The Laws of Texas, 1913-1914 [Volume 16] Page: 405 of 1,574
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GENERAL LAWS. 395
voters of the district voting thereon vote in favor of additional bond issue
and levy of tax and payment therefor, said directors shall declare such
result, and enter the same in the minutes of said directors, and order
such bonds to be issued as in the manner otherwise provided in this Act.
SEC. 59. The bonds issued under the provisions of this Act shall be
issued in the name of the irrigation district, signed by the president and
attested by the secretary, with the seal of said district affixed thereto,
and such bonds shall be issued in denominations of not less than one
hundred dollars nor more than one thousand dollars each, and such bonds
shall bear interest at the rate of not to exceed six per cent per annum,
payable annually or semi-annually. Such bonds shall by their terms
provide the time, place or places, manner and conditions of their payment,
and the interest thereon as may be determined and ordered by the
directors for such irrigation district, and none of such bonds shall be
made payable more than forty years after the date thereof.
SEC. 60. No suit shall be permitted to be brought in any court of
this State contesting or enjoining the validity of the formation of any
irrigation district created under the provisions of this Act, on any bonds
issued hereunder, except in the name of the State of Texas by the
Attorney General, upon his own motion, or upon the motion of any party
affected thereby upon good cause shown, except as herein provided.
SEC. 61. Any irrigation district in this State desiring to issue bonds
in accordance with this Act shall, before such bonds are offered for sale,
bring an action in the district court in any county of the judicial district
in which said irrigation district may be situated, or in the distrct court
of Travis county, to determine the validity of any such bonds. Such
action shall be in the nature of a proceeding in rem, and jurisdiction
of all parties interested may be had by publication of summons for at
least three weeks in some paper of general circulation published in the
county where the action is pending, and in the county in which said
district is situated. Notice shall also be served upon the Attorney General
of the State of Texas of the term of court to which said suit is
made returnable. Such notice to the Attorney General shall contain a
copy of all of the proceedings had in the formation of such district,/and
in connection with the issuance of said bonds.
SEC. 62. It shall be the duty of the Attorney General to make a
careful examination of all such proceedings and require such further
evidence and make such further investigation as may seem to him advisable.
He shall then file an answer tendering the issue as to whether or
not 'such district has been legally established and as to whether such
bonds are legal and binding obligations upon such district. The issue
thus made shall be tried and determined by the court and judgment
entered upon such finding. Upon the trial of such cause the court may
permit any person having an interest in the issue to be determined, to
intervene and participate in the trial of the issues made. All suits
brought under the provisions of this Act shall have preference over all
other actions in order that a speedy determination as to the matters
involved may be reached.
SEC. 63. Upon the trial of the issues made under the preceding Section
of this Act, if the judgment of the court shall be adverse to the district,
then such judgment may be by said district accepted, and the errors
pointed out in such proceedings may be corrected, in the manner desig
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1913-1914 [Volume 16], book, 1914; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth10838/m1/405/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .