SEC. 422. When such notice has been given, a certified tran-. script of the proceeding shall be made out and transmitted to the Supreme Court. Such transcript shall not contain anything which does not relate to the order, decision or judgment appealed from. When notice of appeal has been given by the same person from more than one decision, order or judgment entered of record, in the same estate, at the same term, all of the appeals may be embraced in the same transcript.

SEC. 423. If there be not time to make out such transcript before the first day of the next term of the Supreme Court after such appeal is taken, it shall be transmitted to said court within sixty days after such appeal be taken.

SEC. 424. The appeal shall not suspend the decision, order or judgment, except in the cases mentioned in the succeeding section, unless the appellant, within twenty days after the entry thereof, cause a bond to be filed in an amount fixed by the court at the time of entry of appeal, signed by one or more sureties, payable to and approved by the clerk, to the effect that the appellant shall perform the orders and judgment which the Supreme Court may make therein, in case the decision be against him.

SEC. 425. An appeal suspends the decision, order or judgment, without bond

1. When taken by a claimant from the disapproval of his claim. 2. When taken by the executor, administrator, guardian or trustee, except where the controversy is respecting the right to administer, or the settlement of an account.

SEC. 426. When the certified copy of the judgment of the Supreme court is received, it shall be entered of record as the decision, order or judgment of the District Court.

SEC. 427. Where a certified copy of the order or judgment of the Supreme Court is received, dismissing an appeal or quashing a supersedeas, it shall be entered of record, and the decision, order or judgment shall stand as if no appeal or supersedeas had been taken or obtained.

SEC. 428. Any person interested may, by a bill of review filed in the court in which the proceedings were had, have any decision, order or judgment rendered under this act, revised and corrected, on showing error therein. But no process or action under such decision, order or judgment shall be stayed, except by writ of injunc

tion.

SEC. 429. A suit by bill of review must be commenced within two years after the proceedings were had that are sought to be reviewed, saving to persons non compos mentis, infants and

feme coverts, two years after their respective disabilities are removed.

SEC. 430. That this act take effect and be in force from and after its passage.

Approved August 15, 1870.

CHAPTER LXXXII

AN ACT TO LEVY TAXES.

SECTION 1. Be it enacted by the Legislature of the State of Texas, That there shall be levied and collected, for the use and support of the State, on all property, real and personal, a direct ad valorem tax of one-third of one per centum, on the first day of January, 1871, and on that day in every year thereafter.

SEC. 2. That there shall be levied on and collected from every male person above twenty-one years of age, resident within this State, on the first day of January next, and on that day in every year thereafter (Indians not taxed, and persons non compos mentis and idiots excepted,) an annual capitation tax of one dollar each.

SEC. 3. That there shall be levied on and collected from every railroad, insurance or telegraph company, doing business within this State, an annual tax of two per cent. upon the gross receipts of the same.

SEC. 4. That there shall be levied on and collected from every person, firm, or association of persons, pursuing any of the following named occupations, an annual tax (except when otherwise herein provided) on every such occupation, or separate establishment, as follows: For selling spirituous, vinous, malt and other intoxicating liquors, in quantities less than one quart, one hundred and fifty dollars; provided, that this section shall not be construed so as to include wines manufactured in this State. For selling spirituous, vinous or other intoxicating liquors, in quantities of one quart or more, and for selling beer in quantities of one pint or more (except retailers who have obtained license therefor,) one hundred dollars ($100.) For every billiard, bagatelle, pigeon hole, Jenny Lind table, or anything of the kind used for pleasure or profit, twenty-five dollars. For every nine or ten pin alley within any incorporated city or town, used for profit, five hundred dollars. For every nine or ten pin alley beyond the limits of any incorporated city or town, or

county site, fifty dollars. For every foot peddler, ten dollars, in each and every county. For every one horse peddler, or a peddler with one yoke of oxen, twenty-five dollars, in each and every county. For every peddler with two horses or two yoke of oxen, fifty dollars, in each and every county in which he or they may pursue such occupation. For every gift enterprise, five hundred dollars. Every person. firm or corporation, who shall sell anything with a promise, either expressed or implied, to give anything in consideration of such sale and purchase, shall be regarded as a proprietor of a gift enterprise. For every transient theatre or dramatic representation, for which pay for admittance is demanded or received, for each representation thereof, five dollars. For every circus, where equestrian performances or acrobatic feats are exhibited, for which pay for admittance is demanded or received. for each performance thereof, notwithstanding more than one may take place daily, twenty-five dollars. For every menagerie, waxwork, or exhibition of any kind, when a separate fee for admission is demanded or received, five dollars for every day in which fees for admission are received. For every concert, where a fee for admission is demanded or received, five dollars. Entertainments for charitable purposes are excepted. For every first-class hotel, fifty dollars. For every cook-shop or eating-house, or any house kept for public resort for any purpose, fifteen dollars. For every livery stable, one dollar for each stall therein, and herein shall be included as stalls such space as may be necessary for a horse to stand, and in which a horse is or may be kept. For every distillery, one hundred and fifty dollars. For every brewery, seventy-five dollars. From every person selling goods by sample, card or otherwise, one hundred and fifty dollars. From every traveling agent selling or bartering patent rights, patent or specific medicine, fifty dollars. From every person who deals in stocks or bills of exchange, two hundred and fifty dollars. From every agent or sub-agent of any insurance company, not chartered by this State, fifty dollars, and two per cent. on gross receipts. From every physician, surgeon or dentist, ten dollars. From every attorney-at-law, ten dollars. From the owner or operator of a Daguerrean or such like gallery, by whatever name it may be known or called, if in a city or incorporated town of less than five thousand inhabitants, twenty-five dollars; if more than five thousand inhabitants, fifty dollars; if elsewhere, ten dollars. From land agents, there shall be collected an annual tax of fifty dollars. The term land agent shall be construed to mean any person, firm or association of persons, who perform for compensation any of the following services as a business: purchasing or selling real estate for others, locating land for others, buying and

selling land certificates, examining into land claims belonging to others, and reporting on the condition thereof. But the term land agent shall not so be construed or interpreted so as to levy tax in addition to the tax of ten dollars levied on lawyers or any duly licensed attorney-at-law for investigating the legal titles to lands in litigation.

SEC. 5. That the taxes levied by the preceding section on theatres, circuses, concerts, shows, etc., shall be collected, and no license to pursue any calling or vocation, shall be granted for a less period than three months.

SEC. 6. That all licenses taken out to pursue any taxable calling or occupation before the first day of January next, shall expire on that day; and if the occupation be one upon which a tax is levied in section four hereof, the pro rata amount for the unexpired time shall be credited on the amount as levied by this act.

SEC. 7. That the Police Court shall have power to levy taxes equal to one-half of the amount as herein levied, except of the two per centum on the gross receipts of railroads, telegraphs and insurance companies.

SEC. 8. That the taxes levied by this act are payable in the national currency of the United States, but the valuation of property for the assessment of ad valorem tax shall be made in specie, as provided in the assessment act.

SEC. 9. That this act shall take effect and be in force from and after its passage.

Approved August 15, 1870.

CHAPTER LXXXIII.

AN ACT TO ASCERTAIN AND ADJUDICATE CERTAIN CLAIMS FOR LAND AGAINST THE STATE, SITUATED BETWEEN THE NUECES AND RIO GRANDE RIVERS.

SECTION 1. Be it enacted by the Legislature of the State of Teras, That any person who may be the original grantee, heir, or legal assignee of any grant of land, emanating from the Spanish or Mexican governments, and having its origin previous to the nineteenth day of December, A. D. 1836, and situated between the Nueces and Rio Grande rivers, and below a line drawn from the northern boundary of Webb county to the mouth of the Morcs creek,

emptying into the Nueces river, may file a petition to the District Court of the county of Travis, or where the capitol of the State may be; which petition shall be filed at least ten days before the time of holding of said District Court, and shall contain a full description of the land claimed, setting forth particularly its situation, boundaries and extent, and shall accompany such petition with the titles or evidences of titles or right under which the same is held or claimed; and the said District Court shall investigate the same in accordance with the laws of nations, the laws, usages and customs of the government from which the claim is derived, and the principles of equity, so far as the same are applicable, and shall give judgment for the confirmation of the same when the title is perfect; or when imperfect, when the same would have been matured into a perfect title under the laws, usages and customs of the government under which it originated, had its sovereignty over the same not passed to and been vested in the Republic of Texas; provided, said title or right was originally founded in good faith; and provided, that no service of such petition shall be necessary.

SEC. 2. Be it further enacted, That each of the claimants shall, at the time of filing of said claim, accompany the same with an affidavit, made before some competent officer, that the title or evidences of title of the claim submitted for investigation is not forged or ante-dated, but that the same is genuine, and that he is the true and lawful owner or part owner thereof, and that all the facts set forth in his petition are true to the best of his knowledge and belief; and any claimant swearing falsely as to any of the facts herein required to be sworn to, shall be deemed guilty of perjury, and on conviction thereof shall be punished accordingly.

SEC. 3. It shall be the duty of the Attorney General of the State to superintend the interests of the State in the premises, to attend the trial of any such causes, and to file cross-interrogatories when depositions shall be taken.

SEC. 4. The clerk of the District Court of the county where the suit is carried on, shall be and he is hereby authorized and required, on application of the Attorney General, or of any claimant, or his counsel, to issue writs of subpoena, commanding the attendance of a witness or witnesses before said District Court, to give testimony in the cause to be tried.

SEC. 5. Any claimant under this act shall pay all costs of court expended in his behalf, and shall, in addition, be taxed a fee of twenty-five dollars; which fee shall, by order of the court, be paid to the Attorney General representing the interests of the State in such cause.

SEC. 6. The District Court shall, without the intervention of a