The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-02-14

llilleS L llStl nave IOlluClSu uSClSlOuo
and made appointments which many
Of you believe to be wrong, still, now $
when passion has subsidized, and your (
cooler, calmer judgment reviews what
has taken place, 1 believe each and
desire to do what l believed at
With misgivings as to my ability to
satisfactorily discharge the important
duties which your partiality imposed
which has attended my efforts and
the assurances of satisfaction eX-
pressed in so many ways is certainly
very gratifying to me.
May Heavens blessings rest upon
you, and the pathway of each through
life lead only through pleasant places!
And when the silvery age comes on,
and the places we now occupy are |
iills d by the younger men of the coun- |
try, may we be able often to meet and |
greet each other as citizens of the |
greatest state in the American Union,
forever one and undivided.
l now declare the special session of
the Eighteenth legislature adjourned
without a day.
The following is the most impor-
tant bill passed this session. 1t was
signed by the governor as shown here.
An act to prohibit the unlawful fenc-
ing or enclosing, or keeping enclosed,
of the lands OF another, and of the
public, public school, university, and
asylum lands of the state of Texas,
and to prevent the herding, or loose
| herding or detention of stock upon
the lands of the state, the public
schools, university and asylumS, and
to provide penalties for the violation
of this act.
Sec. l. Be it enacted by the legisla-
ture of the state of Texas, That if any
person or corporation shall knowingly
make, or permit to remain standing,
any fence on or around the lands of
another, or the public, public school,
university or asylum lands OF this
state, without the written consent of
the owner thereof, duly acknowledged,
or a duly executed lease of such land
from the proper authority, in case Of
public, public school, university or
asylum lands, as the case may be, duly
recorded in the county where the land
lies, or to which it is attached for judi
cial purposes, he shall be deemed gull
ty of miSdemeanOr, and upon con-
victiOn therefor fined in any sum not
less than fifty cents and not more
than one dollar per acre per month
for each month so enclosed, or fined
and imprisoned in the county jail for
any period not over two years. With
in the meaning of person, as used in
this act, is included every man man
aging or controlling for corporation,
!. firm, or joint stock company, and any
, and every individual or person who
shall aid, assist or direct in the viola
ton OF this act. Half of all fines col
lected under the provisions of this act,
shall be paid to the person or persons
, informing on the person or corpora
ton who shall unlawfully enclose any
land; provided that each three months
, said land so enclosed shall constitute
/ a separate offense. A fence within
5 the meaning of this act is any struc,
ture of wood, wire or both, or any 9th.
: er material, intended to prevent the
- passage of cattle, horses, mules, asses
3 sheep, goats or hogs. Where persons
or corporations have unlaWfully
l fenced land belonging to the state, Oh
/ public school, university or asylum
5 lands, it shall be the duty of the attor
' ney general, either in person or by
| proxy, to institute proceedings in the
} name of the state against any person
t or corporation so unlawfully enclosing
S said lands; and the expense incurred
1 in employing counsel to prosecute
S such cases shall be deducted from thu
fine or fines collected from any person
f or corporation violating the provisions
l of this act, the balance to be paid t.
: the fund to which it belongs.
-t--Sea. 2. All persons or corporation
= who have already fenced lands within
@ the prohibition of this act shall havO
S six months from and after the tim
that this act goes into effect to con
d form to the provisions thereof /; pro
e vided, that the provisions of this &C
2 shall not apply to any person or cor
poration who has heretofore or ma.
hereafter, in good faith, fence LIANT
I OF their own.
Sec. 3. In all prosecutions unde
1 this act, the provisions of articles 69
p and 700 of the Penal Code of the Stat
, Of Texas shall apply.
r Sec. A. This act snail not apply t.
4 persons who have heretofore SETTLED
= upon lands not their own where tn
. enclosure is 200 acres or less, anC
T where the principal pursuit of sucl
+ person upon the land is that Of agri
= culture.
Sec. 5. That any person who owni
q or controls land surrounding land o.
: another, may-i3ge his own land, by
! fencing the inner boundaries of his
, survey, and leaving way or Liant
sixty feet wide (unobstructed by
gates, or otherwise to the outer boun
diaries of the surrounding land, al
such place as the owner or agent Of
the inner survey may demand; an(
, providing two gates at such places or
the inner and outer fences as the
, owner of the inner survey shall de
!, mand; and they shall be kept in condi
!, ton convenient for opening and clos
= ing by the owner of the fence; or if nc
! demand is made, the opening and gates
shall be at such place as the owner OF
the outer survey may select. WheI
the way or lane and gates are once
located, they shall not be changed, eX-
/, cept by consent of the owners of both
the inner and outer surveys.
Sec. 6. 1t shall be unlawful for any
person, firm or corporation to herd, OF
aid in herding, or cause to be herded
loose herded, or detained for grazing
! by line riding any cattle, horses, mules
, asses, sheep or goats on any
vacant public domain, school, univer.
sity or asylum lands within this state
unless the same shall have been leased
from the proper authority; provided
; that this section of this act shall not
apply to persons hearding such stock,
.. il gathering for, or carrying to and
from market, or in moving the same
from one section of the country to
another.
Sec. Z. Any person who shall know
ingly violate any of the provisions in
section of this act shall be guilty OF
a misdemeanor. al d, upon conviction
; shall be fined one hundred dollars for
. each year or part of year, for each
section, or part of a section (meaning
six hundred and forty acres of land or
less, whether surveyed in sections or
mott, which shall be used contrary to
the provisions of this act.
Sec. 8. The owner of the cattle
horses or sheep shall be liable to the
state in the sum of one hundred dol
lars for each year, or part of year,
for each six hundred and forty acres
of land or tract of less size. that may
be used contrary to the provisions of
this act, which may be recovered in a
civil action, without affecting the
criminal prosecutions prescribed here
IN.
Sec. 9. Where such Unbiased land
is now herded upon contrary
to the provisions of this act, be