Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-01-18


the inclosipE of lands net their own
by persons, firms, or corporations, and
also to compel such persons, firms aud
corporations to open such lands here.
toforc inclosed within Fix months, and
TO tx penalties therefor.
In the house, January L., ISL.
Reported by committees on public
lands and land Office asa substitute Tor
house bill No. 81. Recommended to
pass, and 100 copies ordered printed.
Section !. BE II enacted By the Leg
islaturo of the state OF Texas, that it
shall be unlawful for any person, firm
or corporation hereafter to inclose any
land moi his or their own without the
written consent of the owner thereof,
signed and acknowledged before some
officer authorized TO take ackuowl.
Judgments, as IN caseeof deeds, which
said written inatrument shall be duly
recorded in the county where The land
is situated, and in case said land 50 in
closed is situated in an unorgunized
county, then such instrument shall he
recorded Ia the county to which said
unorganized county is attached for ju-
dicial purposes.
See. .. That 1t shall be unlawful for
any person, firm or corporation to
keep inclosed any land not his or their
own without the written consent of
the owner thereof, signed and ac-
kuowl,dged before some officer author
lied to take acknowledgements as in
case of deeds, which said written in
strument shall be duly recorded in the
county where the land Is situated, and
in case said land so inClosed IL situated
in All unorganized county, then such
Instrument shall be recorded in the
county to which said uuorganized
county is attached for judicial pur-
poses; pro ided. that six months after
this act takes effect shall he allowed 10
such person, firm or corporation to
turn said land out of said inclOsure, or
To- obtain the written consent of the
owner of said lands, in the manner
above prescribed
S,ctiun 3. Any person, hrm or cor
poration violating either section one
~ or two ~ of this act shall be
deemed guilty of an otieuse, and upon
conviction thereof shall he pushed by
imprisonment In the state peuiteutiary
for any period not less than one nor
more than five years, or by fine not
less than two hundred nor more than
two thousand dollars aud immison-
ment in the county jail for any period
not exceeding one year, on by such
fine without imprisonment.
See. i. Any person aggrieved by
having his land inclosed without his
consent AS specified in sections one ~
and two ~ OF this act shall be en-
titled 10 recover from any firm
or corporation, inclosing or keep
ing inclosed such land, ten cents per
month for each acre of improved
land 80 inclosed, ana twenty cents
per month for each acre Of improved
land so inciosed, during the time Haid
land is kept inclosed, TO be recovered
by suit many cour; having jurisdiction;
and courts of the county where said
land is situated shall have jurisdiction
of such suits. Nothing IN this act
shall be 81 construed as to affect any
person firm or corporation acting IN
good faith in inclOsing or Keeping iu-
closed said lands.
Sec. 5. Upon the trial of any case
coming within The provisions of sec
tons and . of this act, the state may
prove the ownership of the land to be
in some person other thnn the
defendant by either of the following
modes: BY u copy of grant duly
certified from the general land office
Oh tDls Sldle, OF ny ~ htS' VI tupS w "
deed or other evidence of title duly
certified from the office Of the clerk OF
the county court where such lnstru
ment is recorded, or by n
certificate from the comp
troller's Office, or collector
of taxes OF the county, that some per-
aon other than the defendant pays
taxes ON the land, or by verbal testi-
nouy OF title or of notorious use aud
possession of the land by some person
other than the de'endant; and such
proof shall be held sufficient until con
tradicted by evidence on the purJ of
The defendant that he is the owner of
the land, or has the consent Of the
owner, as specified in sections land :
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