Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-08-02

naturalized foreigner, or to any firm. COM
pany, etc, composed of such in whole or in
part.
Article 10a of the recent act provides that
this chapter shall not apply to any alien
who shall at the time of acquiring title to
lands in Texas have declared his intention
of becoming citizen of the United States
of America, and who shall in obedience 10
such laws become a citizen within six
years from the time such intention was de-
cAred.
A careful examination of these three sec
lions of the statute. the first before the
amended law was passed, and the two last,
parts of the amending act suggests a query.
Suppose a resident alien has made his
declaration of intention as provided in
article 10 of the old law, and had negotiated
for the purchase of land 10 be paid for in in
StallmentS. extending over NUMBER of
years, which term OF years has not been
completed, or payments of the installments
have been by agreement extended beyond
six years, and said payment has not been
completed and said alien has not taken out
his final papers, nor received deed or
other evidence of title, could he now, hav-
ing completed such payment, receive such
deed? If not. having been by his declara-
ton of intention enabled to receive such
deed under the law as it aforetime was, and
having contracted pay on the faith thereof,
and paid his money, would not as to him
the act be eX post factoi That such a case
might readily arise is easy to be seen, and
that such cases do exist is entirely probable.
Deeds to aliens being declared void. that
is. imperative and of no effect as grants
of title against what would an action by
the state operate2 If the deed is void
the alien receives no title. If he does not
receive it, the same remains in his grantor
Would not the state then eScheat lands to
which the alien never had tltlet
submitted, not as an argument, nor as the
expression of any fixed opinion as to how
the features of the law referred to will
affect its operation, but simply as sugges-
tions which it is believed will readily oc-
cur to the professional mind on eXamina-
ton of the act.
TRANSFER OF FLOODED STOCK.
BY chapter 81, page 81, purchasers of i'm
proved stock are sought TO be protected
against frauds in pedigree, and whoever
shall knowingly furnish d false certificate
that any animal is of blue blood ana patri-
clan descent where in fact such animal is of
scrub" and plebeian origin, shall be deemed
an offender and be punished by fine or i'm
prisonment. Capter ID, page 81.
PLEADING.
The change made by amendment of arti-
Gle 1874, title -, amending such pleadings
as must be under oath is found in sub-diviS-
ion q. and consists in the insertion of the
ceivership TO be made under oath in like
manner as when partnership is denied.
SUITS on OFFICIAL BONDS.
Much difficulty has been encountered in
bringing suits on the official bonds of de-
faulting officers where the official in default
has been his own success or, and has given
bonds signed by different bondsmen. The
legislature has attempted to remove this
difficulty by providing that the SuretieS on
each and all of said bonds may be joined in
one suit under certain conditions. Article
81, page So
This is a radical departure from the
rules of pleading both al common law and
under our system, but the purposes sought
to be attained fully iustites it. l desire,
however, to call attention to the language
of the allegation required to justify such re-
joinder as set forth in section of the act.
1t is whenever it is alleged in the petition
that it is difficult to determine when the de-
fault sued for occurred, and which of the
official bond therefor" The first part of
this sentence is clear and easily understood,
but what is meant by the part following
conjunction land" viz, which of the Off
cial bond thereof it is difficult to say.
The allegation being laid in the coniunc-
tive the whole must be stated and the
pleader can only follow literally the statute,
leaving Judicial construction TO supply-if
ii can be dOne-what the lawmakers evil
IDENTIFY intended to say, VIZ, ana which of
said official bonds, or which of said officials
bondsmen, are responsible therefor.
INTEREST.
BY chapter Is, page 81, the rate of inter-
est in all written contracts ascertaining the
sum payable, where no rate is agreed on and
on open accounts where no rate Is agreed on,
is fixed at per cent, amending Articles 1916,
2977 and 29sO, by which it is fixed at per
cent The legislature evidently construed
Section H. Article IL of the Constitution,
L.
est shall not exceed per cent, TO authorize
reduction of the rate below that figure,
but as the said section of the constitution
aftirmatively authorizes q contract rate as
high as u per cent. d constitutional amend
ment was passed for submission TO the peo
pie declaring any rate greater than 10 per
cent usuriouS and fixing the legal rate at 6
per cent Section 1876, page -, laws
Twenty-second legislature.
REVENUE AGENT.
The Office of revenue agent is one entirely
new to Texas but the scope of the duties
assigned him and the purposes sought to be
subserved appear to commend this act as
wise one. The governor, whenever in his
Judgment the public service demands such
action, may direct the revenue agent
to investigate the books and accounts of
any officer receiving or discussing public
funds and report the results of such iuyesti-
CATION. Chap. o. page 81.
PROTECTION OF BIRDS.
The killing of any sea-gull, tern, shear
water. egret, heron or pelican. or destroy
ing the eggs of the same, or taking their
eggs from their nests, except where such
killing or taking be done for scientific pur-
poses, was evidently deemed by the legis-
iature most reprehensible, since the act
was made. and wisely SO, an offense pun
ishable by fine, and was adopted with the
emergency clause. Chapter II, page 90
BY chapter IS, page "a, the law as to APP
pearance day and process and return, as it
Tuesday of the first week of the term of
of Friday is now appearance day. and SER
vice must be made ten instead of five days
before return day. This change of the law.
which was greatly to be desired, is directly
attributable to the action of the association
1t is in my Judgment TO be regretted that
the amendment had not gone to the entire
extent fixed by the bill which was prepared
and presented to the legislature, which was
to the effect that If service was not effected
until after return day, or if suit was fled
in term time in counties where the term
lasts more than a certain number of weeks,
probably four, the first Monday after ten
days had elapsed after service should be the
appearance day for such action. This could
have worked no injury to any litisant and
would have greatly facilitated the dispatch
of business in the courts and prevented de-
lay and expense.
In large, populous and wealthy county
such as Grayson, where but two terms of
court are held each year and the session
lasts four months, it would have been of