The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-02-07

or HneS collected from any person or |
violating tie provisions |
of JhIs act. the balance to be paid to |
the fund 10 which it belongs.
Within the meaning OF "pe: sons, |
as used in this act, is included every |
man managing or controlling for IA |
corporation, firm or joint stock COM
pany, any and every individual or per-
son who shall act, assist or direct in
the violation of this act.
Sec. :. All persons or corporations
who have already fenced lands within
the prohibition of this act shall have
six months from and after the time
that this act goes into effect TO con-
form to the provisions thereof pro-
vided, that the provisions of this act
shall not apply to any person or cor
poratioa who has heretofore or may
hereafter III good faith fenced land
not their own.
Sec. 8. In all prosecutions under
this act the provisions of articles 500
and AGO Of the penal code of the State
of Texas shall apply.
Sec. 4. That it shall be unlawful for
any person, firm or corporation to
fence, or aid in fencing, or cause to be
fenced, any school, university or
asylum lands, within this state, unless
the same shall have teen first leased
from the state
Sec. D. 1t shall be unlawful for any
person, firm or corporation to herd,
or aid in herding. or cause to be herd
ed, loose herded or detained for grazing
any cattle, horses or sheep on any
school, university or asylum lands
within this state, unless the same shall
have been leased from the state.
q. ANY person who shall knowingly
violate any Of the provisions in sec
tons or Of this act shall be guilty
OF mlsdemeapOr, and upon convic-
ton shall be fined 800 for each year,
or part OF a year, for each section or
part OF a section (meaning each $40
acres of land or less, whether surveyed
in sections or not,) which shall be
used or trespaSsed upon contrary to
the provisions Of this act.
Z. The owner of the cattle, horses or
sheep shall be liable to the state in
the sum of 500 for each year, or part
| of n year, for each GAO acres of land
that may be used or tres passed upon
contrary to the provisions of this act,
which may be recovered in a civil
action without affecting the criminal
prosecutions prescribed herein.
8. Where such unle9sed land is now
| fenced, or herded upon, contrary to
| the provisions Of this act, it shall be
bar to the criminal and civil prOSecu-
ton hereinbefore provided for any
violation prior to January 1, \. ID.
1855, if the yi0iatOr of this act, or the
owner Of the cattle, horses of sheep,
shall, prior to the first day of Septe1i-
ber, A. D. 1884, pay into the state
treasury $32 for ca h section of $40
acres Cor tract OF less size used con-
trary to this act, for the benefit of the
fund to which the land belongs.
g. The state land board shall make
suitable rules and regulations, and ap-
point agents to protect the interest Of
the state in matters arising under this
| act.
Sec. 10. The GOV error is authorized,
and it is made his duty, to employ all
means which he may think proper and
necessary to ascertain all infractions
of this act in the unorganiZed coun-
ties. with i view to the enforcement
Of this act, and, to enable him to Sc
cure the enforcement of this act, in
| such unorganiZed counties, the sim of
ten thousand dollars is hereby apprO-
priated out of the money arising from
the lease of lands mentioned in this
act.
Sec. II. The fact that there is no
law making it penal to fence the
lands Of another, or the lands of
the state, and that large quantities of
land are so fenced, creates an impera-
tive public necessity that the rule, re-
quiring bills to be read on three sepa-
rate days shall be suspended, and that
this act shall take effect from and after
its passage, and it is so enacted.
Sc. II. That any person enclosing
the uncccupied lands of another may
avoid the penalties of this act by de-
posting, for the benefit of the owner
OF such lands, with the state treasurer,
the sum Of ten cents per acre, for
each tract so entered for each year or
portion Of a year, the same is enclosed.
Provided the person so fencing either
owns or legally controls the lands sur
rounding the land of another so en-
closed,
Sec. Is. This act shall not apply to
persons who may be settled upon land
not their own when the principal pur.
| suit Of such person is that of agTicul-
ture.
Sec. II. That any person at the
| time of so inclOsing such lands of an
other, without legal or equitable
| right thereto, may exempt himself
from all the penalties and Liabilities of
this act by constructing fence upon
his own land entirely around the land
50 enclosed of another, thus suggre-
eating from his pasture the said land
of another, and by giving him ingress
| and egresS through and over his said
pasture with as many as four gates at
such points Oh both fences as may be
indicated by the person having his
land so inclosed; and, provided, that
this act shall not apply to Enclosures
of 200 acres and less, nor in cases of
disputed lines of adjoining surveys.
See Is. That all laws and parts of
laws in conflict herewith, be and the
same are hereby repealed.
The rules were suspended and
House bill No. 2, 8 and 8 was taken
up. This bill has appeared in full in
these columns. The constitutional
rule was suspended, and the bill
finally passed and went to the COVER
nor.
a message from the House was re-
ceived saying House bill No. SO had
passed; also House bill No. Al.
Senate adjourned till three o'clock
AFTERNOON SESSION.
AT three o'clock the Senate again
convened.
Senator Martin reported Senate bill
No. 63 correctly engrossed.
Senator Matlock, on behalf of the
committee on public lands. reported
favorabJy on Senate bill No. -, a
bill rel ltlng to the purchase of uni
versity and school lands, and recon-
mended it pass with certain amend
ments.
Senat, Farrar was excused indef-
nitely.
A motion prevailed to take up Sen-
ate bill No. AZ. This Is the Gibbs bill,
providing for a gate in all fences
every two miles.
Senator Traylor offered an amend
ment to the effect that parties shall
have six months in which to build
such gates. Carried.
Senator Shannon offered an amend
ment to the eject that running in
the same general direction" be in
serted after Fences" in line three.
Carried.
Senator Stratton offered an amend
ment to the effect that the bill should
apply to only pasture lands. Carried.
Senator Terrell offered an amend
ment as follows: provided, that no
gate shall be required unless it opens
onto a road inside the enclosure, which
has been established pursuant to law
IL 10 4