The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-04-23


And on refusal 10 make an answer TO
said inquiry or on failure TO do 80, within
thirty days from the mailing thereof, tbs
secretary Of state shall certify to the
prosecuting attorney Of the district or
county wherein said corporation Ii located.
and It shall be the duty OF such prescott
Ing attorney at the earliest practicable
moment. In the name Of the State and
at tho relation Of such prosecuting sttor-
ney, TO proceed against such corporation,
II a domestic corporation, for the recovery
OF the money forfeit provided for In this
act and also for the forfeiture OF It's char
ter or certificate Of incorporation. II a for
eign corporation to proceed again such
corporation for the recovery Of tho money
forfeit provided for In this act and to for
felt its rights to do business in this
State. And provided, that whatever
money, bonds or other suroties may be on
deposit in this State shall remain subject
TO the decision OF said court to secure
whatever penalties or costs that may be
adtudged against said corporation or in
dividual.
Sec. S. 1t shall be the duty Of the at
torney general and the prosecuting at
torney OF each district or county respec-
lively TO enforce the provisions OF this
act. Tho attorney general and the prose-
cutting attorney shall institute and con-
duct all suits begun In the district court.
and upon appeal the attorney general shall
prosecute said suits In the courts of civil
appeals and supreme court AS compensa-
ton for his services In this behalf. the
district or county attorney representing
the State shall be entitled to his actual
expenses incurred In the prosecution OF
such suits, to be paid the defendant or
defendants when judgment Is rendered for
the state to be taxed as costs by the court
hearing the cause. The prosecuting attor-
ney shall receive one-fourth OF the penalty
collected for his compensation.
Sec g. In all suits instituted to forfeit
the charter of corporations or to forfeit
the right Of corporation to do business
In this State, whore judgment OF for
teiture is thus obtained, the district cour,
rendering such Judgment shall allow the
prosecuting attorney a fee OF not less than
$25 nor more than $3.50, to DO paid out oil
the assets of said corporation; and when
the attorney general takes part in said
prosecution he shall be entitled to his
actual expenses. to be paid In like man
ner All actions authorized and brough,
under this act shall have precedence or
motion OF the prosecuting attorney or at.
torney general Of all other business, civi
and criminal. except criminal cases wher,
tho defendants are In Jail,
Sec. 7. Provided, that the six foregoing
| ntSfluhs Oh tnlb act BHhll DC construed u
be cumulative to all laws now in effoo
In this State.
\ \
The senate committee made maiorit
and minority reports. the former recon
mendng the passage OF the bill with tn
provlso that It be made effective on Janu
airy 1, 1900.
The house committee made majorit
and two minority reports. The majorit
| report recommended that the followiu
amendments be adopted:
add TO section OF the bill the follow
ing proviso; Provided. that the terms an
provisions Of this act and OF the aforesai
affidavit shall be construed 10 apply I