Sec. 4. The district or county attorney shall receive the following fees, to be paid by the State: For conviction in all cases of felonious homicide where the defendant does not appeal or die or escape after appeal, and before final judgment of the court of criminal appeals, or where upon appeal the judgment is affirmed, the sum of $40. For all other convictions of felony, where the defendant does not appeal or die, or escapes after appealing and before final judgment of the Court of Criminal Appeals, where upon appeal the judgment is affirmed, the sum of $24. For representing the State in each case of habeas corpus, where the defendant is charged with felony, the sum of $16. when necessary, 90 cents; endorsing and for conveying prisoners and atthe forfeiture of any bond required to tached witnesses. be endorsed by him, 45 cents; levying each execution, $1.35; returning each execution, 65 cents; executing or returning each writ of possession or restitution, $2.70; posting the advertisements for sale under the execution or any order of sales, 90 cents; posting any other notice required by law not otherwise provided for, 90 cents; executing a deed to each purchaser of real estate under each execution or order of sale, $1.75; for each case tried in the district court or county court a jury fee shall be fixed for the sheriff of 45 cents; for executing a bill of sale to each purchaser of personal property under execution or order of sale, when demanded by the I purchaser, 90 cents; for services in designating a homestead, $1.75; for traveling in the service of any civil process, the sheriff of the said county shall receive 5 cents for each mile going and coming. If two or more persons are mentioned in the writ he shall charge for the distance actually and necessarily traveled in the service of the same. For collecting money on execution or order of sale when the same is made by sale for the first $100 or less, 4 per cent for the second $100, 3 per cent; for all sums over $200, 2 per cent. When the money is collected by the sheriff without a sale, onehalf of the above rate shall be allowed him. For every day the sheriff or his deputy shall attend the district or county court he shall receive $1.75 per day, to be paid by the county, for each day that the sheriff by himself or a deputy shall attend said court. Copy of attachment writ and return for recording, 90 cents. Summoning jurors in the district and county court, serving all election notices, notices to overseers of roads, attending the district and county courts and doing all other public business not otherwise provided for, the sheriffs of said counties shall receive such sum as may be allowed by the commissioners court annually, to be paid out of the county treasury upon the order of said commissioners court. Provided, that the amount so allowed shall not when added to all the other fees, salaries, commissions and perquisites collectable by said sheriff under the provisions of this bill exceed the sum of $2000 for any one year, exclusive of the allowance herein made for his necessary deputies and for feeding and burying prisoners, The district or county attorneys, for attending and prosecuting any felony case before an examining court, shall be entitled to a fee of $4, to be paid by the State, for each case prosecuted by him before such court. The several district and county attorneys of this State shall be entitled hereafter to such commissions as are now provided by law. The several district attorneys of this State shall each receive, in addition to the fees hereinabove specified, an annual salary of $500, to be paid by the State. The district or county attorneys of said counties shall also receive the following fees in misdemeanor cases, to be taxed against the defendant on convictions in all cases under the gaming law, when no appeal is taken or when on appeal the judgment is affirmed, $12. Where there are several defendants in a case, and they are tried together, but one fee shall be allowed and taxed in the case for the district or county attorney; but where the defendants sever and are tried separately, a fee shall be allowed and taxed for each trial. For every other conviction in cases of misdemeanor, where no appeal is taken or where on appeal the judg ment is affirmed, $8. Sec. 5. That clerks of the county courts shall receive the following fees in civil cases: Filing each paper. 5 cents; issuing notice, including copies for posting or publication, 60 cents: docketing each application, complaint or proceeding, to be charged but once, 10 cents; each writ of citation and each copy thereof, 40 cents; each copy 100 words, 15 cents; issuing each marof any paper that is required to ac- riage license, $1.00; recording each company any writ or citation, with marriage license and return, 40 cents; certificate and seal, for each 100 words recording each mark and brand, or 10 cents; issuing letters testamentary either, 20 cents; issuing each license, of administration or guardianship, 40 other than a marriage license, where cents; each judgment or decree, 40 the law provides for him to issue. cents; when judgment or decree ex- such license, 80 cents; recording and ceeds 200 words, an additional fee for certifying bills of sale under the each 100 words in excess of 200 stock laws, for each 100 words, 15 words, 10 cents; recording all papers cents; revising the list of marks and required to be recorded by them in brands, such compensation as the relation to estates of decedents or county commissioners court may alwards, for each 100 words, 10 cents; low; qualifying a notary public, 80 administering oath to executor, ad- cents; filing, etc., of chattel mortministrator or guardian, 10 cents; ad-gages, 20 cents; for entering satisfacministering oath or affirmation in tion of chattel mortgages, 20 cents; other cases, without certificate and seal, 15 cents; administering oath or affirmation with certificate and seal, 20 cents; entering each order of the court approving or disapproving a claim against an estate, 20 cents; filing each paper except subpoenas, 5 cents; entering each appearance,. to be charged but once, 10 cents; entering each continuance, except in estates, 10 cents; issuing each subpoena, 20 cents; each additional name inserted in each subpoena, 10 cents; approving each bond, except bond for cost, 80 cents; swearing each witness, 10 cents; swearing and empanelling a jury, 20 cents; receiving and recording verdict, 20 cents; assessing damages in each case not tried by a jury, 40 cents; each commission to take depositions, 40 cents. Taking depositions, each 100 words, 15 cents; each execu tion, order of sale, writ of possession, for recording each liquor dealer's bond, 80 cents; for issuing each liquor dealer's license, 80 cents; recording each mark and brand and giving certificate thereof, 60 cents; recording attachments and returns, same as recording deeds. Sec. 6. The several collectors of taxes shall each receive the following compensations: Beginning with the first day of September of each year, the first $10,000 of taxes collected, and 33-5 per cent on 42 per cent on the next $10,000 collected for the State, and 1% per cent on all collections over that sum; for collecting the county taxes, 41⁄2 per cent on the first collected, and $5000 of such taxes 33-5 per cent on the next $5000 collected, and 1 4-5 per cent on all such taxes collected over that sum; and in the collectors shall receive only 1 per counties owing subsidies to railroads, as allowed restitution or other writs not otherwise provided for, 40 cents; recording cent for collecting such railroad taxes, return on any process where return and in cases where property is levied is required by law to be recorded, 40 on and sold for taxes he shall receive cents. Copies of interrogatories and the same compensation other papers or records required to be by law to sheriffs or constables upon copied by them, including certificate making a levy and sale in similar and seal, each 100 words, when not cases, but in no case to include commissions on such sales. otherwise provided for, 15 cents; On all occupation and license taxes transcript in any case where appeal or writ of error is taken, with certificate collected, the collector shall receive and seal, each 100 words, 15 cents; 42 per cent on all such collections. Sec. 7. The several assessors of taxeach certificate to any fact or facts contained in the records of his office, es within this State shall receive, as with the certificate and seal, when not compensation for their services, comotherwise provided for, 40 cents; tax-missions on the value of property asing the bill of cost in each case with copy thereof, 20 cents; recording all papers required or permitted by law to be recorded, not otherwise provided for, including certificate and seal, for each 100 words, 15 cents; transcribing, comparing and verifying record books of his office, payable out of the county treasury upon warrant issued under order of commissioners court, for each For as sessed by them as follows: each poll, which shal be paid by the Harris. State. The commissions herein allowed to the assessors of taxes shall be collected and paid as now provided by law. Sec. 8. That all laws and parts of laws in conflict with this act be and the same are hereby repealed. Sec. 9. That whereas this session of this Legislature is drawing to a close, and the crowded condition of the calendars of both houses, and the fact that there is now no just and adequate law providing for and regulating the fees of the district and county officers of the State creates an emergency and great public necessity requiring the suspension of the constitutional rule requiring bills to be read on three several days in each house. and said rule is suspended it is so enacted. Mr. Beaird moved to postpone further consideration of the bill until tomorrow at 10 o'clock a. m. Hill of Travis. Pitts. Holland of Burnet Reubell. McFarland. Schlick. Shropshire. Smith. Stokes. Tracy. Turner. aughan, Gua'lupe, Wallace. Wilcox. Moore, Fort Bend. Ward. Alexander. Williams. Wolters Absent. Neighbors. Skillern. Smyth. Welch. Excused. Mundine. Peery. Thax on. Bailey. Bean. Bell. Benson. Bertram. Browne. Collier. Crawford. Cureton. Curry. Dean. Dennis. Dies. Dorroh. Lillard. Love. Moore of Lamar. Patterson. Pfeuffer. Porter. Seabury. Evans of Hunt. Stamper. Evans of Grayson. Staples. PAIRED. Mr. Wall (present), who would vote "yea," with Mr. Strother (absent), who would vote "nay." Mr. Savage (present), who would vote "yea," with Mr. McGaughey (absent), who would vote "nay." Question recurring on the motion to postpone, yeas and nays were demanded by Mr. Bird, Mr. Freeman and Mr. Maxwell. Postponed by the following vote: Yeas-50. Fields. Fisher. Gilbough. Tucker. Hensley. Vaughan of Collin. Nays-58. corporations operating railroads or street railways for injuries to their servants and employes, and to prohibit contracts between employer and employe, based upon the contingency of the injury or death of the employe, limiting the liability of the employer for damages," With majority favorable report, and minority adverse report, the minority reporting a substitute for the bill. (Mr. Seabury in the chair.) The bill was read second time. Mr. Freeman moved to suspend pending business to take up and place on its second reading, Senate bill No. 226, a bill to be entitled "An act for the promotion of medical science by the distribution and use of unclaimed human bodies for scientific purposes through a board created for that purpose, and to prevent unauthorized uses and traffic in human bodies and to legalize dissections by authorized persons." Mr. Conoly moved to take a recess until 3 o'clock p. m. to-day, and the motion was lost. On the motion to suspend, yeas and nays were demanded by Mr. Childs, Mr. Wolters, and Mr. Drew. Lost by the following vote: Yeas-48. Beaird. Absent. Bean. Kimbell. Logan. Bell. Smith. Blackburn. Manson. McKamy. Turner. Holland of Burnet. Welch. Moore, Fort Bend. Morris. Neighbors. Oliver. Pfeuffer. Shelburne. Dies. Dorroh. Edwards. Shropshire. Senate bill No. 1, a bill to be entitled "An act to prescribe and define the liability of persons, receivers or Brewster. Alexander. McFarland. Burns. Patterson. Holland of Harris. Rudd. Lotto. Wallace. Maxwell. Excused. Barbee. Mundine. Barrett. Peery. Bumpass. Reiger. Callan. Flint. Henderson. Humphrey. Rogan. Kirk. McGaughey. Rhea. Thaxton. NOTICE. Mr. Dean gave notice that he would on to-morrow morning call up the motion to reconsider the vote by which Senate bill No. 263 was passed, which motion was entered on the Journal last Saturday. COMMITTEE REPORTS. By Mr. Ward, Chairman: Committee Room, Austin, Texas, April 28, 1897. Hon. L. T. Dashiell, Speaker of the House. Your Judiciary Committee No. 1, to whom was referred House bill No. 697, a bill to be entitled "An act to amend article 3135 of title 61, of the Revised Civil Statutes of the State of Texas, relating to the maintenance of jails." Have had the same under consideration, and I am instructed to report the same back to the House with the recommendation that it do pass. WARD, Chairman. Committee Room, Austin, Texas, April 28, 1897. Hon. L. T. Dashiell, Speaker of the House: Your Judiciary Committee No. 1, to whom was referred House concurrent resolution No. 24, to relinquish to John L. Peeler, as trustee of the citizens of the city of Austin, all the right, title, claim and interest of the State of Texas, in and to ninety-one acres of land situated in Travis county, Texas, with the improvements thereon, known and designated as "Camp Mabry;" it being the same property conveyed by said John L. Peeler, trustee, to James S. Hogg, Governor of the State of. Texas, and his successors in office by deed bearA. D. 1892, and recorded in the deed ing date the 14th day of December, records of Travis county, Texas, in book No. 105, on pages 466, etc. Have had the same under consideration, and I am instructed to report the On motion of Mr. Blair, the House, same back to the House with the recommendation that it do pass. at 12:15 p. m., took recess until 3 o'clock p. m. to-day. AFTERNOON SESSION. The House was called to order by the Speaker at 3 o'clock p. m. Pending question, Senate bill No. 1, the fellow servant bill, on its passage to a third reading. (Mr. Bailey in the chair.) WARD, Chairman. By Mr. Melton, acting chairman. Austin, Texas, April 28, 1897. Your Committee on Irrigation, to whom was referred House bill No. 702, a bill to be entitled "An act to amend chapter 2, of title LX, Revised Statutes of Texas, relating to irrigation, so as to insert article 3125a providing for the equalOn motion of Mr. Maxwell, Mr. Lot-ity of price of water to all irrigators," to was excused for to-day, on account of important business. Have had the same under consideration, and I am instructed to report the |