Notice of filing of such proceeding and the taking of evidence shall be served upon the Attorney General whose duty it shall be to represent the State in such proceeding. The court may require the production of all books and records and may appoint a commission to take testimony, either within or without the State. The expense of the entire proceeding, including reasonable attorney's fees, the amount of which to be determined by the judge trying the case, and the same to be paid to the attorney representing the State, and same to be delivered by such attorney to the State Treasurer and by him deposited to the account of the general revenue fund of the State. The court, after modifying or reforming the judgment, as provided herein, shall retain jurisdiction of the case and at any time thereafter shall, upon showing that said corporation is violating the laws against trusts or monopolies, or has connection with any person, firm, or corporation engaged in violation of the laws against trusts or monopolies, set aside any order or judgment entered, in which event all proceedings based thereon, including all transfers of any and all properties shall be nullified, and it shall be the duty of the Attorney General, for good cause, to enter proceedings to set aside and nullify the modified judgment of the court and its proceedings, as herein provided. If the Court shall, after the hearing provided for, refuse to modify or reform such judgment, no permit shall be issued by the Secretary of State to such corporation or to any other corporation to which its properties or business have been transferred or which has assumed the payment of its obligation. 1903, p. 119; Acts 1917, p. 63; Acts 1919, p. 48.)

(Acts

Art. 7436. Penalties; venue; fees.-Each firm, person, corporation, or association of persons, who shall in any manner violate any provision of this subdivision shall, for each day that such violation shall be committed or continued, forfeit, and pay a sum of not less than fifty nor more than fifteen hundred dollars, which may be recovered in the name of the State of Texas in the district court of any county in the State of Texas, and venue is hereby given to such district courts. When any such suit shall have been filed in any county and jurisdiction thereof acquired, it shall not be transferred to any other county, except upon change of venue allowed by the court. It shall be the duty of the Attorney General or the district or county attorney under the direction of the Attorney General, to prosecute for the recovery of the same. The fees of the district or county attorney for representing the State in all antitrust proceedings, or for the collection of penalties for the violation of the anti-trust laws of this State, shall be ten percent of the amount collected up to and including the sum of fifty thousand dollars, and five percent of all sums in excess of the first fifty thousand dollars, to be retained by him when collected, and all

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such fees which he may collect shall be over and above the fees allowed under the general fee bill. The provisions of this subdivision as to fees allowed the prosecuting attorney shall not apply to any case in which judgment has heretofore been rendered in any court nor to any monies to be hereafter collected upon such judgment heretofore rendered in any court, whether such judgment or judgments are pending upon appeal or otherwise. The district or county attorney who joins in the institution or prosecution of any suit for the recovery of penalties for a violation of any of the anti-trust laws of this State, who shall, previous to the collection of such penalties, cease to hold office, shall be entitled to an equal division with his successor of the fee collected in said cause. In case of the employment of special counsel by any such district or county attorney, the contract so made shall be binding upon such prosecuting officer making such contract and thereafter retiring from office. In case any suit is compromised before any final judgment in the trial court is had, then the fees herein provided for shall be reduced one-half. (Acts 1903, p. 119; Acts 1909, p. 281.) Art. 7437. All agreements in violation of, void.-Any contract or agreement in violation of any provision of this subdivision shall be absolutely void and not enforcible either in law or equity. (Acts 1903, p. 119.)

Art. 7438. Actions to have precedence.-All actions authorized and brought under this subdivision on motion of the Attorney for the State, shall have precedence of all other business, civil or criminal except criminal cases where defendants are in jail. Id.

Art. 7439. Evidence preliminary to prosecutions.-Upon the application of the Attorney General, or of any of his assistants, or of any district or county attorney, acting under the direction of the Attorney General made to any county judge or any justice of peace in this State, stating that he has reason to believe that a witness who is to be found in the county in which such county judge or jus tice of the peace is an officer, knows of a violation of any provision of the preceding subdivision, it shall be the duty of such county judge or justice to have summoned as in criminal cases and to have examined such witness in relation to violations of any provision of said subdivision. The said witness shall be duly sworn; and the county judge, or justice of the peace, shall cause the statements of the witness to be reduced to writing and signed and sworn to before him, and such sworn statement shall be delivered to the attorney upon whose application the witness was summoned. Should the witness summoned as aforesaid fail to appear or to make sworn statements of the facts within his knowledge or to sign the same after it has been reduced to writing, he shall be guilty of contempt of court and

may be fined not exceeding one hundred dollars, and may be attached and imprisoned in jail until he shall make a full statement of all the facts within his knowledge with reference to the matter inquired about. (Acts 1907, p. 221.)

Art. 7439a. Requiring attendance of out of county witnesses in certain suits. For the purpose of enabling all parties to procure the personal attendance of witnesses in any suit which shall be instituted or is pending in any Court of competent jurisdiction in this State which involves a violation of laws enacted to conserve the natural resources of the State, or a violation of laws prohibiting trusts, monopolies, or combinations in restraint of trade, the clerk of said Court where such suit is pending, on the application of the Attorney General or any of his Assistants, or on the application of any county or district attorney acting under his direction, or on the application of any other party to said suit, shall issue a subpoena for any witness or witnesses who may be represented to reside within any county in the State of Texas, or be found therein at the time of the trial. Provided the clerk shall not issue subpoenas in excess of five (5) to compel the attendance of State witnesses or a like number to compel the attendance of defense witnesses without first obtaining a written order from the trial judge. Should any witness summoned as aforesaid fail to appear and testify in said case, he shall be guilty of contempt of Court, and may be fined not exceeding one hundred dollars ($100.00) and may be attached and imprisoned in jail until he shall attend said Court in person and testify as to all the facts within his knowledge with reference to the matter inquired about; provided, however, that any witness who resides out of the county where said suit is pending shall not be required to attend said Court and testify in person until the party or parties requesting his testimony shall have tendered to him if requested by said witness, sufficient money to defray his actual traveling expenses, not exceeding four cents (44) per mile going to and returning from the Court by the nearest practical conveyance, and two dollars ($2.00) per day for each day he may necessarily be absent from home as a witness in such cause. In case the State is the party requesting the personal attendance of such witnesses, such expenses shall be paid in the same manner as costs in felony cases. (Acts 1931, 42d leg., 1st C. S., p. 90, ch. 44, sec. 1.)

Art. 7440. Testimony; books and papers.-Whenever any suit shall be instituted, or is pending in any court of competent jurisdiction in this State by the Attorney General, or by any district or county attorney acting under his direction against any corporation, individual association of individuals, joint-stock association, or co

partnership, under any law of this State against trusts, monopolies, or conspiracies in restraint of trade, or under any laws of this State regulating or controlling corporations, domestic or foreign, the Attorney General, district or county attorney, as the case may be, may, in addition to the means provided by law, examine and procure the testimony or evidence of witnesses and have books, papers, and documents produced as evidence in the manner herein provided. (Acts 1907, p. 16.)

Art. 7441. Evidence, how taken.-Whenever any action is commenced or is pending as contemplated in the preceding article, by the Attorney General, or by any district or county attorney acting under his direction, and said officer representing the State, either upon the trial of the case, or in preparation for the trial thereof, desires to take the testimony of any officer, director, agent, or employee of any foreign or domestic corporation or joint-stock association proceeded against, or in case of any copartnership, any member thereof, or in case of any individual or individuals, either of them, and the person or persons whose testimony is desired resides either within or without said State, the said officer shall file in said court where the action is brought, either in term time or in vacation, or with any special commissioner who may be appointed by the court to take testimony, as provided for in this law, a written statement setting forth the name and residence of each person whose testimony he desires to take, and in a general way shall designate any books, papers, or documents he desires produced, and the time when and the place where either within or without this State he desires such person to appear and testify or to produce books, papers, and documents, if any are desired. Thereupon the judge of said court, or the commissioner, before whom said testimony is being or shall be taken, shall immediately issue written notice, directed to the attorney or attorneys of record in said cause, or the agent, officer, or employee of any corporation or joint-stock association, or directed to the attorney or attorneys of record of any copartnership, individual or individuals, or to any member of such copartnership or to any individual or individuals who are defendant or defendants in said action, notifying said attorney or attorneys of record, or officer, agent, or employee, aforesaid, or member or members of any copartnership, or individual, that the testimony of each person named in said notice is desired, and requiring said attorney or attorneys of record, or such officer, agent, or employee aforesaid, or member of such copartnership, or any individual to whom said notice is delivered, or upon whom the same is served, to notify and have said witness or witnesses, whose testimony or evidence it is desired to take, at the time and place named in said notice,

before the court or special commissioner named, then and there to testify, and then and there to have and produce such books, papers, and documents as are called for, and for any of the purposes herein provided. The court or the commissioner may continue the taking of such evidence from day to day, or adjourn from day to day at the same place until the same has been concluded. Id.

Art. 7442. Judgment on failure to produce books, papers, etc.— Whenever any officer, director, agent, or employee of any foreign or domestic corporation, or joint stock association, authorized to do business in this State, or any member of any copartnership or any individual, against whom suit has been filed, or is pending, as provided for in this title, or the attorney or attorneys of record of any such corporation, joint stock association, copartnership, or individual shall be notified in accordance with the provisions of this title that any of the books, papers or documents belonging to such corporation, joint stock association, copartnership, or individual, are wanted before the court, or special commissioner as provided in this title, it shall be the duty of such defendant corporation, joint stock association, copartnership, or individual as the case may be, to produce and present, or cause to be produced and presented, as required in said notice, all such books, papers and documents belonging to any such defendant, or under such defendant's control, as may be specified in said notice, in court or before said special commissioner, at the time and place so specified. In the event of the failure or refusal of any such corporation, joint stock association, copartnership, or individual, to comply with any of the provisions of this article, it shall be the duty of the court, upon motion of the officer representing the State, to strike out all the pleadings, answers, motions, reply or demurrer theretofore or thereafter filed in such case by such defendant corporation, joint stock association, copartnership, or individual and render judgment by default against any such defendant. Id.

Art. 7443. Notice to attorneys on failure to produce.-Whenever any attorney or attorneys of record, or any agent, officer or employee of any corporation or joint stock association, proceeded against as herein provided, shall be notified that any officer, director, agent or employee of any such corporation or joint stock association is wanted before said court, or any special commissioner, as provided herein, to give his testimony or to produce any such books, papers or documents of said corporation or joint stock association, as the case may be, or if any attorney or attorneys of record of any copartnership, or individual shall be notified that any member or members of said copartnership or any individual who are defendants in any such action are desired as witnesses, or to produce books, papers or docu