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

SUBSTITUTE OIIereQ by MI. Ayers.
The bill was ordered engrossed by a
vote of 90 to 20.
Various committee reports were
sent up without reading.
Mr.. Pdtton, by request, sent up a bill
amending the revised statutes relative
to change of venue.
The House adjourned till o'clock.
AFTERNOON SESSION.
Speaker Gibson and quorum pres
ent.
Mr.. Foster, of Limestone, moved to
suspend the rules and take up for final
passage Substitute House bill No. 80
and 81, to prohibit unlawful enclO-
sures of lands of another, or of the
free school, university and as! lum
lands.
Mr.. Ramey, of Anderson, offered an
amendment applying to the provisions
of the act to enclosures in excess OF
tourty acres and to less than fourty
acres only on verbal consent Of the
owner.
The amendment was lost.
The bill was finally passed-ayes 81,
noes 4.
Mr.. Cundiff called up his bill
House bill No. 9S-including jail as
well as court house bonds in the law
providing for the issuing of county
| bonds. The bill was ordered to be en-
crossed and was finally passed.
Mr.. Frymier asked for suspension
of the rules to take up the New Or
leans Exposition bill. The House re-
fused
The regular order was taken up,
being House bill IL, to amend the act
providing for classification, sale and
lease of the free school, university and
asylum lands.
Mr.. Chenoweth offered as a subSti-
tute for the bill House bill No. 81,
the bill presented by himself, being
an act to control and dispose of all
such lands except those claSSed as TIM
bered. The features of the bill were
reported at the time it was presented.
Afte. the bill was read the House
adjourned till 10 o'clock Thursday.
The following is the bill which
passed the House as above reported:
A bill to be entitled An act to pro.
hibit the unlawful fencing or IL
closing or keeping inclosed of the
lands of another, and of the public
public school. university or asylum
lands OF the State of Texas, and tC
provide penalty therefor.
Section 1. Be it enacted by the
Legislature of the State of Texas
That if any person or corporation
shall knowingly make or permit tC
remain standing any fence on CT
around the land of another, or thf
public, public school, university OF
asylum lands of this state, without
the written consent of the owner
thereof, duly acknowledged, or Il 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
said land lies, or to which il
is attached for judicial purposes, bt
shall be deemed guilty of a mis-
demeanor, and upon conviction there
for, fined in any sum not less thai
so cents nor more than s. per acre pei
month for each acre so enclosed, o.
fined and imprisoned in the county
Jail for any period not over two ye rs
and in cases against corporations thu
writs shall run, and the Judgment b.
executed against the persons Of thu
officers, agents or managers of such
corporations or any of them"
"Half of all fines collected unde
the provisions of this act shall be paiC
to the person or persons informing Oh
the person or corporation who shall
unlawfully enclose any land"
Provided, that each three months
said land is so enclosed shall constitute
a separate offense.''
A fence within the meaning of thi;
act is any structure Of wood or wire
or of both, or of any other material
intended to prevent the passage O
cattle, horses, mules, asses, sheep
goats or hogs.
Amend by adding to end of section
L: Where person or corporation
have unlawfully fenced land belong
ing to the state, or public school, uni
versity or asylum lands, it shall be tht
duty of the attorney-general,e either il
person or by proxy, to institute pro
ceedings in the name OF the stat
against any person or corporation 81
unlawfully enclosing said lands, anl
the expense encurIed in employing
counsel to prosecute such cases shall
be deducted from the fine or fines col
lected from any person or corporation
violating the provisions of this act
the balance to be paid to the fund tt
which it belongs"
Sec. 2. All persons or corporations
who have already fenced lands within
the prohibition of this act shall have
six months from and after the tim,
that this act goes into effect to con
form to the provisions hereof; pro
vided, that the provisions of this ac
shall not apply to any person or corpo
ration who has heretofore or may here
after in good faith fence land not theil
own.
Sec. 3. In all prosecutions under this
act the provisions of article 500 anC
700 of the penal code of the state Of
Texas shall apply.
Sec. 4. 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 sc
fenced, creates an imperative public
necessity that the rule requiring bills
to be read on three separate days shall
be suspended, and that this act shall
take effect from and after its passage,
and it is so enacted.
Sec. 4. That all laws and parts of
laws in conflict herewith be and the
same are hereby repealed.