faithful discharge of his duties as set forth in his bond, when it shall be the duty of the judge to approve the bond, the same as in cases where personal