■■■■•/■ .: ■■;/■: :■; ■ "■ THE STATE OF TEXAS,- ) Department of State. ) I, R. J. Townes, Secretary of State of the State of Texas, do certify that the Extra Session of the Ninth Legislature of said State, convened, in accordance with the Proclamation of the Governor, at Austin, on Monday the second day of February one thousand eight hundred and sixty-three, and adjourned on Friday, the 6th day of March the same year. And, I further certify that, the acts and resolutions contained in this volume, are true copies, taken from the original rolls deposited in this Department, which have been carefully compared. Given under my hand, and the Seal of the Department of State affixed, at the City of Austin on the seventh day of June one thousand • eight hundred and sixty three. • R. J. TOWNES, Secretary of State. GENERAL LAWS OF TUB TENTH LEGISLATURE, OF THE STATE OF TEXAS. PUBLISHED BY AUTHORITY. HO CJSTQK: PRINTED AT Til ; GALTESTON NEWS. Digitized by the Internet Archive in 2010 with funding from Duke University Libraries http://www.archive.org/details/generallawsoften05texa GENERAL LAWS. CHAPTER I. [ AN l4lZ:rt' ln ' J Un **"*^ '<> *** the Contingent fig ,, of the Te»* ^^Ao^Z^^L^Xf the S!ale ° f *~. ~ <* as may be necessary, be and the Z e J, J . r J UTy D °. tes - or so much 'hereof gent expenses of the Tenth LegSaU.re 7 appropnate(1 to P a J oras lhe or as the Agent of any County IWftS^k* - 1 Urchas ?? A S ent . as aforesaid; Aid Associaton: ■' o/other iodat on r P ircha l In S p "PP^s; orof any -Mutual the poor and needy £ri\lTZ™to?'&% je r * f, to P^"re supplies for any Texian or Confederate' State, sil, W *, \? T for ih ? iam] * or familir any other article o^sXS^of ty ^cvSn-Z^f' ^ h °F' Caltle Men, wagons, ambulance, w» », ' , , p ,1°'^ horses, mules, work Ae amies; or' shaU toTanv ffiS ^!S? w ^ w ^^«* ore needed m ^resenting that the article orarS i, ™~J er lab ° r '' ° r rent ™y Lo «^ s 5 ">" ise and benefit of such State or rin^ V n ? ch ™ d are on account of, or for the >r families; or that he n£%£ ZfSt?"* ?*****'> ^^iation/or County, he Confederate States or State of rtZ' -° r h ° UEes S0 hired - are T ™ the use of l«emed t-uiltx -of a felonv ™h ? f Texas ' man 7 manner; such person shall be EurisdSn shaU be Jin? 1^°° Con / lction th "eof in a court of compe ■ labor nit lP^?i-n* Pd y co , nfin ement in the State Penitentiary at Approyc^NVy^rfb^MoeJ. 1 "^ ^ tm J ^ for *"* ^encf" 7 - * 4 CHAPTER III. AN ACT to authorize the Supreme Court of the State, for the Galveston District, to told Us Spring lerm at the City of Austin, or elsewhere. Section 1. Be it enacted by the Legislature of the State of Texas, That the 8a S taut of the State for the Galveston District, is hereby au homed to hold its Soring Term for the year 1864, and annually thereafter, at the City of Austi . or i such other place as the Sup...... Court may determine until the C ty ot GalveS is permanently relieved of the presence oi the publ.c > enemy cL. 9 Tint il. a Fudges of said Court are hereby authorized to have the le- oortud !• ! a^eiS^o theSup,,,,,, «',u,. of said Galveston District^ corus ami i I il . « } k , g e p ar ate and apart from the records S ;"r-," "1 "•£ An '.in !>£& '. «a. 10 be Umed «. .be Galveston Ditttet, "ff "A \KK-i -S Sta in for" -Von, a„„ aft., ■„ passage. Approved November 27th. 1863. CHAPTER IN. fers and to extend lh< time for th Se2,«ndSe^ Bbction l Be a -,.«cf*/ ty » , 1 , 1 iat a, J BeS^oer foe various Pre-empti. shall have unti .he 1st day of Jan uarv 1866 to return their field notes ind pay the dues thereon. sir. J ■ All laws conflicting with I lion ol this Act, are hereby re- P tia'3. That this Act shall t, d be in force from and after its passage. Approved November 271 CHAPTER V. IV ICTtoavd of Deserters andoihet i Suction 1 Bi "-/'- & rhM ' I,, the duty of *e Sheriff, ot . ceive into custody, and safelv keep, all person, committed to then- c order of i cWm&oned offiJer in the military service of t] or of S « ^ ,i, of Texas ; That the order of the oflicer committing the offendj Bhal 1 'a « i ttciV.it warrant ... the Sheriff receiving into his custody the , or per"o. ' ci ir^ed with desertion, or any other offense a, and h shall be the duty of the Sheriff to safely keep sa.d i until otherwise ordered by the military authorities, or until du oouieofthe law of the land; Prorided, however. committing s*id offenders, shall provide for th. and shall furnish a sufficient guard, if the i . Bac. 2. That this Act take I be in tor- Approved November 27th. 1>C:'>. «M!.\ AKACTtoamemlthr fi rs passed Dec. im, 1849, Section 1. Be it enact 'J Th first section of the aboi . ; ^nTemJw Confederate States of Americ ■ - ' ' ') ™f°" ered, to purchase, acquire, hoi I cupy and : within the limits of this State, as they shall judge it expedient, and shall seek to occupy and hold as sites on which to erect and maintain light houses, fort*, garrisons, military stations, magazines, arsenals, dock-yards, armories or manufac- tories for arms or munitions, and all other needful buildings or any of tbem. as contemplated and provided in the Constitution of the Confederate States of America ; said purchases to be effected either by contract with the owner or owners of said land or land-, or in the manner hereinafter provided. Sec. 2. That this Act be in force from its passage. Approved November 27tb, 18(53. CHAPTER VII. AN ACT to suspend all laics for the Collection of Debts and Liabilities on Bonds, Promissory Notes, Bills of Exchange, and Contracts for the Payment of M • until tirdve months after the Ratification of a Treaty of Peaet orfi federate States oi i mica, or until otherwise provided by lair. Section 1. B- it enacted bytht tie of Texas. That until twelve months after the ratification ot a treaty of peace between the Confederate States of America and the United tt atea of America, or until otherwise provided by law. all laws for the collection of debts and liabilities ou bonds, promissory notes, bills of exchange, and contracts for the payment of money, except in cases of official liabilities on the part of public officers, liabilities and indebted- ness to the State, and also where money has been received on deposit, or in trust for those who may lie entitled to the same, and for the collection of the interest on the money loaned at interest by guardians, belonging to their wards, are hereby suspended : Provided, That this act shall not be construed to forbid the issuance of writs of attachment, sequestration, or injunction, nor the insti- tution of necessary preliminary proceedings for that purpose, in accordance with existing laws ; and, provided further, that this act shall not apply to any claim or demand against alien enemies ; and, provided further, that this act shall not be so construed as to interfere with the action of the Supreme Court in deciding all cases as now directed by law. Sec. 12. That this act shall not apply to parties who have cases now pending in the Courts, who agree, in open Court, to proceed to trial. Sec. 3. That until the expiration of the time named in the first section of this act. or until otherwise provided by law, no executiou or venditioni exponas, founded upon any judgment or decree, obtained previous to the passage of this act. shall be issued for the sale of property, nor shall there be any sales under execution or writs of venditioni exponas, now issued or levied, unless the judg- ment creditor, or his agent or attorney, shall make an affidavit in writing, before the Justice of the Teace, or the Clerk of the Court, to whom he shall apply for said execution or venditioni exponas, that the defendant is about to remove his property beyond this State, or the Connty where the judgment or decree was rendered, or that he is about to transfer or secrete, or has transferred or secreted hia property, for the purpose of defrauding his creditor?, arid that, thereby, the plaintiff will probably lose his debt ; and he shall also swear that the writ is not sued out for the purpose of injuring the defendant: Provided, That any debtor or defendant, who may have property in the hands of the Sheriff or other officer, under l^vy of execution or venditioni exponas, shall, within sixty days after the p kbla act, replevy the same, by giving bond in double the value of the property, or the amount of the debt, if it be less, with good and sufficient security, payable to the plaintiff in the writ, for the forthcoming of the property when th i remedies for the collection of debts, hereby suspended, shall be revived. Sec. 4. That this act shall not be con-trued to discharge the lien which has already been acquired by due process of law, nor e >ne, during which this law is in force, be computed . ■■• where th if limitation comes in question. Sec. 5. That during the time named in this act, or until otherwise provided by law, it shall not be necessary to issue execution or writs of venditioni exponas to prevent judgments from becoming dormant, nor shall it be necessary for the holder of any bill of exchange or promissory note to bring suit against the acceptor of such bill of exchange, or against the maker of such promissory note, in order to secure and fix the liability of any drawer, or endorser, of such bill of exchange, or any endorser of such promissory note. Sec. 6. That until the time named in the first section of this act, or until otherwise provided by law, there shall be no sales of property under deeds of trust, or mortgages, or hypothecations in writing : but the beneficiaries under the same shall be entitled to the benefits of the writ of sequestration, in accord- ance with the existing laws : Provided, That in all cases where the property conveyed by deeds of trust, or mortgages with power of sale in the mortgagee, may be of a perishable nature and liable to depreciation in value by lapse of time, the beneficiaries in such deeds of trust or mortgages shall, after the maturity of the same, be entitled to the benefits of the writ of sequestration, upon making affidavit in writing before the officer to whom he shall apply for said writ as follows, to wit: First, that he holds an unsatisfied deed of trust, or mortgage, upon the property sought to be sequestrated, and which shall be described in the affidavit, and shall also state that the debt secured by said deed of trust, or mortgage, is due and unpaid, and the amount thereof; second, that said property is of a perishable nature and is depreciating in value, or that it is being wasted by the person in possession of the same, and that, by reason of such depreciation or waste, the security provided by such deed of trust, or mortgage, will become insufficient, before the lapse of time provided for in this act, for the payment of the amount due on such deed of trust or mortgage, and thereupon said writ of sequestration shall be issued, and the property seques- trated may be replevied by the debtor, or grantor, in said deed of trust or mortgage, or in default thereof, by the beneficiary therein, as now provided by law, under the act regulating sequestration. Sec. 7. That un'il the time named in this act, or until otherwise provided by law, no property of any soldier, seaman, or marine, now or hereafter en- gaged in the military or naval service of the Confederate States of America or the State of Texas, shall, during such service, be levied on under execution, or sold by virtue of any levy heretofore made ; nor shall the property of any such soldier or marine be subject to attachment, or writs of venditioni exponas, or sequestration, during his continuance in said service. Sec. 8. That this act shall take effect and be in force from and after the first day of January, A. D.. 18C4. Approved December 2d, i860. CHAPTER VIII. AN ACT to provide for the en of additional labor in the State Peni- tentiary. Section 1. Be it enacted by the Legislature of the State of Texas. That it shall be the duty of the Financial Agent. of the State Penitentiary, under the advice of the Directors thereof, to hire an additional amount of labor for said Peni- tentiary. Sec. 2. That said Financial Agent shall employ either white persons or slaves, or both, to labor in said Penitentiary, as may be found most advan- tageous to said institution ; and as much labor shall be so employed as can be advantageously used in working the whole of the machinery in said institution. Sec. 3. That in all receipts and disbursements of money, under the pro- visions of this act, the said Financial Agent shall be governed by the laws in force in other cases ; and he shall also include in his annual reports to the Direct- ors an account of such action as he may take, nnder the provisions of this act. Sec. 4. That in order to carry out the provisions of this act, said Financial Agent is authorized to use such an amount of money as may be necessary, out of the appropriation made for the purposes of the Penitentiary, or Out of the proceeds of sales of articles manufactured therein. Sec. 5. That this act take effect and be in force from and after its passage. Approved December 2d, 1863. CHAPTER IX. AN ACT making an appropriation for the mileage and per diem pay of the Members, and the per die) - . ] Officers of' Ute Tenth L&jislature of the- State of Texas. Section- 1. Be it en ■ t of the Slate of Texas. That the sum of seventy-five thousand dollars in Confederate Treasury notes, or so much thereof as may be necessary, be and the same is hereby appropriated, out ot any money in the Treasury not otherwise appropriated, for the mileage and per diem pay of the members and the per diem pay of the officers of the,Tenth Legislature of the State of Texas. Sec. _. That the certificate of the Secretary of the Senate and the certificate of the Chief Clerk of the House, shall be sufficient evidence to the Comptroller, upon which he shall audit the claims and draw his warrants upon the Treasurer for the respective amounts. Sec. 3. That this act be in force from and after its passage. Approved December 4tb, L863. CHAPTER X. AN ACT to require District Attorneys to report to (he Comptroller's Office in certain Cases. Section 1. He it enacted by (he Legislature of tl^c State of Texas, That the Comptroller shall furnish to the several District Attorneys respective statements of defalcations to the State in their districts, specifying names of defaulters and amounts due. which claims shall have been placed in the charge of said Attorneys for collection; and thereupon said Attorneys, respectively, shall make complete returns to the Comptroller twice a year at the expiration of the regu- lar circuits of the courts of the Districts, showing the exact condition of any suits that shall have been instituted for such collections, and the precise situa- tion of the collections, that shall have been made, either with or without suits ; and in any case where such Attorney shall have failed to make such return, the salary of such delinquent shall not be paid until the proper return shall have been received at the Comptroller's Office. Sec. 2. This Acjt shall be in force from its passage. Approved December 4th. 1 CHAPTER XL AN ALT to amend ''An Act concerning Common Carriers and defining tlieU' lia- bilities in certain ciscs,'' approved February 4th, laOO. Section 1. Lc it enacted by the Legislature of the State of Texas, That the first section of " an Act concerning Common Carriers and defining their liabilities in certain cases," approved February -1th, 1SG0, be so amended as hereafter to read as follows, to-wit : Section 1. Be it enacted by the Legislature of the State of Texas. That railroad companies and other common carriers of goods, wares, and merchandise lor hire, within this State, on land, or in boats, or vessels, od the waters entirely within the body of this State, shall not limit, or restrict their liability, as it exists at common law, by any general or special notice, nor by inserting 'exceptions in the bill of Lading, or memorandum given upon the receipt of the goods for transportation, nor in any other manner whatever, and 8 no special agreement, made in contravention of the foregoing provisions of this section, shall be valid. Sec. 2. That this Act take effect and be in force from and'after its passage. Approved December 4th, 1863. CHAPTER XII. AN ACT to amend the 1st section of an Act approved January 14M, 1862, I0 fix the Salaries of the officers and Clerks therein named. Section 1. Be it enacted by the Legislature of the State of Texas, That the first section of the above recited Act shall hereafter read as follows, viz : That the salary of the Governor's Private Secretary shall be twelve hundred dollars per annum. Sec. 2. That this Act shall take effect and be in force from and after its passage. Approved December 4th, 1863. CHAPTER XIII. AN ACT to provide for the Manufacture of Spinning Jennies. Section 1. Be it enacted hy the Legislature of the State of Texas, That it shall be the duty of the Military Board to cause to be constructed, with as much dis- patch as practicable, at the State Foundery in the City of Austin or elsewhere, machines for. spinning cotton thread, commonly called spinning jennies, to be gold to the people and the proceeds of the sales paid into the State Treasury ; and in the sales of said machines, regard shall be had, as far as practicable, to the wants of the people in different parts of the State. Sec. 2. That for the purpose of carrying into effect the foregoing section, the sum of two hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated. Sec. 3. That this Act take effect and be in force from and after its passage. Approved December 7th, 1803. CHAPTER XIV. AN ACT to amend " An Act to suspend the operations of the Estray Laws, for and during the existence of the present War, and for six months after its termina- tion, extept in certain cases," approved Feb. 25th, 1863, shall hereafter read as follows, to^wit : Section 1. Be it enacted by the Legislature of the Stale of Texas, That from and after the passage of this Act, all laws and parts of law#, providing for the estraying of stock, and prescribing the course of proceedings in the same, and of selling stock heretofore estrayed, shall be in all things suspended for and during the exisience of the present war, and until six months after peace shall be concluded, with the exceptions hereinafter mentioned. Sec. 2. That any person may have the right, under the regulations now in force for estraying stock, to estray any vicious animal, or breachy stock, that is likely to injure the stock in the range, or the property of any person, and any person desiring to estray any such stock shall, in addition to the regulations heretofore prescribed, prove by two credible witnesses, by an affidavit in writing, to be filed with the papers in the County Clerk's office, that the property estrayed is vicious, breachv, or so unruly as to be dangerous, and unfit to run at large. Sec. 3. That any person or persons, having estrayed any property which was unsold at the time of approving of the above Act, he, she, or they, shall proceed to sell such stock, aa heretofore prescribed for selling estray stock. Sec. 4. Provided, that in all cases of sales under this Act of stock hereafter estrayed under the provisions of this Act, the person estraying said stock shall not be permitted either directly or indirectly, to bid for such stock, and shall, «w fn ?hl r g f a v° nnt 0f / eeS u f0r ^ s,ril .ving, pay the whole amount of the sale into the County Treasury for the use of the county, if not claimed by the legal owner of said stock. J Sec. 5. That this Act take effect and be in force from and after its passage. Approved December 7th, 18G3. l ° CHAPTER XV. A inl' 1 ^ ''7r l lC ° f 11 ™™*^™, ?r so ,nuch thereof as nmy be necessary, 7Jn • L : n J "n >d °; l ° *T& •'"'' ''<' I>( - { ' vv ' '•" '■•' ®<& <*nd to Bevel rnvaswn, and jor the Purchase of Machinery for manufacturing purposes. ITnlfpS^I ^ e - Xl fn S W3r ' , wagod hy the P e °P lc and Government of the ™, f ,'h ' again r l 1lH 'u P' °? I* and Government of the Confederate States, or the purpose of repelling the invasion of this State by the enemy, therefore U d by the Legislature of the State of Tesas, * mereiore, Section 1 That the Governor of the State of Texas be, and he is hereby EnES n°n eI1 ' ° r haVC S0 L d ' tbe b01lds of ,h0 State to ** amount of Two' Millions of Dollars, or so much of said sum as he may deem necessarv to meet the purposes contemplated in this Act. uwajswiy, to meet «*i? fl °;£li T !fi SaM b * 0nd ?«fif U b8 iss " wl in 8Uch sums a * the Governor of the State shall deem most suitable ; and, if he should deem it. advisable, he may said toterX to hS fi \ he ?* iDtere8 V n0t ° XCeedin S six Pi cent, per'annun^ »™J¥h °i paid at the s:ulle timo ' and in tbe same manner hereinafter prescribed for the payment of the principal. "ereinaiter oftos A J^n C i, paym r ■ ° f the bonds issued in Pursuance of the provisions or this Act, shall be made in, predicated upon, and secured by the cotton now belonging or which may hereafter belong, to the State of Texas. The quality on he fl°cl o? TA T ^£?& ShaU be fixed h ? lhe GOTerDor "d .p q ecifle5 bonds LuS r° ndS i tbat the , cottoQ so P led S ed ^ the payment of said ,™™ f hal \ be dellv ered, in good merchantable order, free of carriage, at ffilL Pi? e State _of Texas not in possession of the enemy, at which the « H South T ° f n be b0Dd l ma y de ™" d - with the exception of such P orts cotton nnLh , i^ CaVaU ° ; -, thut the State 8haU W all export duties on said to^inn i T£ a cert i ncate of ownership, and procure an export permit or owTrl 7 *£ ? elir , 0ry °f "? COtton i *«">«"*> Amc r« r. that if the owner ™trnr, W ,l aid b °° d ° r b0nds ' 8ba11 fail t0 deraand ^ d ^ivery of said tJp?n th!: , i, bC ex P iratlon . of six calendar months after a treaty of peace be- Zhn,^ belligerents mentioned in the beginning of this Act. then said bond SJ h„.t ma y be discharged, by the State paying in money the face value of hi, or bonds with interest thereon at the rate at which said bond or , m f7 bav ? b ^ e ? negotiated, from the date of the sale of said bond or K , , da M 8 , ba11 be endorsed ther con by the agent authorized to negoti- ate the sale of said bonds. b ♦fc-n ' *" i Th , at said bonds sha11 be s 'g ned bv the Governor, countersigned by tne comptroller, and bear the Seal of the State. Sec. 5. That the Governor of the Stato be and is hereby authorized to appoint, at a reasonable compensation, some suitable person or firm, to act as agent in fcurope or elsewhere, to verify, issue, endorse and dispose of said bonds, with I power to substitute other agents in his or their stead; and no bond shall confer any right until verified, issued and endorsed by said agent or substituted agent, Wlio shall be commissioned by the Governor under the Seal of State. Sec. 6. That the money raised by the sale of the bonds issued in pursuance oi the provisions of this Act, shall constitute a special fund, to be used only in providing for the defense of the State, and repelling any invasion of the same, and tor the purchase of the machinery for manufacturing put] BEC /. That this Act shall take effect from and after r Approved December 10th. ! 10 CHAPTER XVI. AN ACT to amend the caption and first section of " an Act relating to Forfeitures in certain cases of Bail Bonds and Recognizances, in cases of Misdemeanor" approved Dec. 9th 1861. Section 1. Be it enacted by the Legislature of the State of Texas, That the cap- tion of the above named Act be and the same is hereby amended so as hereafter to read as follows, to-wit : " An Act relating to forfeitures in certaiu cases of bail bonds and recognizances ia cases of felonies and misdemeanors." Sec. 2. That the first section of the above entitled Act shall hereafter read as follows : That during the continuance of the existing war between the Confed- erate States of America and the United States, no forfeitures of any bail bond or recognizance, executed or entered into, by any defendant or surety for a defendant, witness or surety for a witness, in any case of misdemeanor or felony, shall be taken or entered by any court in this State, against such defendant or surety for defendant, witness or surety for witness, while such defendant or -witness shall be in the military or naval service of the Confederate States of America or of this State; nor shall any such forfeiture be taken or entered against any such surety of a defendant or witness, while such surety shall be in such service. Sec. 3. This Act shall take effect and be in force from and after its passage, and shall cease to be of force or effect from and after the establishment of peace between the Confederate States and the United States. Approved December 10th, 1863. CHAPTER XVII. AN ACT to amend the first section of "An Act to regulate proceed- ings in the District Courts,' 1 ' 1 approved May 13th, 1846. Section 1. Be it enacted by the Legislature of the State of Texas, That the first section of an Act entitled " An Act to regulate proceedings in District Courts," approved May 13th, 1846, be so amended as to read as follows : No person who is an inhabitant of this State shall be sued out of the County where he has his domicil, except in the following cases, viz : First, in case of married women, who must be sued in the county where her husband has his domicil; Second, in case the defendant is a transient person, in which case he may be sued in what- ever county he may be found; Third, in cases where there may be two or mort defendants residing in different counties, in which cases the plaintiff may institute suit in any county where any of such defendants may reside ; Fourth, in cases where a person has contracted to perform an obligation in any particular county, in which case suit may be instituted in that county, or where the defen- dant has his domicil ; Fifth, in cases of executors, administrators or guardians of an estate, or trustees, who must be sued in the county in which the estate is administered; Sixth, in cases of fraud and also in cases of defalcation of public officers,j in which cases suit may be instituted in the county where the fraud was committed, or where the defalcation occurred, or where the defendant has his domicil; Seventh, where the defendant ha3 committed some crime, or offence, or trespass, for which a civil action in damages may be commenced, in which cases, suit may be instituted in the county where the crime or offence or trespass was committed, or in the county where the defendant has his domicil ; Eighth, in cases where the suit is for a slave, animal, or other movable property, in which cases suit may be instituted in whatever county such property may be found, or where the defendant resides; Ninth, in cases where the defendant has inherited an estate, concerning which suit is commenced, in which case suit may be instituted in the county where'the estate principally lies; Tenth, in cases i for the foreclosure of mortgages or lien, in which cases suit may be instituted in the county where the mortgaged property or property subject to lien, or any 11 part thereof, may be; Eleventh, in cases where the recovery of land, or damages thereto, is the object of a suit, in winch cases suit must be" instituted where the •land or a part thereof is situated. Sec. 2. That this Act take effect an 1 be in force from and after its passage. Approved December 10th. 1868. CHAPTER XVIL1. AN ACT authorizing the County Courts to regulate the Pay of Sheriffs in certain cases. Section 1. Be k emoted by the ' re of the State of Texas, That the County Courts of the several counties composing the State of Texas, be and the same are hereby authorized to allow the Sheriffs thereof, for summoning jurors, in the District Courts, serving election notices, notices on over> roads, attending on District and County Courts, and doing ail ether bush oss not provided for, such sum or sums of money as such Courts may deem sufficient for said service, not to exceed two hundred dollars per annum, to be paid out of the Treasury of said County, any law to the contrary notwithstanding. Bbc. 2. Be it enacted that all laws and parts of laws securing or attemping to secure to certain counties, the object embraced in section one, of this Act. be and the same are hereby repealed. Sec. 3. Be it enacted that this Acl take effect from and after its pass Approved December 10th. 1863. CHAPTER XIX. AN ACT to aid Enrolling Officers in the discharge of tket duties Section 1. Z>V ' . when" ever any Enrolling Officer of this State, or of the Confederate Sates of Americai within this State, may be authorized or required to execute any order directed to him by proper authority, or in the lawful discharge of the duties of his office, to arrest any person having been drafted, or any person subject to conscripl or any deserter from the military service ol this State or of the Confederate States. it shall be lawful for such officer, if he d em it necessary, to call on the Sheriff of the county in which such order is to be executed, or .such p -ted. to aid him in the execution of such order, or in making such arrest, and should the Sheriff not beat thecomm: b Enrolling Officer, in consequence either of other pressing official business, or of absence, then it shall be [awful for such officer to call on any number of persons he may deem try to aid him in executing such order or making such arrest. Sec. 2. That whenever any Sheriff is called upo '■' the aid contem- | plated in the first section of this Act, it shall be his duty to do so. ami if required i by such officer, shall call to his aid the power of the county : and any Sheriff : failing or refusing to render such aid, or to call out the power of the county I when so required, shall for any such failure or refusal, be fined not less thau I one hundred dollars, nor more than five hundred dollars, to be recovered on Lmotion before the District Court of h : s county, by the District Attorney or (Enrolling Officer, of which motion he shall have three days notice. :i. Every person failing or refusing to render the assistance to the or Enrolling Officer, required by the provisions of I hall be deemed i guilty of an offence, and on conviction thereof before any court of competent jurisdiction, be fined in a sum of not I twenty-live dollars, nor more than two hundred and fifty dollars. Sec. 4. That this Act take effe I and Approved December 11th, I 12 CHAPTER XX. AN ACT to amend the seventy-first section of "An Act to regulate proceedings in the County Courts, pertaining to Estates of deceased persons," approved Mareh 20th, 1848. Section 1. Be it enacted by the Legislature of the State of Texas, That from and after the passage of this act, the seventy-first section of '"An act to regulate proceedings in the County Courts, pertaining to estates of deceased persons," approved March 20th, 1848, be amended so as hereafter to read as follows, to wit: Sec. 71. That whenever any property is rented or hired by an executor or administrator, under the provisions of this act, such renting or hiring shall be made at public auction to the highest bidder, after having given at least ten days notice thereof, by posting a copy of such notice at the Court-house and at two other public places in the county where the same is to take place, or by private agreement, as the Chief Justice, either in vacation or term time, by order shall direct, which order shall be entered on the minutes of the Court. Sec. 2. That the provisions of the above section of this act shall apply as well to the renting or hiring of property by a guardian as by an executor or administrator : Provided, That an account in writing and under oath, of such renting or hiring, shall, in all cases, be returned to the Court and subject to the approval of the Chief Justice. Sec. 3. That this act take effect and be in force from and after its passage. Approved December 14th, 1863. CHAPTER XXI. t AN ACT to punish persons xvho may remove or destroy any Timber t Hails, or Lumber, belonging to the several Asylums of this State. Section 1. Be it enacted by the Legislature of the State of Texas, That from and after the passage of this act, it shall not be lawful for any person, or per- sons, to take or remove any timber, rails, or lumber, from the grounds or premises of the Lunatic, Blind, or Deaf and Dumb Asylums of this State, or destroy the same ; and if any person shall be guilty of a violation of the fore- going provisions of this act, he shall be punished by a fine not less than twenty-five, nor more than one hundred dollars, for each and every such violation, recoverable before a Justice of the Peace by summary proceeding, upon complaint of the Superintendent of such Asylum, or any other person ; and said fines shall, when collected, be appropriated to the use of the Asylum upon which the depredation was committed. Approved December 14th. 1SG3. CHAPTER XXII. AN ACT supplementary to, and amendatory of, "An act to adopt and establish a Penal Code.' 1 '' Section 1. Be it enacted by the Legislature of the State of Teocm, That the fol- lowing articles, in the chapters and titles named of the act above recited, commonly known as the " Penal Code," be and they are hereby so amended that they shall hereafter read as follows, viz : Pakt II.— Title VI.— Chapter I. Article 231. Treason against this State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort. — [Constitu- tion, Art. 7, Sec. 2. Article 231. A. Whenever war is pending between the State of Texas and any other belligerent, or between the Confederate States and any other bel- ■ ligerent, while Texas is a member of the Confederacy, it is not necessary to prove any actual communication between the public enemy and any person 13 charged with treason, to establish the offense of treason. Any act. the ten- dency of which is to give aid and comfort to the public enemy, committed with intent to aid his operations or defeat or interrupt those of this State, or the Confederate States, is an overt act within the meaning of the Constitution. The intent is to be determined by the declarations or other conduct of the party, taken in connection with the act. Chapter II. Auticle 233. Whoever shall know that another person lias committed treason against this State, or against the Confederate States, while tins State is a member of the Confederacy, and shall not. within the days from the time Oi his having come to such knowledge, give information of the sun, to the Q -v ernor, or to some Judge of a Courl oi Record of this State : Whoever shall intend to commit treason against this Si ,ie. or agail Confederate States, while this State is a member of the Confederacy.; . Whoever shall know that another person i- intending to commit treason against this State, or against the Confeferate States, while this State is a mem- ber of the Confederacy, and shall not, within live days from the time of his n me io such knowledge, give information of the same to the (Governor. or to some Judge ot a Conn oi Record of this State, shall be deemed guilty ot misprision of treason: Provided, the husband or wile shall not be compelled to give information against each other, nor a mother against her child. Article 233. A. The intention to commit treason, specified in the foregoing, is evidenced by any declaration made by the party of a, purpose to do any act which would constitute' treason, whether made orally or in writing, taken in connection with any conduct showing the purpose to be real. Article -M. A. Any person who shall, while war is pending between the Stale of Texas and any other belligerent, or between the Confederate States and any other belligerent, Texas then being a member of the Confederacy, in any way adi i.-e another person to join the public enemy, or in any way aid or assist another person to join the public enemy; Any person who shall publicly maintain, pending any war as aforesaid, that either himself or any other person, a citizen or inhabitant of this State, does not owe obedience or duty to this State, or tit it he does owe obedience or duly to the government of the public enemy; Any person who shall privately, or otherwise titan publicly, maintain, pend- ing any war as aforesaid, that any citizen or inhabitant of this Slate does not owe obedience or duly to this State, or that he does owe obedience or duty to the government of the public enemy, with the purpose to induce such citizen or inhabitant to avoid the performance of his duties as such ; and Auy person who shall, pending any war as aforesaid, write, print, or publish, or cause to be written, printed, or published, or conns d. aid, advise, or assist, in writing, printing, or publishing, any letter, book, address, or other writing. maintaining the right or duty of any citizen or inhabitant of tli< State to give aid or comfort to the public enemy, or that any citizen or inhabitant owes ibedience or duty to the government of the public enemy, shall be deemed kilti of encouraging treason, and shall jame punishment as is herein ded for misprision of treason. Tram XXL— Chapter I. 0. The agreement to come within the definitii jpiracy, - to commit one or more of the following in, murder. i. burglary, rape, or I to commit treason or murd tr sh ill be punished by Confinement in the Penitentiary, n >t less than t\\ i 6 than ten Consnirav to commit any of the ot - named in the preceding article, shall bo punished by one half of tin 1 punishment affixed by law to the com- ■ That in n the punishment by co in the Penitentiary be lesa than I Chaptxb II. 1. If any 14 life of a human being, or to inflict upon any human being any serious bodily injury, he shall be punished by imprisonment in the Penitentiary, not less than two nor more than fire years, or by fine not exceeding two thousand dollars. Approved December 14th, 1S63. CHAPTER XXIII. AN ACT to authorize the Quarter master of the State to dispose of a certain amount of the Percussion Caps manufactured at the State Works. Section 1. Be it enacted by the Legislature of the State of Texas, That the Quartermaster of the State be authorized to dispose of one-tenth of the percus- sion caps manufactured at the State Works, to private parties, at such prices and in such manner as he may deem proper. Sec. 2. That in disposing of the c^)s, he shall endeavor to distribute them to the citizens of the different sections of the State, as much as possible. Sec. 3. The proceeds arising from the sale of the caps, shall be applied to the payment of expenses incurred in keeping up and sustaining the Cap Manu- factory ; and this act to take effect from its passage. Approved December 14th, 1863. CHAPTER XXIV. AN ACT supplementary to an act, entitled "An Act to Define the Duties of Secretary of State, " passed May the 9th, 1846. Section 1. Be it enacted by the Legislature of the Stale of Texas, That the Secretary of State, in addition to the Chief Clerk, shall be authorized to appoint an Assistant Clerk, with a salary of one thousand dollars per annum, who shall exercise the powers of Chief Clerk during his absence or vacancy in that office, and shall discharge such other duties as may be required of him by the Secre- tary of State. Sec. 2. The Secretary of State shall be the custodian of the records of the Senate and House of Representatives, after the adjournment of the Legislature, and it thall be his duty to arrange and file, and preserve in his office all papers of any value, and furnish certified copips of them when demanded : Provided, That papers, not the evidence of private relief granted, may be delivered to their owners. Sec. 3. The Secretary shall have charge and supervision of the State Library, shall keep it accessible for the inspection and use of the public, and, when the Legislature is in session, one of the Clerks shall remain in the Library during all the time either House may be in session ; but no person shall be permitted to take the books from the Library, except under such rules and regulations as the proper Board may make and establish. Sec. 4. The Secretary shall procure for the two Houses, before the com- mencement of each session, the necessary stationery, fuel and lighting materials, and have the Capitol fitted up when the Legislature meets. Sec. 5. This act shall be in force from and after its passage. Approved December 14, 18C3. CHAPTER XXV. AN ACT to amend the fifty-eighth section of "An Act to regulate proceedings in the County Courts, pertaining to Estates of deceased persons," approved March 20th, 1848. i Section 1. Be it enacted by the Legislature of the State of Texas. That the fifty-eighth section, of the above recited act, be so amended as to read as fol- 15 lows, to wit: All sties for the payment of the debts, owing by the estate, shall be ordered to be made of such property as may be deemed most advan- tageous to such estate to be Fold. Sep. 2. That this act take effect from and after its passage. Approved December 14th, CHAPTER XXY1. AN ACT 1" amend "An Act to organize County Courts" aj>y Mann Ui//(, 1848. Section* 1. Be U enact, J by the Legislature of the State of Tocos. That the twenty-first section of "An act to organize County Courts," approved March 16th, 1848, be amended so as hereafter to read as follows: Sec. 21. That a regular term of the County Court shall commence and be held at the Court- house of each county in this State on the first Monday in January, April. Julv, and October, in every year, for the transaction of all business growing out of, or connected with, the powers and jurisdiction of the County Court over all matters other than those named in the second and twentieth sections of this act ; such terms shall be held by the Chief Justice, with the assistance of any two or more of the County Commissioners, and may continue for one week but not longer ; and special terms of said Court may be held in like manner, and for like purposes as provided for in this section, at such other times as the Chief Justice may appoint: Provided, however, That no County Tax shall be levied, unless at some one of the regular terms, and with the assent of the Chief Justice and three of the County Commissioners, or the assent of the four Commissioners. Should a quorum of said County Court not appear at the time appointed for holding the same, the Sheriff of the County, or in his absence or in case of vacancy in that office, the Coroner shall adjourn the Court from day to day for three days, and should a quorum not appear on the morning of the fourth day, then be shall adjourn the Court until the next term in course. Sec. 2. That this act take effect and be in forc§ from and after its passage. Approved December 14th, 1863. CHAPTER XXVII. AN ACT to suspend the Location, Survey and Sale of the Public Lands, except in certain cat Section 1. Be it enacted by the Legislaturt ♦. That until six months after the close of the present war. all laws authorizing the location survey or sale of any of the public lands or land scrip, except in cases herein provided tor, are hereby suspended. Sic. 2. The suspension provided for in the preceding section, shall not be construed to prevent the location, survey and sale of the public lands to actual settlers, as now provided by law, nor to prevent the local y and patent of the University Lands, or the lands to which the several counties are entitled for the use of schools, nor shall it prevent the return of field notes and perfec- tion of title to lands already surveyed, 8. All holders of land scrip issued to railroad companies shall have the game time to locate, survey, return the field notes to and alienate the same the termination of the period of suspension herein provided for, that they would have been entitled to from this time, had this law not have been enacted , and ■ring the period of suspension, herein provided lor, no location or survey Shall be forfeited by reason of not returning the field notes to the same : Pi that any on«e engaged in the manufacture of Tar, Pitch or Turpentine, shall not be precluded from locating upon any such pine lands as may be necessary for such manufacture: /' 1 notes be returned to the General Land Office within nine "ion is made: nor elisor cor- 16 porations entitled to land under the law granting lands to encourage manufactures bs prevented from filing and locating upon any vacant land needed for such factories, upon making oath that the lands so filed upon are needed. If filed on by a corporation, said oath shall be made by its manager. Sec. 4. During the time named in this Act, the Commissioner of the General Land Office shall keep such clerks and draughtsmen only as are or may be necessary to carry on the business of the office; and that this Act take effect and be in force from and after its passage. Approved December 14th, 18G3. CHAPTER XXVIII. AN ACT making an appropriation to pay deficits in appropriations heretofore made, and making appropriations for the pay and sup- port of the Frontier Regiment. Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of eight hundred thousand dollars, in Confederate States Treasury Notes, or so much thereof as may be necessary, be and the same is hereby appropriated to pay deficits in appropriations heretofore made for the pay and support of the " Mounted Regiment of Texas State Troops," .commanded by Col. James E. McCord ; and for the pay and support of said Regiment until otherwise provided for. Approved December 14th, 1863. CHAPTER XXIX. AN ACT providing for the auditing and settling of the claims of the State of Texas for Frontier Defense against the Confederate States. Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor of the State is hereby authorized to take such proceedings as he may deem most advisable, to have audited and settled the claims of the State of Texas against the Confederate States, for money expended by the State of Texas in defense of the Frontier of Texas, and that the sum of three thousand dollars, or so much thereof as may be necessary, is hereby appropriated, to enable the. Governor to carry into effect the intention of this Act. Approved December 14th, 1SG3. CHAPTER XXX. AN ACT to provide for the assessment and collection of Income Taxes on sales of distilled Spirits, Fermented Liquors and Wines, and for stich purpose to define and regulate such sales. Section 1. Be it enacted by the Legislature of the Slate of Texas, as follows:— Any person, firm or association, having in this State any distilled spirit, fer- mented liquor or wine, and therein selling the same, by wholesale, for money, or so bartering the same for any other article, shall pay an income tax as follows : For the aggregate amount so sold or bartered within each calendar month, for any value not exceeding two dollars per gallon, the tax on such value shah be at the rate of five cents per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the preceding rate of value and not for more than three dollars per gallon, the tax on such value shall be at the rate of fifteen cents per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the last rate of value and not for more than four dollars per gallon, the tax on such value shall be at the rate of one dollar per gallon. 17 For the aggregate amount so sold or bartered within eaot) calendar month, for more th \n the last rate of value and not for more than five dollars per gallon, the tax on such value shall be at the rate of one dollar and fifty cents per gallon. For the aggregate amount bo sold or bartered within each calendar month, for more than the last rate of value and not for more tlnn six dollars per gallon, the tax on such value shall be at the rate of two dollars and seventy cents per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the bust rale of value and K.ot for more than seven dollars per gallon, the tax on such value shall be at the rate of three d I ti : t v live o< Ota per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the last rate of value and not for more thin eight dollars per gallon, the tax on such value stnll be at the rate of four dollars and forty cents per gallon. For the aggregate amount so sold or bartered within each calendar month , for more th m the last rate of value and not tor more than nine dollars per gallon, •the tax on such value shall be at the rate of five dollars and twenty-five cents per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the last rate of value and not for more than ten dollars per gallon, the tax on such value shall beat the rate of six dollars and ten cents per gallon! For the aggregate amount so sold or bartered within each calendar month, for more than tbe last rate of value and not for more than eleven dollars per gal- lon, the tax on such value shall be at the rate of s'x dollars and ninety-live cents per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the last rate of value and for not mqre than twelve dollars per gal- lon, the tax on such value shall be at the rate of seven dollars and eighty ceuU per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the last rate of value and not for more than thirteen dollars per gal- lon, the tax on such value shall be at the rate of eight dollars and sixty-five cents per gallon. For the aggregate amountsosold or bartered within each calendar month, for more than the last rate of value and not for more than fourteen dollars per gallan, the tix on such value 6hall be at the rate of nine dollars and fifty cents per gallon. For the aggregate amountsosold or bartered within each calendar month, for more than the last rate of value and not for more than fifteen dollars per gallon, the tax on such value Bhall be at the rate of ten dollars and thirty-five cent* per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the last rate of value and not for more than sixteen dollars per gal- lon, the tax on such value shall be at the rate of eleven dollars and twenty cents per gallon. For the aggregate amountsosold or bartered within each calondar month, for more than the last rate of value and not for more than seventeen dollars per gallon, the tax on such value shall be at the rate of twelve dollars and five cents per gallon. . For the aggregate amount'so sold or bartered within each calendar month, for more th:in the last rate of value and not for more than eighteen dollars per gal- lon, the tax on such value shall be at tbe rate of twelve dollars and ninety cents per gallon. For the aggregate amount so sold or bartered within each calendar month, for more tlnn the last rate of value ;md not for mote than nineteen dollars per gallon, the tax on such value shall be at the rata of thirteen dollars and seventy five cenbs per gallon. For the aggregate amountsosold or barterel within cich calendar month, for Inorc than the last rate; of Taloe and not 'or more than twenty dollars per gal- ■ 18 Ion, the tax on such Talue shall be at the rate of fourteen dollars and sixty cents per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the last rate of value and not for more than twenty-one dollars per ' gallon, the tax on such value shall be at the rate ©f fifteen dollars and forty- five cents per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the last rate of value and not for more than twenty-two dollars per gallon, the tax on such value shall be at the rate of sixteen dollars and thirty cents per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the last rate of value and not for more than twenty-three dollars per gallon, the tax on such value shall be at the rate of seventeen dollars and fifteen cents per gallon. For the aggregate amount so sold or bartered within each calendar month, for more than the last rate of value and not for more than twenty-four dollars per gallon, the tax on such value shall be at the rate of eighteen dollars per gallon. For the aggregate amount so sold or bartered within each calendar month, foB more than the last rate of value and not for more than twenty-five dollars per gallon, the tax on such value shall be at the rate of eighteen dollars and eighty- five cents per gallon. For the aggregate amount so sold or bartered within each calendar month, at any ra*te higher than the value of twenty-five dollars per gallon, the tax shall' be at the rate of seventy-six per centum on the amount of such sale. But, sales of wine, made within this State, are exceptions and shall not be subject to such taxes. Such selling or bartering, in the sense of this law, is, by wholesale, when done without special license for retailing. Sec. 2. Any person, firm or association, having in this State any distilled spirit, fermented liquor, or wine, and therein selling the same, by retail, for money, or so bartering the same for any other article, shall pay an income tax as follows : On the value of the aggregate amount so sold or bartered within each calen* dar month, at any rate not exceeding the rate of five dollars per gallon, the tax shall be at the rate of five per centum. On the value of the aggregate amount so sold or bartered within each calendar month, at any rate higher than the preceding and not higher than the rate of ten dollars per gallon, the tax shall be at the rate of ten per centum. On the value of the aggregate amount so sold or bartered within each calen- dar month, at any rate higher than the rate of ten dollars per gallon, the tax shall be at the rate of fifty per centum. But, sales of wines made Avithin this State are exceptions and shall not be subject to such taxes. Such selling or bartering, in the sense of this law, is by re'ail when done with special license for retailing. Sec. 3. When any person, firm, or association, having any article, subject to such taxes, as owner at the present time by any means, or as first owner at any subsequent time, either from importation into the State or from production within it, shall furnish such article for retailing, such disposal thereof shall be a sale, by wholesale, under this law. This shall be the construction : If the person, firm, or association be partly or entirely enterested in the retailing, as if it were done by any disconnected person ; and a trust or donation for the purpose of retailing shall receive the same kind of construing. Neither kind of tax shall be evaded by any blending of wholesale and retail interests, nor by any arrangement of trust or gift ; and evey person making such respective -disposal of any such article, shall distinctly and separately account therefor, as in case of an ordinary sale ; and tax shall be paid, in every case, on fair jnarket value. Sec. 4. The Treasury Notes of the Confederate States of America being in 19 general use as the circulating medium of exchanges, and as the common eurrent standard of values, and the taxes imposed by this Act being receivable in such currency, it shall be the standard of value- of the article* Bold or bartered, as aforesaid, including the articles received in exchange, wituout regard for any different estimate, that may lie mule for the purpose ol •"> idirjg he provisions of this law or lor any other reason. Sec. 5. The sale of any distilled spirit, fermented iquor, or wi e of bad quality is absolutely prohibited; and any such article shall be bo regarded when adulterated or tinctured with any poisonous or unbealthfttl BUbstance. or when ItB strength shall be under second proof as know n in market, or as may be otherwise ascertained. In each county the County Court shall establish proper tests for ascertaining the quality of such articles, and shall have authority to apply the tests in any reasonable manner. Also, the Assessor and Collector shall have autboifty, in any proper manner, to ascertain the qualities of Bach articles, either by applying the tests, that may be established by the Court, if any, or bv the use of other appropriate means. But sales of wines made within this State and not adulterated nor tinctured with any poisonous or unhealthful substance, although in strength below second proof, shall not be within the foregoing- prohibition. Sec. G. The taxes imposed by this law shall apply to Bales to be made out of this State, of such articles taken from it for market, as well as to sales made within this State ; and the person, firm, or association, who shall make any preparation or movement of such an article in commencing so to take it from this State for market, or who shall make any committal of such an article to any person, that he may take it from the State for market, shall pay this tax, which shall be assessed and collected promptly, on the value of the subject of such preparation, move- ment, or committal, on an estimate of such value, to be made by the and Collector according to the current market value of the article in his county. as if sale had been therein completed at such value. Sec. 7. Within the first ten days of every month, each person, firm, or a ciation, liable for such taxes, shall render to the Assessor and Collector of the county, where sales shall have been made, or from which articles shall have been taken for market, or in which preparation, movement, or committal shall have been made, as aforesaid, a true account of the articles so sold, or taken from this State for market, or prepared, moved, or committed therefor, during the next preceding month. Such account, as to wholesale transactions, shall show, respectively, dates of sale, to whom sold, kinds and quantities sold, and prices per gallon, or like particulars, as far as practicable, in relation to articles taken from this State for market, or prepared, moved or committed therefor. Such account, as to retail transactions, shall show like particulars, except to whom sold. And, at any other time, on demand of the Assessor and Collector, any person, firm, or association, so liable to render an account, shall do so within two days from such demand. Also, any person, firm, or association, so liable, shall show to the Assessor and Collector, on his demand, to be made in a reasonable manner, an account book or other memorandum, respectively, oi each foregoing particular. Every account, account-book, or memorandum, to be rendered or shown, as aforesaid, in order to meet the requisition therefor, must be verified by some person liable therefor ; and such verification mu3t show. that the account, account-book, or memorandum, respectively, contain a full, just, and true exhibition of the facts, required to be shown by such means. Such verification must be made by written affidavit, stating particulars accord- ing to the nature of the case, subscribed by the person making it, sworn !■ before some officer authorized to administer oaths, including the Assessor and Collector, and delivered to him. Every such affidavit shall be filed in the office of the Clerk of the County Court. Sec. 8. If any such affidavit shall be wilfully false, the person making it shall be guilty oi perjury, and shall be subject to punishment as in other cases of perjury. Moreover, if any person shall violate any of the other provisions ot tbie law he shall be guilty of a misdemeanor, indictable in the District Court • 20 and, on conviction, he shall be punished by fine aot exceeding five thousand dollars, or by imprisonment, not exceeding six months, or in both modes, in the discretion of the jury trying the case ; and each person included in a firm or association, so violating these other provisions, shall be liable to these penalties. Sec. 9. Any person, firm, or association, at the end of each month, shall be liable for payment of the taxes, which shall have accrued against him or them in that month, and shall pay the same to the Assessor and Collector within the first ten days alter the end of the month ; and, in case the Assessor aud Collector at any time shall demand an account, as before provided, be shall then demand payment of the taxes, that shall have previously accrued, without reference to monthly lime, and they shall be paid within the two days allowed for rendering the account so demanded. Any person, who shall have become liable for any of such taxes, shall so continue until payment, notwithstanding any punishment that may be inflicted under this law. The Assessor and Collector of the county wherein the taxes shall have accrued, shall collect the same, and may sue therefor in the name of the State, if necessary ; and, in any such case of suit the defendant or defendants, shall be liable to judgment and execution for the taxes and for the amount of fifty per centum thereon. Whenever such suit shall be necessary, it shall be prosecuted to judgment and execution without delay, notwithstanding any law for suspending the collection of ordinary debts. Sec. 10. The subjects of taxation UDder this law shall not be liable to taxa- tion by any county, city or town. Sec. 11. All laws contrary to the provisions of this act are suspended during its continuance in force ; and this act shall be in force from its passage until the close of the present war and the ratification of a treaty of peace between the Confederate States of America and the United States of America. Approved December 15th, 1863. CHAPTER XXXI. ^4^ ACT to amend "An Act to define and punish Sedition and to prevent the dangers which may arise from persons disaffected to the State." Section 1. Be it enacted by the Legislature of the State of Texas, That the caption of the above recited act shall hereafter read as follows : " An Act to punish persons who are disaffected to the State ;" that the act itself shall be so amended as hereafter to read as follows : That if any person shall wilfully advise or persuade any person, liable to perform military duty, to refuse or evade the performance of legal military service of this State, or of the Con- federate States, or shall attempt in any manner to influence the decision, or bias the opinion, of any person in favor of the enemies of the Confederate States or of this State, he shall be punished by imprisonment in the Peni- tentiary, not less than three nor more than five years. Sec. 2. This act shall take effect and be in force from its passage. Approved December 15th, 1863. CHAPTER XXXI L AN ACT to define and punish the crime of Disloyalty to the State of Texas. Section 1. Be it enacted by the Legislature of the State of Taos, That if auy person within this State shall, by any means, wilfully attempt to dissuade or discourage the people from performing their duty in the military or naval service of the Confederate States or of this State, or shall aid, advise or induce any soldier, seamm or marine, in said service, to desert therefrom, or shall 21 harbor any such deserter, or shall by means of any verba', written, or printed statement, attempt to create disaffection among the people towards this State or the Confederate States, or influence them to aid, assist or adhere to the public enemy, in any manner whatever, shall lie punished by confinement in the Penitentiary, for not less thau two nor more than five years. Sec. 2. That if any person within this State shall wilfully communicate to the public enemy any information in regard to the disposition, strength or movements of the army, or the designs of the military authorities) or shall aid or abet any one so doing, he shall be deemed guilty of disloyalty, and. on con- viction thereof, shall be punished by confinement in the Penitentiary, for not less than three nor more than five years. Sec. 3. That this act be in force from and after its passage. Approved December 15th, 18G3. CHAPTER XXXIII. AN ACT appropr'axluuj two hundred thousand dollars as a Hospital Fund for the Soldiers of Texas in the armies of the Confederate Stales of America, and to repeal other laws, as named in this Act on the same subject. Section 1. Be it enacted fry the Legislature of the State of Texas, That the sum of two hundred thousand dollars is appropriated as a Hospital Fund, to be administered as the Governor may deem necessary, according to the pro- visions of an act approved January Stb, 18(12. entitled "An act to create a Hospital Fund, to be expended for the comfort of the sick and wounded soldiers of the State of Texas in the Confederate army.'' Sec. 2. So much of said act, approved January Sth, lSf.2, as made an appro- priation, is repealed, and likewise ''An act appropriating two hundred thousand dollars, to be expended for the relief of the sick and wounded soldiers of the State of Texas in the army of the Confederate States." approved March 5th, 1863, is repealed. Sec, 3. This act shall be in force from its passage. Approved December 15th, 1S(J3. CHAPTER XXXIV. AN ACT to provide for the Support of the Families and Depend- ents of Texas Soldi* rs. SECTION 1. Be It enacted by the Legislature of the Stale of Texas, That for the years 1864 and 1866, or daring the continuance of the present *ar. should the same eud before the first d y of January, 1865, the sum of one million of dollars per annum. 1 same is hereby appropriated for the support and main- tenance of the families, widows and dependents of such officers and bo Idl ers of Texas as have been, may now, or hereafter may be, in the military service of the Confederal In the active militia or volnnfee i of the 1 which families, widows or d-pendents may need the assist- ance and Bupport oi the State. Sec 2. The money hereby, appropriated shall be distributed by the Comp- troller of the State, under such regulations as he shall adopt, consistent with this act, to the Beveral counties Oi this State, according to the number of the indigent in each, as ascertained in the manner 1 er< in requin 3. It shall be the duty of the Comptroller of the State, immediately after of this act, to forward to the Chief Justice of each count ■ lis act, with 1 forms as may 1 to carry its provisi fleet; and said Chi.' shall, immediately upon the i< he ascertained, in such manner as they mi •'■"' ir res P ect " Ive counties entitle > accurate return 22 of the same to the Comptroller's office, on or before the first day of March, 1864, and a like return shall be made by them on or before the first day of March, 1865. Sec. 4. Upon the first day of March, 1864, the Comptroller shall distribute to the several counties in this State one-half of the first annual appropriation herein made, according to the returns herein required, and on the first of September following shall, in like manner, distribute the remaining half of said appropriation ; and the distribution shall be made on the first of March and September, in the same manner, for the year 1865, on the basis of the returns required by this act : Provided, That in cases where the returns have not been received by the Comptroller, the distribution shall be made upon such equitable basis as the Comptroller may determine ; and the Comptroller is hereby author- ized to draw his draft on the Assessors and Collectors of the respective counties entitled to such relief, in favor of the Chief Justices of said counties for the amount due said county ; and the money so received shall be expended by the County Court as directed by this act. Sec. 5. The County Courts of the respective counties shall administer the funds, hereby appropriated, in the manner deemed by them best suited to accomplish ihe objects ot this act: Provided, no portion of said funds shall be used for any purpose except in the purchase of necessary supplies or in liquidation of proper demands for such supplies, or other appropriate relief, furnished or contracted to be furnished at a stipulated and reasonable price ; and, provided further, that no per centage shall be allowed to any officer or agent employed in the administration of said fund. Sec. 6. Any Chief Justice who shall negligently or corruptly make a false return of the number of indigent persons in his county, as contemplated by the third section of this act, shall be deemed guilty ot a misdemeanor, and, on conviction before any Court having jurisdiction, shall be fined in any sum not less than live hundred dollars, and shall be dismissed from office. Sec. 7. That this act take effect and be in force from and afier its passage. Approved December luih, 1863. CHAPTER XXXV. AN ACT to encourage the Erection of certain Machinery by dona- nations of Land and otherwise. Section 1. Be it enacted by the Legislature of the Slate of Texas, That any person, company, or corporation, desiring to avail themselves of the benefits of this act. shall erect and put into successful operation by the first day of March, A. D. 1865, new and efficient machinery for the manufacture of iron from ore, or for the manufacture of cotton or wool into thread or cloth, or for the manu- facture of fire arms, nitre, sulpher, powder, salt, cotton or woolen cards and spinning jennies, or paper and oil. Sec. 2. That upon being notified of the erection and completion of any machinery of the kind described in the foregoing section, and upon being satis- fied that said machinery was erected and put into operation within the time prescribed in the first section of this act, it shall be the duty of the Governor and owner or owners of said machinery, to appoint, each, one disinterested person to act as commissioners, who shall appoint a third commissioner to act' with them iu the valuation of said machinery ; said commissioners shall, before making said valuation, take and subscribe the following oath: "I, A. B., do solemnly swear that I am not interested in the machinery erected by and situated in , nor am I related to any person who is so interested, either by affinity or consanguinity, and that I will make a correct and impartial valuation of the same, to the best of my ability; so help me God ;" which, together with their valuation, shall be returned to the General Land Office. Sec. 3. That it shall be the duty of the said commissioners, after making a minute personal examination of said machinery and after procuring such other evidence of its value as may be accessible to them, to value the same at its 23 trae value in specie. Iu said valuation, the necessary buildings and structures ■erected for the efficient operation of said machinery, shall be included, but the land upon which they are situated shall not be valued. Sec. 4. Any person, company, or corporation, hereafter erecting and putting into efficient operation by the first day of March, A. D. 1865, any machinery of the character described in the preceding sections of this act, shall be entitled to receive from the State a grant at the rates o( one section of three hundred and twenty acres of land for every one thousand dollars worth of machinery so erected and put into efficient operation. Sec. 5. That any person, company, or corporation, erecting and putting into .efficient operation machinery of the character described in the first section of thi6 act, and filing with the Commissioner of the General Land Office the affi- davit and valuation provided for in the second section of this act, may file an application with any District Surveyor of any Land District in the State, a copy of which application shall in all cases be forwarded to the Commissioner of the General Land Office by the District Surveyor, to survey a quantity of land equal to double the amount which they may be entitled to receive under this act, lying and being in such district and subject to location and entry ; and said application shall specifically describe the lands applied for and intended to be surveyed, and if said person, company, or corporation, shall file with the District Surveyor a certificate of the Commissioner of the Genera] Lund Office that the affidavit and valuation, provided for in the fourth section of this act, have been tiled in his office ; said application shall exempt the land so designated from any future location, entry, or pre-emption privilege. Sec. 6. It shall be the duty of said person, company, or corporation, to cause to be surveyed the land so designated in sections of three hundred and twenty acres each, unless prevented by previous surveys or a navigable stream, which surveys sl.ili be delineated upon a map or maps, the even and odd sections being differently colored and regularly numbered, from one upwards to the full number surveyed for any person, company, or corporation ; and the field notes of said survey?, and map or maps, shall lie by said company deposited with the Commissioner of the General Land Oi 7. Fractional sections containing more than three hundred and twenty - of land, shall be regarded as whole sections, and two fractional sections, each containing less than three hundred and twenty acres, shall be taken as a whole section, and all the alternate or even sections shall be reserved to the of the Slate until appropriated by law ; and surveys, under the provisions of this act. shall be made by the Deputies and District Surveyors of the district which the land is situated, and the field notes shall be recorded iu such district and returned to the General Land Office as other surveys ; that the visions of this bill shall apply to all works, for the purpose indicated in thU nill, commenced Bince the second day of March, 1861. 3. That this act be iu force and effect from and after Approved December 1.5th, 1863. CHAPTER XXXVI. AN ACT (o Provide for the P \ndtum- ing over the Frontier Regiment to Confedera Section 1. Be i by the Legislature of i of Tc.m*, That a' I persons liable to do military duty, who arc at the p issage of this act bona fid*. citizens of the following line of counties, and all counties lying north and west oi said line, ; >-wit : Cook. Wise. Parker, that part of Johnson west of the Belknap and Fort Graham i 16, Coryell. Lamp n.-tt. Blanco, Bandera, Medina, Kendall, Atascosa, Live <»ik. lioBCulen, La Salle, Dimmit, .ii. 1 M i\ •■:■: ■'-.. - .all be enrolled and organized into companies, not less than twenty-five nor more than sixty-five men, rank and file. 2. That it shall be the duty of the Governor, immediately after th». 24 passage of this act, to cause the counties designated in the preceding section to be divided into three districts, as nearly equal in territory and population as may he ; in each of which districts he shall appoint a suitable person, with the rank and pay of Major of Cavalry, who shall be the ranking officer of the district to which he is appointed, and which officer shall be charged with the organiza- tion of the men subject to duty in his district, and with the control of the companies when organized and the defense of the same, as provided herein,- and under such other regulations as the Governor may prescribe. Sec. 3. That the commissioned officers of each company, of fifty men or more, shall consist of one Captain and two Lieutenants ; if less than fifty men, two Lieutenants. The noncommissioned officers shall consist of one Sergeant and one Corporal for every ten men. Sec. 4. That each member of a company shall be required to keep himself furnished with a suitable horse, gun, and ten days provisions, and all necessary equipments, [including ammunition.] Sec. 5. That no person who is not an actual resident, in good faith, of the frontier district herein f pecified at the passage of this act, shall be a member of the organization provided for by this act ; and it shall be the duty of captains of companies, and of the commanding officers of the several districts, to exclude non-residents of the frontier district from membership in said organization, and, in case of doubt, strict and full proof under oath shall be required, to the satisfaction of the officer. Sec. 6. That the companies organized under the provisions of this act, shall be required to keep at least one-fourth of their number in the field in actual service, making equal divisions of time ; and the officers commanding districts shall have the power and authority to order out the whole force, under such restrictions, regulations and requirements as the Governor may devise for the control and management of the organization herein provided for. Sec. 7. That every officer and private of each of said companies shall, before entering upon duty, be required to take an oath before some one authorized by law to administer oaths, that he will use his best endeavors to arrest, and deliver to the nearest Confederate States authorities, every person reported or known to him to be a deserter, either from the State or Confederate States army, and also all persons from the interior counties who are avoiding con- scription or draft service. Sec. 8. That the pay of officers and privates, while engaged in actual service as provided in the sixth section of this act, shall be as follows, to-wit : Captains, three dollars per day ; lieutenants, two dollars and seventy-five cents per day : sergeants, two dollars and fifty cents per day; corporals, two dollars and twenty-five cents per day, and privates, two dollars per day ; and no other pay or allowance shall be made to officers or privates than the per diem as above provided. Sec. 9. That any officer or private wilfully failing or refusing to perform his duty, or guilty of any other offense, shall be reported by one of the com- missioned officers of his company to the district officer, whose duty it shall be to order the sitting of a Court Martial, to consist of not less than three nor more than five commissioned officers, who shall proceed to hear the evidence, and shall acquit or convict, as the merits of the case may demand ; and, in case of conviction, the Court may assess such punishment as is prescribed by the rules, regulations, and articles of war, for the army of the Confederate States: Provided, if any person convicted of a minor offense be of conscript age, he may, at the discretion of the Court, be delivered to the nearest officer of the Confederate States for service in the army of the Confederate States. Sec. 10. That it shall be the duty of the Governor to appoint such person or persons, as he may choose, to draw from the proper authorities of the State the fund appropriated for the pay of the men organized under this act. Such person or persons, so appointed, to give bond or security for the faithful per- formance of the duties required of them. The payments to be made to the men as often as once in every four months. 25 Sec. 11. That it shall be the duty of the Adjutant General (o furnish the companies organized under this act. with the necessary amount of ammunition. upon proper requisitions made by the Commanders of the several districts. Sec. 12. That the Governor shall, upon the completion of the foregoing organization, turn over the Frontier Regiment, with all its equipments, to the Confederate States service : Provided, the Confederate Commander will account to the State for all property so turned over at its proper value ; otherwise the the Governor shall make such disposition of said property as shall best subserve the interest of the State ; nny law conflicting with this provision be and the same is hereby repealed. Sec. 13. That the Governor shall cause to be made such other regulations. for the government and control of the organizations herein provided for, as he may deem necessary, to the end that the force so provided shall be made as effectual as possible to defend the frontier ; and should Col federate troops be kept on the frontier, and, in the event that the enemy should invade any portion of the State near the frontier, the Governor shall have the power to order the commanders of such districts, as may be contiguous to the scone of danger, to take the whole or part of their respective forces and participate in repelling the enemy ; but in no event are such forces to be kept away from their own proper field ot operations for a longer time than one month, unless such forces are used against an Indian enemy. Sec. 14. That this act take effect and be in force from and after its passage. Approved December lf>th, 18G3. CHAPTER XXXVII. AX ACT svpplemcntal to. an legislature of the State if Texas, That the first and fourth sections of the act before recited, be so amended as to read as follows : "Section 1. That the sum of $16,000, in addition to the amount heretofore " expended, or so much thereof as may be necessary, be and the same is hereby "appropriated, to pay for recovering, or repairing the roofs of the Capitol, the " General Land Office, the Old Land Office, and the Treasury buildings.'' " Section 4. The work may be let out in one or more contracts : and the " 6aid commissioners may advance upon said contract or contracts as the work " progresses, money to the amount of three-fourths of the price agreed upon to " be paid for said work, and no more, until the work, or each Beparate job of " work, be completed, and if after an examination the said commission* r- shall "find such work well done, then the remaining one-fourth oi the price agreed " upon shall be paid.'' . Sbc. 2. That the Military Board be authorized, and required, to procure and deliver to the 6aid Board of Commissioners, the necessary tin or copper for gutters, and the nails to complete said work, and for the procuring of Baid tin or copper, and nails, said Board may use any funds under Iheir control, not Otherwise appropriated. ■ 3. That this act he in force from its passage. Approved December 16th, 1868. CHARTER XXXVI II. AN ACT for the relief of owners of lands sold for Taxes and bou by the State. Section 1. Be it enacted by th Legislature of the Stat< of Texas. That the time for the redemption of lands heretofore sold for taxes and bought by the 26 State, be further extended to tbe first day of January, I860 : Provided, that the owners of lands so sold, shall pay, before that date, to the Assessor and Collector of the county wherein the sale was made, or to the Comptroller of tbe State, double the amount of the taxes for which the sale was made, and also all tbe taxes since due to the State and county on said lands, and the cost attending such sale. Sec. 2. Be it further enacted that this act take effect from and after its passage. Approved December 15th, 1803. XXXIX. AN ACT to Reorganize the Military Board of tike State of Texas. Sectioh 1. Be it enacted by the Legislature of the State of Texas, That there is hereby created a Military Board of the State of Texas, to be composed of three members : the Governor of the State, who shall be ex officio President of the Board, and two other members, who shall be appointed by tbo Governor. The members appointed by tbe Governor shall be liable to be removed by him, whenever, in his judgment, the public interest may require it ; they shall reside at the seat of Government, and shall receive an annual salary of twenty-two hundred aud fifty dollars each ; and before they enter upon the duties of their office, they shall take and subscribe the oath of office prescribed by the Consti- tution, and shall each give bond, with good and sufficient sureties, in the sum of twenty-five thousand dollars, payable to the State of Texas, conditioned that they will well and faithfully perform the duties of their office ; which bond shall be approved by the Governor, and, together with their oaths of office, shall be filed in the office of the Secretary of State. Sec. 2. As soon as the Military Board, created by this act, shall be organized it shall succeed to the duties of the existing Military Board, and shall take charge of all its unfinished business ; and the powers of this Board shall be as those heretofore conferred on the Military Board, and shall be extended to the control of all public works and supplies, and to the aid of producing, within the State, by the importation of articles necessary and proper for such aid. Sec. 3. The Board shall procure regular books to be kept, showing all their transactions, and shall open an account with the Comptroller and Treasurer, which shall show the general progress of their business, and at the expiration of every six months, shall file an account of their transactions, accompanied with vouchers for money paid out ; the money received for articles sold by the Board, or for work done, shall be placed in the Treasury, subject to the orders of the Board for future operations, unless the Board shall order the same to be placed to the account of the general revenue. Sec. 4. In carrying out the purposes of this act, the Board shall have power to employ two clerks, whose salaries shall not exceed fourteen hundred dollars each, and such other agents and employees as they may find necessary, allowing them reasonable compensation for their services. Sec. 5. That this act take effect and be in force from and after its passage. Approved December ICth, 1863. CHAPTER XL. AN ACT supplementary to, and amendatary of " An Act to suspend all laws for ike collection of debts and liabilities on bonds, promissory notes, bills of exctonge and contracts for the payment of money, until twelve months after the ratification of a treaty of peace, between the Confederate States of America and the United States of America, or until otherwise provided by law," apppoved Bee. 2d, 1863. Section 1. Be it enacted by the Legislature of the Slate of Texas, That tbe first section of the above recited act shall be so amended as hereafter to read aa follows : That until twelve months after the ratification of a treaty of peace between the Confederate States of America and the United States of 2T America, or until othewUe provided by law, ail laws for the collection of debts and liabilities on bonds, promiasary noles, bills of exchange and contracts for the payment of money, except in cases of persons who abandon the country ; liabilities on the part of public officers ; liabilities and indebtedness to the State, and also when money has been received on deposit or in fcrust for those who may be entitled to the same, and for the collection of the interest on the money loaued at interest, by guardians, belonging to their wards, are hereby suspended. Provided, That this act shall not be construed to forbid the issuance of writs of attachment, sequestration, or injunction, nor the institution of necessary preliminary proceedings for that purpose, in accordance with existing laws, aniprovidea further , that this act shall not apply to any claim or demand against alien enemies ; and provided further, that tin's act shall not be so construed as to interfere with the action of the Supreme Court in deciding ail cases, as now directed by law. Approved December 16th, I CHAPTER XLI. AN ACT to provide for special terms of District Courts, an extend the powers of the Judges thereof, in certain cases. Section 1. Be it enacted by the Legislature of the State of Texas, That when any person shall be legally charged with the commission of a high crime, the Judge of the District Court, having jurisdiction of the case, may call a special term of the proper court, at any time, for the trial of the ca^e : and he may cause grand and petit jurors to be summoned in the usual mode, to attend the court, except that the drawing for the jurors may bo only fifteen days before the commencement of the term ; and he may cause the accused person to be brough* before the court at such term, whether imprisoned or bound for appear- ance ai a regular term: and such obligation shall be discharged by appearance and trial of the accused at the special term ; and the Judge may, in all other respects, proceed in such special business, at such special term, as he might do at a regular term of the court. The order for the special term and for I he jurors therefor, shall be entered as part of the minutes of proceedings of the term at the commencement thereof; and the rights of the State and of any person, in- terested in the proceedings of the court at such term, shall be the same that they would be in the like case at a regular term. Sec. 2. The several Judges of the District Courts, are hereby authorized and empowered, in all cases of injunction, to hear and determine motion dissolve the same, without determining the merits, in vacation as well as at a regular term, af'cr answer filed, upon ten days notice of the, time and placi hearing said motion, being given to the opposite party or his attorney : and bv proper order have the proceedings placed upon the minuies of the appropriate court, and the said Judges shall have power to punish any and all persons for disobeying a writ of injunction, or other legal process, by fine, or imprisoment, or by both punishments, to such an extent as will enforce obedience thereto, by order made within the term time or vacation. Sec. 3. This Act shall be in force from its Approved December 16th, 1SC3. [APTBB XI.II. AN ACT to provide for ascertaining conflicts in Surveys ami County B to prevent such conflicts from i ■ > provide for patenknf surveys in such Section 1. Be it enacted by the Legislature of the State of Texas, That for the purpose of ascertaining conflicts in, and m iking proper connections of B UT T 8J S and county boundaries, in cases where from discrepencics and imperfecta- 28 field notes, it becomes necessary, for the proper compilation of maps and issuing of patents, the Commissioner of the General Laud Office shall be authorized to order such surveys to be made as he may deem necessary, and to employ a competent surveyor for said purpose. All such surveys shall be made under the directions^ and according to the instructions, of the Commissioner of the General Land Office, and proper field notes of the same shall be recorded in the counties or districts affected thereby, and returned to the General Land Office, with the accounts of the surveyor for making the same, which accounts shall be audited by the Commissioner of the General Land Office, and be paid by the Treasurer of the State upon his certificate. Sec. 2. Before any county in this State, not already regularly organized as a land district under existing law, shall be recognized as such, the county court shall cause the boundary lines of the county to be run out, plainly marked, and duly connected according to law, and the field notes of the same, duly recorded, to be forwarded to tke General Land Office, and shall also file in said office, in such manner and form as the Commissioner thereof shall require, satisfactory evidence that all the requisitions of the law have been complied with, and no surveyor of any such county shall be authorized to survey any public land therein, until a certificate from the Commissioner of the General Land Office, has been recorded in his office, certifying that said county is authorized, under the law, to have a separate surveyor's office. Sec. 3. If from mutilation or deficiency of records, or other causes, it be found impracticable to procure the requisite maps and transcripts of records, in the manner heretofore required by law, it shall be competent to procure the same from the General Land Office, and when so procured and certified, they shall be held and deemed to have the same force and effect, as the original records. Every such transcript shall be made in a well bound book, and shall be paid for by the county as now required by law, and for the purpose of making the same, the Commissioner shall be authorized to employ such additional clerks as may be necessary at any time, provided that no charge shall thereby be made to the State. Sec. 4. Whenever, upon making proper connections of surveys, and estab- lishing proper connections of counties, it shall appear that any survey which has been, or may hereafter be made, is entirely without the limits of the county or district in which the same purports to have been made, it shall be the duty of the Commissioner of the General Land Office, to cause the field notes or a cer- tified copy of the same, to be recorded in the county or district in which the same is situated ; provided the survey does not conflict with any previous location or survey made in the proper county, and every such survey shall be patented, and shall be as valid as though made originally in the proper county. Sec. 5. The provisions of the first section of this act shall be deemed to extend to all necessary resurveys of University Lands, and all lands in which the State has an interest ; and that the sum of twenty thousand dollars, or so much thereof as may be necessary, be and the same is hereby appropriated for the purpose of enabling the Commissioner of the General Land Office to make necessary surveys under the provisions of this act, and that this act take effect and be in force from and after its passage. Approved December ICth, 18G3. CHAPTER XLIII. AN ACT to amend the third and fourth sections of " An Act to provide necessary assistance for families, and other dependents of officers and soldiers,'' approved March 6th, 18G3. Section 1. Be it enacted by the Legislature of the Slate of Texas, That the third and fourth sections of " An act to provide necessary assistance for families and other dependents of officers and soldiers," approved March 6th, 1863, are amended so as to be as follows : Sec. 2. In such business the court may obtain money, or other means, either 29 by public appropriation or by private donation ; and the court may so use any funds, which it may How have, or may hereafter acquire, derived From taxation or other ordinary source ; and the court shall raise funds therefor, by extraor- dinary taxation, as may be proper, to supply necessary assistance for the families or individuals to be provided for, so that these persons shall have suitable subsist- ence and comfort, and property in their charge shall haveprudenl man igement, to prevent loss or waste, and to promote appropriate income such extraordinary taxes shall be collected, as nee led, a icording to cess- ment, as it may be from time to time ; and the aggregate of taxes so collected in each year, shall not exceed the rate of one dollar on each b lollara of the assessment, and in the collection of such taxes, th nits may make any practicable arrangements for receiving payments in otherarticles than money, so as to promote the assistance herein provided for. Sec. 3. In such business the court may administer the means under its control, not only in any mode which may be prescribed by 1 insis- tently therewith, by any suitable instrumentalities; Provided, the court shall not distribute money to the beneficiaries for them to use at their pleasure : but, the court shall cause the means under its control to be specially applied to relieve the actual wants of the beneficiaries, in giving the assistance herein provided for. Sec. 4. This act shall be in force from its passage. Approved December Kith. 1863. CHAPTER XLIV. .1 y ACT providing for the purchase of cotton by the State, to meet the payment of the cotton bonds to be issued in pursuance of the provision* of " An Act. to > two millions of dollars, or so much thereof as may be necessary, by the sale of cotton bonds, to provide for the defense of the Hate, and to repel invasion, and for the purchase of machinery for manufacturing purposes,'' approved Decemlur 10W, 1803. Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor of the State be, and he is hereby authorized, to have purchased, in su«h manner as he may considor to the best interest of the State, the cotton necessary to meet the payment of the bonds issued in pursuance of the provi- sions of " An act to raise two millions of dollars, or so much thereof as may be necessary, by the sale of cotton bonds, to provide for the defense of the State, and to expel invasion, and for the purchase of machinery for manufac- turing purposes, approved December 10th. 1863 ; " and that the sum of two millions of dollars of such funds in the Treasury of the State, not otherwise appropriated, be and is hereby appropriated to be used under the direction of the Governor, in the purchase of cotton for the purposes aforesaid. Sec. 2. Should there not be sufficient funds in the Treasury of the State, to meot the appropriation made in the first section of this act, or should the Gov- enor of the State, in his discretion, deem it advisable to use the lands of the State, to carry into effect tho object of this act, in either case, the Governor is hereby authorized to execute the bonds of this State, payable from six to twelve years after the present war between the Confederate States of America and the United States of America, redeemable at the pleasure of the State, for tho sum of two millions of dollars, or so much thereof as he may deem necessary, and in such sums as ho may consider most suitable, bearing interest at the rate of seven per cent, per annum, from the date of their negotiation, payable in specie twelve months after the close of said war, and semi-annually thereafter, until the payment of the principal. That said bonds may, at any time, be cai el led at the pleasure of the holder or holders, by presenting said bonds to tho Treasurer of the State, who shall pay the face value of said bonds in the land script of the Sta'e, at the rate of fifty r >nta per acre. That said bond signed by the Governor and Treasurer, and registered by the Comptroller, who shall certify the fact of said registration on the back of said bond . 30 Sec. 3. The Governor shall authorize the negotiation and sale of said bonds from time to time, and the proceeds thereof shall be applied, under bis direction, in carrying into effect the object of this act. Sec. 4. This act to take effect and be in force from and after its passage. Approved December 16th, 18G3. CHAPTER XLV. AN ACT to amend the first and second sections of '-An Act to regulate the sale of Beef Cattle, and to require Butchers to keep and return lists of cattle slaughtered by them, and to prevent the sale of Calves for slaughter iciifwut branding,'" approved March Wi, 1863. Section 1. Be it enacted by the Legislature of the State of Texas, That the first section of the above recited act be amended, so as to read as follows, to wit : Every purchaser of beeves for the purpose of slaughter for the Confederate- armies within the county where purchased or elsewhere, or for the purpose of exportation or driving to market out of the county where purchased, shall, before slaughtering as aforesaid, or exporting, or driving the same out of the county where purchased, take from each and every person from whom he pur- chases any such beef, or beeves, a bill of sale of the same, in writing, fully - describing the number and kind of animals purchased, with the age, value, and marks and brands of each, which shall be signed by the party selling the same ; and, after having had the same proven or acknowledged as required by law, shall cause the same to be filed for record in the office of the Clerk of the County Court of the county where such beeves were purchased. Such bills of sale shall be recorded by the Clerk of the County Court, in a book to be kept for that purpose, which shall be open for inspection by the public : Provided, That when there shall be no clerk in the county where such record shall be required to be made, the same shall be filed and recorded, in the manner herein required, in some adjoining county ; and such record, in an adjoining county, shall not dispense with the necessity of filing and recording in the proper county, so soon as there is a clerk therein authorized to make such record. Sec. 2. Section second of the above recited act is hereby amended, so as to read as follows, to wit : Sec. 2. Any purchaser of beef, or beeves, who shall fail to comply with, or shall violate the provisions of, the first section of this act, shall be deemed guilty of an offense against the laws of this State, and shall be liable to indictment therefor, and, upon conviction, shall be fined in a sum not less than twice nor more than five times the value of the beef, or beeves, slaughtered or driven off, contrary to the true intent and meaning of this act, one-half of which shall go to the informer and the other half shall be paid into the county treasury, to the use of the county as a jury fund : Provided, That such conviction and fine shall not be plead in bar of any civil suit for damages, brought by the owner of such beef, or beeves ; nor of any criminal action to which such person might become liable for forging any bill of sale required under this act. Sec. 3. This act shall be in force from and after its passage. Approved December 16th, 1863. CHAPTER XLVI. AN ACT to prescribe the punishment for encouraging Desertion from the Army or Navy of the Confederate States, or the State of Texas. Section 1. Be it enacted by the Legislature of the State of Texas, That if any person within this State shall conceal, harbor, aid, assist, or in any manner give protection to any person who is a deserter from the army or navy of the Confederate States or the State of Texas, knowing such person to be a deserter, 31 or, if any person shall, in any manner, aid or assist any one who has been legally drafted for the militia service of this State, in evading or escaping from snch militia service, such person or persons, bo offending, shall be deemed guilty of an offense, and, upon conviction thereof by the District Court of the oounty where such offense was committed, shall be punished by confinement, to hard labor in the State Penitentiary not more than five years, or any less punishment may be assessed by the jury, in their discretion. Skc. 2-. Any person who shall advise, or in any manner assist or encourage, any officer, soldier. Beaman, or marine, to desert from the army or navy of the Confederate States or ol this State, or shall advise, aid, or encourage, any pei son who has been legally drafted for the militia service of the State ol Texas, to evade or escape from the same, shall be deemed guilty of an offense, and, upon conviction thereof in the District Court of the comity where Buch offendei resides, or in the county where such offense was committed, shall be punished by confinement in the State Penitentiary, at hard labor, not less than two nor more than five years : Provided, That the penalties of this act shall not attach to the wife, or mother, of any officer, soldier, seaman, or marine, or person held to militia, service in this State, as heretofore designated, who may render such aid to her husband or son. Skc. 3. The Judgesof the several District Courts shall give this law <■ cially in charge to the grand juries. Sec. 4. That this act shall be iu force from and after the first day of Feb ruary, 1864. Approved December 16th, I CHAPTER XLVli. AN ACT io regulate the Estraying of Stock, in certain Cow therein named. Section 1. Be islature of the State of Texas, That here- after when any stray horse, mare, colt, mule, jack, or jinnet, shall be found on the plantation or land of any citizen of this State, such citizen shall forthwith advertise the same, describing the animal's color, and specifying the marks and brands, if any, at three public places in the county in which such citizen resides, one of which notices shall be on the Court-house door, for at least twenty days ; after the expiration of which time, if no owner apply, it shall be lawful for such citizen to appear before some Justice of the Peace, in and for said county, and estray the same. Sec. 2. Any citizen entitled to estray any animal, as provided in the first section of this act, shall make oath that the animal to be estrayed was taken up at his or her residence, or on his or her plantation, or on his or her land, adjoining the same ; that the marks and brands have not been altered, or dis- figured, since the same was taken up ; that notice has been given according to law, and that no owner has been found, which affidavit shall be sworn to and subscribed by the citizen estraying, and filed ; whereupon the Justice shall cause to appear before him, by summons or otherwise, two disinterested house- holders of his county, commanding them, after being sworn, to value and appraise the same, and certify the valuation, together with a particular descrip- tion of the animal, including stature, marks, brands, color, and age, under oatb, which shall be attested by the Justice, who shall thereupon require of the I up a bond, with two or more solvent securities, for double the appraised value of such animal, payable to the Chief Justice of the County, or his successors in office, conditioned that the taker up shall comply with the provisions of this act; which affidavit, appraisement, and bond, shall be transmitted by sueh Justice to the Clerk of the County Court within twenty days thereafter; for which the said Justice shall receive the same fees that are allowed for similar services by law. Sic. C. At any time within twelve months, it shall be lawful for the owce: 32 of any stray horse, maro, colt, mule, jack, or jinuet, to prove his or her property by the oath or affidavit of any respectable witness, in a certificate, containing a particular description of the animal, or animals, claimed, including the kind, marks, brands, stature, color, and age, of the same, which certificate shall be sworn to and subscribed before any Justice of the county wherein such animal, or animals, may have been estrayed, and delivered to the taker up, to be filed by him in the office of the County Clerk of such county ; and, on the delivery of such certificate and the payment of all costs incurred in keeping and posting such estray, or estrays, to the taker up, shall be entitled to demand and receive such animal, or animals : Provided, That when the respectability of the witness aforesaid is not known to the officer administering the oath, the party claiming shall produce satisfactory evidence of the respectability of such wituess, cer- tified by a Notary Public of the county in which the witness resides; and, provided farther, That in all cases when the owner and taker up cannot agree upon the charge for keeping such estray, or estrays, the Justice before whom such animal, or animals, may have been posted, shall determine the amount to be paid by the owner to the taker up. Sec. 4. If any person or persons estraying any horse, mare, colt, mule, jack, or jinnet, shall send or take away the same out of the State of Texas, through fraud, or swap, sell, or otherwise dispose of the same, for the purpose of gain, or for the purpose of holding such property, he, she, or they, so offending, shall be liable upon his, her. or their bond, in an action for damages, in favor of the party injured. Sec. 5. Whenever any estray animal shall be found dead, or shall escape, the taker up shall, without delay, make report thereof to the Clerk of the County Court, under oath, which report shall be recorded in an estray book ; and any person who shall be foun'd guilty of making a false report, shall be liable to an indictment, and punished therefor as in other cases of purjury, and shall, moreover, be liable on his or her bond for the value of the animal, or animals, estrayed. Sec. 6. Each and every estray shall be kept in the county in which such animal was taken up, and may be used in moderation : Provided, That if the same be abused, the taker up shall be liable upon his bond, in damages, for such abuse, and may be sued therefor, either by the owner, or by the Chief Justice for the use of the county. Sec. 7. If any person having in charge any estray, or estrays, shall refuse to deliver the same to the owner thereot on his complying with the requisitions of this act, such owner shall be entitled to his action therefor with damages. Sce. 8. If any estray or estrays of any kind shall be found running at large, and not estrayed, and the owner of the same be unknown, it is hereby made the duty of the County Commissioners, or any of them, to return the same with a full description thereof, to the County Clerks of their respective counties, who shall advertise the same in the manner specified in this act ; and if such animal shall not be proved away by the owner within the time allowed by the provisions of this act, the commissioner returning the same, or his successor in office, shall proceed to sell such animal, or animals, and report the sale thereof to the Clerk of the County Courts, and after paying the Clerks fees, and retaining ton per cent, of the proceeds of such sale, be shall pay the remaining sum into the county treasury, there to remain during the present war, and one year thereafter, during which time, if any person, or persons, shall come for- ward, claim and prove up the property thus sold, he, she, or they shall be entitled to draw from the treasury the full amount of money thus retained ; and if no claimant or claimants, shall appear as provided for in this article, ;aid funds shall be appropriated for the use and benefit of the county. Sec. 9. Itshallbetueduty'of theClerkof the County Court to record thepa- per s transmitted to him, as provided in the second section of said act, in a separate book, to be kept in his office for that purpose, and for which he shall be entitled to demand and reoeive, the same fees that are allowed by law for similar services, to be paid , in all cases, by the taker up ; Provided, that when two or 33 more animals are taken up at the same time, and by the same person, they shall be included in the same entry, and (he justice of the peace and Clerk shall receive no more fees than for one such animal ; and each County Clerk shall cause a statement of the appraisement, and a description of the animal so estrayed, to be advertised at leas! three times, in some newspaper published in the county where such animal, or animals, were estrayed, il there be one, and if there be no newspaper published Id the county, then the clerk Bhall cause the i ■ to be advertised in the newspaper nearest to the county, and also by posting up notices at three public places in the county, one of which shall be at the court-house door thereof ; and the printer of such notice shall furnish a copy of the paper containing the same to said clerk, whose duty it shall be to file and preserve the same in his otliee, for the inspection of all persons who may be interested; and for such publication, the printer shall be entitled to receive from the party estraying the same, the sum of two dollars, to be collected by the County Clerk, and paid to the order of the printer. Sec. 10. The property of every stray horse, mare, colt, mule, jack, jinnet, or work ox. taken up as aforesaid, and not proven away by the owner within twelve months alter such appraisement, shall be deemed vested in the county wherein such estray or estrays may have been posted, and the taker up shall immediately thereafter proceed to sell the same, for cash, to the highest bidder, at the court house door of the county, giving notice of the same as required in the case of sheriffs' or constable^' sales, and within ten days after such sale, he shall pay into the county treasury of the county, seventy -Vive per cent, of the proceeds of the same, and retain the other twenty-five "per cent, for his own use and benefit ; Provided, that each and every return of sale shall be made to, and'flled by the County Clerk of the county, and sworn to by the taker up ; Provided, also, that the owner of property so estrayed, may at any time during the continuance of the present war, or one year after the ratification of a treaty of peace between the United States and the Confederate States of America, come forward to the county treasurer, and upon proof of such ownership, shall be entitled to have and receive the amouut so deposited, after paying such costs as may be necessary to establish his right thereto. Sec. 11. Any citizen taking up any stray cattle, other than work oxen, hogs, sheep, or goats, shall proceed in the same manner as required in the case of horses, etc., except advertising in a newspaper ; and any person estraying the same, at the expiration of six months from the date of appraisement, and shall proceed to give notice as required in cases of sheriffs' or constables' sales, i and to sell such estrays, where they were taken up, if not less than three bidders attend such sale ; Provide.!, that no animal of the kind enumerated in this section, except work oxen, shall be subject to be estrayed, unless the same shall have been on the plantation or land of the taker up, at least six months previ- ous to the time of estraying the same ; Provided, the proceeds of the sale of estrayed stock, sold under the provisions of this act, shall be paid into the treasury of the county in which said estray or estrays, were sold, and disposed of as in section ten of this act. Sec. 12. That in making the returns of sales under this act, the taker up Bhall, in all cases, give the names of at least three of the bidders, who were present at said sale. Sec. 13. This Act shall take effect and be in force from and after its passage in the following named counties, and in no others, to-wit : Panola, Rusk, Red River, Bowie, Davis, Marion. Harrison, Shelby, Nacogdoches, San Augustine, Smith, Angelina, Cherokee. Houston, Tyler, Hardin, Jasper, Newton, Sabine, Polk, Anderson, Trinity, Wood, Fannin, Van Zandt, Hopkins and Lamar. Approved December 16th, 1863. 34 CHAPTER XLVIII. AN ACT to amend Article 88, Chapter II and Article 123 Chapter VI, of the Penal Code. Section 1. Be ii enacted by the Legislature of the State of Texas, That Article 88, Chapter II, and Article 123, Chapter VI, be so amended as that they shall respectively r.ead as follows, to-wit : Akt. 88. The salaries of ihe Superinlendant, Directors, rirys'ci n. aDd Chaplain, shall be paid quarterly by the Financial Agent, out t>f the funds of the Institution, and the salary of the Financial Agent shall be paid quarterly by the State Treasurer, out of the funds of the State, on the warrant of the Comptroller. Sec. 2. — Art. 123. He shall be the purchasing, u selling and disbursing agent of the Penitentiary. Before entering on the discharge of his duties, he shall execute a bond in the sum of one hundred thousand dollars, payable to the State of Texas, with two or more good and sufficient securities, to be approved by the board of directors, conditioned as follows : That he will honestly and faithfully discharge the duties of his office as such agent ; that he will deposit or pay over, all sums of money, which may come into his hands as Financial Agent, not necessary for the current expenses of the Penitentiary, as may be directed by law, or may be ordered by the Governor ; that he shall pay all accounts for services rendered , and purchases made on the presentation of proper vouchers ; and that he shall pay all drafts drawn on him by the Superintendant for any purposes authorized by law. Said bond shall be recorded in the Directors book of minutes, and by them shall be transmitted to the Department of State, and the same shall remain, unless called for by the proper authorities, for necessary purposes. Sec. 3. That this Act take effect and be in force from and after its passage, and that all laws, and parts of laws, in conflict with the provisions of the same, be and the same are hereby repealed. Approved December 16th, 18G3. CHAPTER XLIX. AN ACT making an appropriation to defray the expenses of defending the Frontier for the years 1864 and 1865, in pursuance of the provisions of " An act to pro- vide for the protection of the Frontier, and turning over the Frontier Regiment to the Confederate States service," approved Dec. 15th, 1863. Section 1. Be it enacted by the Legislature of the State of Texas, That the sum of one million dollars in Confederate States Treasury Notes, be and the same is hereby appropriated, to be expended in defraying the expenses of defending the Frontier for the years 1864 and 1865, as provided for in the act mentioned in the title hereof. Approved December 16, 1863. CHAPTER L. AN ACT supplementary to an act to provide for the Protection of the Frontier, and turning over the Frontier Begiment to the Confederate States service, approved December 15th, 1863. Section 1. Be it enacted by the Legislature of the State of Texas, That the ammuntion mentioned in the fourth and other sections of the act to which this is supplementary, shall be furnished to the men upon proper requisitions, at the cost of the State, and without charge to the men. , _ Sec. 2. That the person to be appointed by the Governor, under the provi- sions of the act to which this is a supplement, to act as paymaster to said Frontier organization, shall Lave the rank and pay of a captain of cavalry, and 35 beiore entering upon the duties of his office, give bond in such an amount as the Governor may require, with two or more responsible sureties for the faith- ful performance of the duties required of him. such bond f " be approved by tho Governor. Sec. 3. That the men are only to be paid for 8U :b time as they are actually on duty, and not for such time as they are at home : and. if at any time more than one-fourth of any n the I , That the purchasers of University lauds shall have until the expiration of twelve calen- dar months, from and after the declaration of peace between the Confederate States of America and the United States of America, or until otherwise provided by law, to make payment of the instalments and interest due the University fund for said lands : Provided, That all such payments shall be made in State bonds and State treasury warrants ; that this act shall not be construed to pre- vent such persons, as may desire to do so, from paying the instalments due, or the interest, or the entire purchase money, due for them ; and. p that the sureties of each purch i in writing, to the extension of time, or the principal renew their notes, witli two or more sureties, to bo approved by the Comptroller. Bso. 2. That no forfeiture shall accrue by reason of failure of purchasers to pay their several debts due for University lands, previous to the expiration of the time mentioned in the first section of this act. • Sec. 3. That the provisions of this act shall apply to all purchasers of Uni- ty lands, as well to those who have paid in part as to those who have failed to pay any portion of their indebtedness. t. That an act, entitled "An act for the relief of purchasers o versity lands," approved January lth. 1862, be and the same i- hereby rep" i ">. That this act shall take effect and be in force from and after its passage. Approved December 16th, 1863. CHAPTER L11I. AS' A< . , .2 the thiol "An Ad to dm. prove ■ it of the several of Section 1. tu. That the third section of "An act to change and provide an uniform time for termin- 36 ating the fiscal year of the several officers of the State government," ap- proved December 1 lib, 1857, be amended so as to be in force as follows: Sec. 3. Twenty copies of the report of the Comptroller, and ten copies, respect- ively, of the reports of the Treasurer, Commissioner of the General Land Office, Secretary of State, Attorney General, Adjutant General, Dirtetors of the State Penitentiary, and other public officers and managers of institutions, required to report to the Governor, shall be printed for the use of each member of the Legislative; and the Secretary of State shall send the same, in proper pro- portions, to the presiding officers of both Houses of the Legislature, at the commencement of each regular session, for the use of the members. Approved December 16th, 18C3. CHAPTER L1V. AN ACT to provide for the Manufacture of Iron by the Military Board. Section 1. Be it enacted by the Legislature of the Slate of Texas. That it shall be tie duty of the Military Board to erect and put into operation one or more furnaces and forges, and other suitable. works, for the manufacture of iron, to be located at such place, or places, as may be selected by said board. Sec. 2. That all iron manufactured by said board, or under their direction, not needed for the defense of the State or in the performance of their duties, shall be sold to the people, according to such regulations and on such terms as said Military Board may establish, and the proceeds of such sales paid into the treasury of the State. Sec. 3. That one million of dollars, or so much thereof as may be necessary, be and the some is hereby appropriated for the purpose of carrying into effect the provisions of this bill. Sec. 4. That this act take effect and be in force from and after its passage. Approved December l'Gth, 1863. CHAPTER LV. AN ACT to amend Article 960 of the Code of Criminal Procedure. Section 1. Be it enacted by the Legislature of the Siate of Texas, That Article 960 of the Code of Criminal Procedure shall be so amended, as hereafter to read as follows : The Sheriff shall receive from the county, for each guard he may employ, acd for tie support end maintenance of each prisoner in his custody, such amount as the Chief Justice may, in his discretion, designate as necessary i&& sufficient ; acd that this act take effect from its passage. Approved December 16tb, 1863. CHAPTER LVI. AN ACT to punish certain offences committed on Sunday. Section 1. Be it enacted by the Legislature of the State of Texas, That any person, or persons, who shall compel his or her slaves, children, or apprentices, to labor on the Sabbath, the day known as Sunday, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten nor more than fifty dollars: Provided, That household duties, works of necessity and charity, shall not be prohibited by tbia act : Provided further, That this act shall not apply to any work done on sugar plantations during the sugar-making season, or any work that may be necessary to save any crop. Sec. 2. That any person, or persons, who shall run or be engaged in running any horse races, or engage in the retail of spirituous or other intoxicating liquors, 37 or who shall permit or allow the us? of any nine or I blui *r00 . I.ihki Printing, per annuir 4,000 Contingent expenses I' cr annum. 1,000 Outstanding: ,md unpaid, for the yet r printing, 1,600 42 JUDICIARY — SUPREME COURT. Salary of three Judges, each per annum, 3.000 $18,000 Contingent expenses of the Supreme Court, . per annnm, 3,000 6,000 Pay of Sheriffs, per aDnum, 609 ' 1,218 Porter hire per annum, 300 600 Publishing Reports, per annum, 7,000 14,000 Clerks' fees in felony cases, '. per annum, 150 300 Salary of Librarian, at Galveston, for 1862, 309 DISTRICT C0URT3. Salary of twenty Judges, each, per annum, 2,250 90,000 Salary of twenty District Attorneys, each,. . per annum, 500 20,000 Costs due Clerks, Sheriffs and District Attorneys, per au., 5,000 10,000 ATTORNEY GENERAL'S OFFICE. Salary of Attorney General,. per annum, 1,800 3,600 Contingent fund, per annum, 100 200 Fees in felony cases, . per annum, 250 500 PENSIONS. Cynthia Ann Parker, per annum, 100 200 Allsbury, Juana Navarro, per annum, 100 200 Anderson, W. H., per annum, 100 200 Barnett, Thomas. per annum, 100 200 Cole, David, per annum, 100 200 Day, James M., per annum, 100 200 Davis, Rolla M., per annum, 100 200 Field, Joseph E., per annum, 200 400 Nichols, James W., per annum, 100 200 Norris, Thomas, per annum, 100 200 Smith, H. M., per annum, 250 500 Shepperd, Charles, per annum, 125 250 Tbacker, J. B., per annum, 100 200 Webb, David, per annum, 100 200 Stump, John S., per annum, 200 400 Cooper, Dillard, per annum, 200 400 PENITENTIARY. Salary of Superintendent, per annum, 1,500 3,000 Salary of Financial Agent, per annum, 1,500 3,000 Salary of three Directors, each, per annum, 250 1,500 Salary of Chaplain, per annum, 250 500 Salary of Physician, per annum, 50» 1,000 Stationery, postage, and printing, per annum, 300 600 Transportation of convicts, 15,000 ASYLUMS. Support of Lunatic Asylum, per annum, 50,000 100,000 Support of Deaf and Dumb Asylum, per annum, 34,000 68,000 Support of Blind Asylum, per annum, 16.000 32,000 MISCELLANEOUS. Slaves executed per annum, 4,000 8.000 Scholastic for 1864 and 1SG5, (interest on School Fund.). „ 11,000 For support of Militia, embracing subsistence, expenses already accrued, transportation, pay, &c, &c, 80,000 For the Alabama, Coshattee and Muscogee Indians, per an., 1,000 ...... 2,000 For defense of the State, in case of necessity, subject to the disposition of the Governor, 2 ; 000,000 .STATE ARMORY. For the State Armory, per annum, 7.000 14,000 Store house, (guard, &c.,) per annum, 9,800 19,600 For two Librarians, per annum, 600 1,200 To pay John C. Glover, Sheriff of Leon county, for taking a lunatic (B F. Hardinett) to Lunatic Asylum, ' ■ 43 To pay compensation of the person, or persons, employed in negotiations as to the State cotton bonds, embracing the sale of them and the in- vestment of proceeds, to be paid in specie, out of any such funds in the treasury not specifically appropriated to another purpose, or out of the proceeds of the bonds $10,000 Sec. 2. That this act take effect from and afttr its passage. Approved December 16th, 1863. CHAPTER LXII. AN ACT to amend an ad entitled an act for the erection and support of a Lvnatic Asylum, approved August 28th, 1S56, and an act entitled an act to' provide for the organization of the State Lunatic Asylum, and for the eare and maintenance of the Insane, approved July bth 1S58. Section 1. Be it enacted by the Legislature of the State of Texas. That the Superintendent of the Lunatic Asylum shall make report quarterly, to the Comp- troller, of all the expenses of said Asylum, istead of the semi-annual report required by the act to which this is an amendment, to be made to the Governor. The Superintendant, hereafter, shall make annual reports to the Governor, on the first of October, of the condition of the Asylum and its inmates. Sbc. 2. That the eighth section of said act be so amended as hereafter to read as follows : If information in writing be given to any Chief Justice of a county, that any person in his county is an idiot, or lunatic, or non compos mentis, and that the welfare of himself, or of others, require that he be placed under restraint, and said Chief Justice i-hall believe such information to be true, be fhall order such person to be brought before him. and twelve competent jurors of the county to be summoned, who shall be sworn to inquire and a true verdict render, whether said person is of sound mind or not ; whereupon the matter shall be tried, and if the jury shall return a verdict that the person is not of sound mind, and that he should be placed under restraint, the same shall be recorded, and the Chief Justice shall thereupon order him to be sent to the Lunatic Asylum. Upon the trial and inquiry herein provided for, the exam- ination of the insane, and the testimony of the witnesses, shall be reduce.:l to writing and Bled. The proceedings of the Chief Justice, in relation to insane persons, shall be minuted in the records of his court appertaining to estates of deceased peiBons. Sf.< . 3. That the tenth sectionof said act be so amend' fter to read as follows : Ecfoie sending a patient to the Asylum, the Chief Justice shall, without delay, cause authenticated copies to be made of the pr evidence and c! ot the original inquisition, and of the record of all subsequent Inquisitions and orders, to be forwarded, by mail, to the Superintendent of the Lunatic Asylum : and in all cases, shall, before sending said | i from the Superin- tendent, by application in writing, that there is a vacancy, and to il the "I 1 of the Asylum cannot send for him. Thereupon, the Chief Justice shall i his warrant to the Sheriff, or other suitable individual, ordering him to convey said person to the Asylum without, delay ; and when for assistants, he shall prescribe, in such warrant, the number to he allowed, which shall, in no c.i Itwoj and he shall see that the patient Is ] with two good and full suits of sumtn oJ winter clothu Sec. 4. That the eleventh section ol fter to read as follows : If any person charged with, or i f, any criminal i • found to be insane, in the court before which he OUTt ■hall order him to be conveyed to, and retained in. the State I. lum ; and he shall be received and retained until removed by order ol the court; oi of the Judge thereof, by which ho was committed 44 the person so committed to the Asylum, may be removed to the custody of the Sheriff of the county in which he is charged or convicted as aforesaid, by the order of any Judge of the District Court, or discharged upon the order of a Judge authorized to issue the writ of Habeas Corpus, as in other cases authorized by law. Sec. 5. That the eighteenth section of said act be so amended as"hereafter to read as follows : The expenses of removing to, and from the Asylum, clothing and mainten- ance therein, of every person received upon the order of any Chief Justice, shall be paid by the Treasurer of the county, when, and as they become due and payable. And the County Court shall have the right to require every individual legally liable for the support of such patient, to reimburse the amount so paid, with interest from the time of paying the same. Sec. 6. That the twenty-second section of said act be so amended as here- after to read as follows : The officer complying with the order of the court, or the Superintendent, in carrying a patient to the Asylum, shall be paid at the rate of ten cents per mile for himself, and eachgua'rd, (authorized by the court.) going and returning, besides tolls and ferriages, and the same for the patient going. The compensation for returning fugitives to be paid out of the Treasury of the Asylum, upon proper vouchers, and for all others, out of the,County Treasury, as provided by the fifth section of this act. Sec. 2. Be it further enacted that this act take effect from and after its passage. Approved December lGth, 1863. LXIII. AN ACT to provide for the Defense of the State. Section 1. Be it enacted by the Legislature of the State of Texas, That the Governor of the State is hereby empowered to continue in the service of the State, the State Militia now in the field, for the term of six months after their present term of service expires. He is hereby further empowered, to order into the same service, the Militia now remaining at home. These powers are to be exercised when he shall deem the said Militia necessary to enforce the laws, suppress insurrections or to repel invasion, and are subject to the restrictions hereinafter expressed. Sec. 2. The Governor shall order all the Militia, not now in the field, to be enrolled, and without loss of time after such enrollment, the men so enrolled, shall proceed to, and become members of, the companies, battalions and regi- ments raised in their several counties and brigade districts. Such enrollment shall be made within one month preceding the expiration of the term of service of the Militia now in the field, and in time to allow those enrolled to join their companies before the expiration of said term of service. Sec. 3. When the time shall have arrived for the term of service of the Militia now in the field to expire, there shall be a reorganization of the Militia, by the election of company and field officers. At said election, all those shall be allowed to vote who are now in the field, and also those who shall have joined their companies prior to such reorganization. Sec. 4. The whole number of Militia, except the commissioned officers, thus organized, shall be divided into three classes, to be called the First Class, the Second Class, and the Third Class. The third, class shall be composed of those who are not now in the field, and who shall be ordered there under the provi- sions of this law. The commanding officers of brigades, unattached companies, battalions and regiments, shall divide the Militia now in the field, into two classes, in the following manner : There shall be put in a hat, for each company now in the field, as many tickets as there are private soldiers in such company. One-half of these tickets shall be numbered one, and one-half shall be numbered two. The roll shall be called, and each man, as his name is called, shall draw 45 out a ticket. Those drawing a ticket marked one, shall be of the first i and those drawing a ticket mark( the second class. Should any man be absent, then the officer in command of such company, shall draw for him. This classification shall be male at the lame 1 1 the reorganization, as ordered in suction three of this act. The non-commissioned officers Bhall, at the same time, and in the same manner, be classified, but skall draw eoparatelj from the private soldiers. But persons in the Militia liable in Bervice in the army of the Confederate States, shall not I '. or tin]. here- inafter provided. 6. Such reorganization i nd claesifi latii n beii a i ■ ■■■ | the first clas3 shall be furloughed for the term of three months, at the i of which, they shall return to their respective companies, and at that tin. those of the second class shall be furlonghed for a like time, bi the third class. Commanders of brigades shall devise a 93 -t >va of leaves of absence for commissioned officers, ia such manner as to pant them, without detriment to the country, i time to visit their families and attend to -ary busiD Sec. 6. If any person not now in the Militia in the field, but liable, under this act, to be called into service, sh ■ d into service, an 1 sh ill fail, wit] reasonable excuse, to join his company or regiment, as herein r. ijuired, he shall be deemed guilty of desertion, and may be proceeded against, tried and punished according to the articles of war and regulations for the aimy of the Confederate States. 7. The Militia of this State, organized according to the pro\isionsof this act, and under the immediate command of officers appointed by Hie Governor, may by him be put under the orders of the commander of the army of the Confederate States in the District of Texas, the Confederate Si paying, subsisting and clothing the said Militia as Confederate troops Militia shall not be sworn into the service of the Confederate States, but shall always remain liable to the ultimate control of the Governor, if he derm it proper at any time to exercise such control ; aud they may. at any time, by him be withdrawn or disbanded. Sec. 8. In all cases when the Militia of this State shall be in the field under an order from the Governor, or act of the Legislature, an 1 the Confederate States shall refuse to grant them pay. subsistence and allowances as to Confed> troops, then the Militia shall have pay, sul^istence and allowan _■• •--. t] allowed to Confederate troops, to be furnished by this State. Sec. 9. Should the Governor disband the Militia, the said classification and organization shall not be destroyed. In that case the Militia shall bi force, to be again called out should occasion require, and such call shall be made upon the two classes whose turn it is to be in the field, it being the object of this act to retain always at home, one-third of the Militia of the State, and to keep two-thirds of the Militia in active service during the present war. whenever there shall be necessity of such service. Sec. 10. No person who has a substitute in the Militia now in the field, and who, if he had not such substitute, would be liable to Militia duty, shall because of such having furnished a substitute, be deemed exempt from Militia duty, alter the expiration of the present term of service of the Militia now it) the field ; but such person shall belong (o the first or second class of Militia, as shall be determined by lot. and when the lots are drawn, i in section three, he shall draw with the rest, if he be present, and it not. the officer in com mand of the company shall draw for him, and the substitute, if lial Militia duty, shall belong to the third i Any person belonging 'o either of the classes may, with the consent of commanding officer of his company, exchaa I lent class in the same company. Sec. 11. This Act shall I !rom and after it« passage, and shall r> : in force nntil the termination >. CHAPTER LXY1I. AN ACT to amend Articles 412 and 41s of "An Act to adopt and establish u Penal Code for tin- State ,»/' Texas," approved August 2s,'//, 1866 Section 1. Be il enacted by the Leeyislature of the Slate of Texas, That article 412, of the above recited act, shall hereafter read as follows, to wit : " If anv person shall keep or exhibit for the purpose of gaming, any gaming table or bank, of any name or description whatever, or any table or bank, useil foi gaming, which has no name, or shall be in any manner interested in keeping or exhibiting snch table or bank at any place, he shall lie lined not less than five hundred dollars, nor moro than one thousand dollar*." BM. 2. Be it further enacted. That for each game upon which any of the games enumerated in the first section of this act, or in the fourth chapter ol the Penal Code, shall be played or exhibited, shall constitute a separata offence : and that, in all cases arising under the provisions of this act, where Justices ol the 1'eace. Mayors, and Recorders, have not jurisdiction finally to try, it shall be their duty to bind, as in other cases, the person accused to answer such I) so charge at the next term of the District Court to be held in the county in which such offence shall have been committed. Sec. 3. That article 418, of the above recited act, shall hereafter read as follows, to wit : " If any person shall bet at any gaming table or bank, sucb as aie in the six preceding articles mentioned, he shall be fined not less than one hundred dollars, nor more than two hundred and fifty dollars." Sec. 4. That this act take effect and be in force from and after its passage. Approved December 10th, 18(13. JOINT RESOLUTIONS. CHAPTER I. JOINT RESOLUTION. 1. Resolved by the Legislature of the State of Texas, That in consideration of the patriotic service, personal sacrifice, and distinguished gallantry of all Texian Soldiers who have been, and who are now, in the Armies of the Confed- erate States and State of Texas, battling for Southern honor and independence, we, the Representatives Of the State of Texas, for ourselves and in bebalf of our constituents, tender to them, both officers and men. the sincere, heartfelt thanks of the people of the State of Texas ; and that, recognizing them as the brave defenders of our common liberties, we hereby pledge ourselves, and the State, to the support and maintenance of their families during their absence from home. 2. Resolved hy the Legislature, That the Governor is hereby requested to have the above resolution printed and forwarded to each regiment, battalion, and independent company, raised in the State of Texas, with a request of their respective commanders to have the same read on dress parade. Approved November -4th, 1863. CHArTER II. JOIXT RESOLUTION. 1. Resolved by the Legisfatutt of the State of Texas. That our Senators in Congress be and they are hereby instructed, and our Representatives in Con- gress be respectfully requested, to use their best efforts to repeal all laws exempting persons from conscription, on account of their being the owners of property of any description whatever. 2. Resolved, That the Governor be requested to transmit a copy of this resolution to each of our Senators and Representatives in Congress. Fassed December 3d, 1S63. CHAPTER III. JOINT RESOLUTION requesting our Senators a»d Representatives (n Congress la increase Out isaqes of the tun-commissioned officers and privates in the Army aud Nary of the Confederate Kates of A m er ic a. Resolved hy the Legislature of the Statu of Texas, 'Hint our Senators in Congress, and onr Representatives, are requested t<> use tlu-ir influence to Increase the wages of the non-commissioned officers and privates In the Army and Navy of the Confederate States of America \ and that (V>njrr«>n increase the tax, so a» to meet the increase of pay- PssBsd Decembef 16th, 1868 52 CHAPTER IV. JOINT RESOLUTION to provide jor the Payment of the State Troops. Whereas, the State troops were called out by the proclamation of His Excel- lency Governor Lubbock, in 1862, and these troops were transferred to the Confederate Commander of the State of Texas ; and, whereas, supplies to meet the wants of these troops were furnished by individual advancement and credit, &c. which have not been reimbursed or met by either State or Confederacy : Therefore, be it resolved by Die Legislature of the State of Texas, That the Adjutant and Inspector General of the State be and is hereby instructed to inquire into the cause of the non-payment of any or all claims in the premises, and to take such steps as will properly adjust the rights of all concerned. Approved December 10th, 1863. CHAPTER V. JOINT RESOLUTION in relation to Public Printing for the Tenth Legislature. h Re it enacted by the Legislature of Hie Stale of Texas, That the Secretary of State, Comptroller and Treasurer, or a majority of them, be required to proceed immediately after the adjournment of the Tenth Legislature, to contracffor thf Public Printing, as nearly as may be in accordance with existing laws ; and that this resolution take effect from and after its passage. Approved December 16th, 1863. CHAPTER VI. JOINT RESOLUTION. Wbekeas, the present war. waged by the Government of the United States upon the Government, people and property of the Confederate States, is with- out precedent in its atrocious and unchristian character ; and, whereas, the comparative exemption of our own dear Stale from many of the more dire concomitants of war, may have been construed as a cause for our unanimity in sustaining our Government : 1. Therefore, be it enacted by the Legislature of the State of Texas, That now that our presumptuous enemy treads our soil in heavy number and menacing attitude, we bid him a proud and scornful defiance. 2. That we pledge to our sister States, that in this struggle, our authorities and our people will evince a patriotism and endurance as great as the occasion and as prolonged as the conflict. 3. That although as a free people, we have exercised the right of criticism upon the acts of our President and his Cabinet, yet we here record our full confidence in the patriotism and ability of President Davis ; and do furthermore declare, that if remitted now to our option, we would not exchange him lor any citizen of the Confederacy, as the pilot to carry us through the present stormy struggle for liberty as a people, and for independence as a nation. Approved December 16th, 1863. INDEX TO THE GENERAL LAWS. ADMINISTRATORS. ALIEN ENEMIES? " re " f rr ° I,ert * * public ai,ctl,,n M Stay law not to effect debts due by a APPROPRIATIONS. * " Contingent expenses, Tenth Legislature g Mileage and per diem, Tenth Legislature !.....!.. 7 To supply deficits in appropriations for Frontier Regiment If! lor support of Frontier Regiment ir, For auditing claims of the State agaiust the Confederate States lr, For hospital fund 21 For support of families and dependents of Texian soldiers 21 !■ or re-covering public buildings 2ft For protection of the frontier for 1864 and 1865 H4 asyi w* sTvr£ P ° rt ° f the State Government for 1864 and I860 .'.'.'.'.'. 4.0 Punishing persons removing or destroying timber, ,vc, belonfffne thereto n ASYLUMS, LUNATIC, See *' Lunatic Asylum." ATTACHMENTS, Writs of. to issue in certain cases, notwithstanding Stay laws. ... ft Former law amended 77 ATTORNEYS, DISTRICT, To report to Comptroller the condition of suits brought against defaulters 7 B BAIL BONDS, Not to be forfeited in certain cases 10 BEEF CATTLE, Ululating the sale of 30 „~ „ TiiRt of lho!ie pold must be kept, &c 30 BOARD, MILITARY, Reorganized >k BONDS, Suite are in certain rapes suspended. ... ft BONDS OF R. R. COMPANIES, See "Rail Road Companies." RONDS, COTTON, Two millions of dollars to be raised by the sale of, b>r defensive purposes ^ To provide for the payment of 28 BILLS OF EXCHANGE. Collection of suspended 5 54 C CALVES, page. For sale for slaughter must be branded 30 CLEKKS, Salary of Governor's Private Secretary fixed 8 CODE, PENAL, Article 231 amended 12 Treason against the State defined 12 Actual communication with the public enemy not necessary to con- stitute the offence of 12 Meaning of " Overt Act " defined 13 Article 233 amended 13 " Misprision of Treason " defined 13 Not giving information of treason committed, constitutes Misprision of Treason 13 Husband and wife excepted 13 Article 233 a added 13 Definition of an intention to commit treason 13 Article 234 a added 13 Definition of the offence of " Encouraging Treason." 13 Advising one to join the public enemy, or that he owes obedience or duty to the public enemy, punished, and how 13 Writing, printing, or causing to be written or printed, any book, paper, pamphlet, &c, tending to encourage treason, punished, and how 13 Article 780 IS "Conspiracy," defined and punishment therefor affixed 13 Article 412 amended 49 " Gaming," defined and how punished 49 CODE OF CRIMINAL PROCEDURE, Article 960 amended. 36 COMMON CARRIERS, To further define their liabilities 7 COMMISSIONER FOR SALE OF COTTON BONDS, Appointment of 9 Salary of . 9 CONFEDERATE STATES, Act of 1849 to cede jurisdiction in certain cases, amended 4 Claims of the State against, to be audited 16 CONSPIRACY, See " Code, Penal." CONSCRIPTION, Joint Resolution requesting Congress to repeal property exemption, from 50 COTTON BONDS. $2,000,000 to be raised by sale of, for the defense of the State and for purchase of machinery 9 COTTON, To provide for the purchase of, to meet the payment of cotton bonds 29 COUNTIES, Jails of to be used for the custody of deserters, &c 4 COUNTY COURTS, To regulate the pay of Sheriff in certain cases ' 11 71st section of the act of 1848, regulating proceedings therein, amended 12 58th section of same act, amended 14 Amending the law organizing 15 Regular terms thereof to be held, and when 15 To regulate the quality of spirits offered for sale 19 COUNTY BOUNDARIES, To provide for ascertaining conflicts in j > . , 27 COURTS, DISTRICT, Act of 1846, regulating proceedings therein; amended. 10 How and where suits must be brought. .......... a n..i... 10 65 D DEEDS OF TRUST, How affected by Stay Law a DEFAULTERS. STATE, ° District Attorneys to report condition of suits brought against to Comptroller ■ DECEASED PERSONS, ESTATES OF. See " Estates of Deceased Persons." DESERTERS. &c, County Jails to be used for their custody . . 4 Punishment for persons harboring " •),. Punishment for encouraging «, DEFENSE OF THE STATE, 3l Sec " State." DESERTION, To further provide punishment for <. WSLOYALTY. 4s t [fence defined and punishment fixed. . . on IMS \FFECTION TO THE STATE. W Offence defined and punishment fixed 9I . P1STR1CT COURTS, n> Act regulating proceedings therein amended 10 Special terms thereof provided for ' 07 DISTRICT CLERKS, ' May administer oaths on Powers relating to attachments ' ? T DISTILLERIES, Law granting licences therefor, repealed 49 May be declared nuisances <« DOMAIN, PUBLIC, 48 Relief of pre-emption settlers thereon 4 Location, survey and sale of, suspended, except in certain cases'. J5 V KNVOURAGEMENT OF TREASON, See "Code, Penal." ENROLLING OFFICERS. To aid them in discharge of their duties. , H May call on Sheriff. Of the State, how appointed and paid ah ESTATES OF DECEASED PERSONS, Law regulating proceedings in County Courts pertahdng thereto amended 19 Property belonging to, must be rented or hired at public auction !.'. 71st section of the act regulating proceedings pertaining tin amended 12 58th section, same act, amended . n ENEMY, PUBLIC, Person communicating with, punished 21 Punishment for adhcreing to vi W LAW, " Law suspending the operation of, amended 8 < Sertoli) stock may be estrayed Persons who estrayed stock prior to I 83, shall BOW sell. x Persons cstrayiiig shall not bid Regulated in certain counties -\\ FINANCIAL AGENT <>f PENITENTIARY, Bond, how made To employ additional labor lot the PcniteDtian ■ P» M J EAR, PAG £ Providing for defense of . £ Section 1, designates the frontier counties. .. .. U Section 2, divided into three Districts, and of the organization. .... 24 Section 6, one-fourth of men must be in active service continuously. U Section l\ oath required 24 Section 8, pay of officers and privates £J Section 9, Court Martial, how and when convened f* Section 10, Governor to appoint a pay master £> Section 11 , Ammunition, how furnished. ••••••••••• £? Section 12, present regiment turned over to the C. S. service & Disposition regimental property • • - * Section 13, Governor to make necessary regulations for government of the organization • • • • • • • £> Further provisions for defense of other counties, added . Rank of Paymaster FRONTIER REGIMENT, 16 Appropriation for support of , &c « Turned over to C. S. service ."V'A'a'rt i Auditing and settling claims of the State against C. S. Government for defense of G GAMING, , ,, See " Code, Penal. GLOVER, JOHN C, 42 For relief or GUARDIAN^ ^ or h . M property of their ward8 at pu bHc aution 12 H HOSPITAL, . , 21 Appropriation tor HUSBAND, n ^ ^ . nfoim Qf an intenti0Q of Wa wife to commit treason, fto. . . . I INJUNCTION^ of D . 8trict Court may bear motions for disao iution of, and ^ when <■ INTEREST ON R- R. BONDS, See " R. R- Companies." IR ° N ' Military Board to provide for the manufacture of J JAILS ' C ° U u 9 eIfor custody of deserters, &e * JUDGES, DIS TRICT, pec . ai ^ of ^ fof crimjnal ^ &c JURISDICTION, (Confedera(eStates „ L LAND ' Donated to persons erecting manufactures, &c j For relief of owners of when sold for taxes LANDS, UNIVERSITY, See " University Lands." LEGISLATURE, " ,. See "Secretary of State." LEGISLATURE v nTH, for ^ ^^ of memberi to , in countie * occupied by ^ the public enemy LEGAL NOTICES, . . d 1 Act regulating 57 LIBRARY, STATE, Secretary of State to have control of * jjj Income tax upon sale of ,,. LUNATIC ASYLUM, 1G Act organizing, amended 4 o M MACHINERY. MANUF VC iTKFS *" Pm " Chaae ° f *? be ra f 8ed b - v Bal « of "»<*<"> lu.nds !> Land donated to persona erectiuer <>o MFLITIA, " See " State Troops." MILITARY BOARD, Reorganized ,,f To provide for manufacture of spinning jinnies o To provide for the manfacture of iron. MILITARY DISTRICTS, : b Frontier counties divided into. . . . .,. State brigaded ' :/. MILITARY DUTY, ' ' Punishment for refusing to perform is MISPRISION^F h T n REAS ON nOOUraging ^^ '" "^ *° ^«™» ••'••• •'■'•'• « See ■• ('ode. Penal." MORTGAGES, Eflfecl of Stay Law on r MOTHER, * ° Not guilty for shielding a deserter i;; X NOTICE. LEGAL, Publication of regulated NUI8ANCES, Distilleries may be declared OFFICERS, s.e •• Enrolling Officers." OFFICERS, STATE, Termination of Oscal year ^ OFFICERS, NON-COMMISSIONED, Requesting Congress to increase the wages of. . . 5] P PENAL com:. See " Code." PENITENTIARY, Employment of additional labor tin rein 6 1 '.ond of Financial Agent .. i Manner of paying offloers of '.'.' PENSIONERS, Appropriations for ls percussion caps, State Quarteraaator to dispose of a certain amoanl li Joint Resolution concerning 59 •BIVATES, Joint Resolution requesting Congress to inert .of ',l Collection of suspended, s TiU.lc BUH.DINGS, < lertain ones to be r< Flil.U' DOMAIN, Por relief of settlers thereon,. 4 Location, survey and sale < ■ptincertaii 16 E 58 PUBLIC PRINTING, page. Joint Resolution relating to, 52 Q QUARTER MASTER, STATE. To dispose of certain caps, 14 R RAILROAD COMPANIES, Comptroller to receive interest due on their Bonds, 37 RECOGNIZANCES, &c. Not forfeited in ce"tain cases, 10 RENEGADES. Liabilities hot affected by Staw Law, 27 s SECRETARY OF STATE, Act of 1849: defining the duties of, amended, 14 SEDITION 1 , Act defining and punishing amended, 20 SEQUESTRATION, Writs of to issue in certain cases 6 SETTLERS' PRE-EMPTION, For the relief of, 4 SHERIFFS, Compensation of, for employing guards, 36 County Courts to regulate the pay of, in certain cases, 11 Enrolling I Ifficers may call on them for assistance, 11 Punishment for refusing assistance, 11 Enrolling Officers 11 Compensation for employing guards, 36 SOLDIERS, Providing for the support of families and dependents of, 21 Former laws providing for the support of families and dependents of, amended 28 Joint Resolution of thanks to 51 SPECULATION, Act to prevent speculation, of 1862, amended 3 SP1NINNC JENNIES, Manufacture of provided for, 8 STAY LAW, I V-eiiacied, 5 Supplemented and amended, 26 STATE, To provide for defence of, 44 Section !. Governor to continue Militia in the field, 44 ection 2. Militia now in the field to be enrolled 44 Section 3. At the expiration of the time of service of the active Militia a re-organi^ation t<> be had, 44 Sections 1 .. 5. < Jlassification of 44 stion (i. Punishment for persons refusing to perform duty S ction 7. Transferable to the Confederate service, and how 45 Section 8. Providing for the pay of 45 sction 9. Disbanding does not di stroy the organization of, -15 i i ;. Persons having substitutes liable, when and how, 45 STATE TROOPS, Si ■■ion 1. Who is exempt, 46 Secfltio . '.'-. Military division of the State *6 Section 3. Appointment of General and Staff Officers, 46 Section 4. How ordered into active seryu e, 47 Draft, how made,. +7 Section 5. Organization and turning over of the di ailed men, 47 Section 6. Present Brigadier-Gene rate superceded, 47 Section 7. Appointment and < m ati irgeons 4/ d i 8 Refusing to perform duty eqniy&tetiti'to desertion, Section !). Drill suspended— Enrolling Officers 48 59 STATE TROOPS, Section LO, Volunteer Exempt Companies encouraged PAQ « DistoiSt,.™ d b6y0Dd , '"' ,mii, *' ( ' , '<^ RrigauY Persons heretofore 'exempted to be re-examined!: £ grjixg nln, ^solution concerning pay of BUNDAT ! " Di8tric ' ' "" rt - where ( " '"' instituted 10 SUGAR p L ffi n A TlONsf tted ° nP,mi8hed • - M SUPREME COURT?* **" *"***' ^ ^ Certain '' ; ' s " s M l District to hold its Bpringtermal Lustin or else- 4 T TAXES, lacome Taxes levied upon | Distilled Spirits, Ac m Confederate Trei lard of valuation, JS lofdiers,. 01 ! , ed . " ie BttpP ° rt ° f , ' ,n,ilil ' s a *"' ^pendente or the relief of the owners of 'Land* sold for', $£ General Revenue Act.. X HIEASON, 58 " Code, Penal." D rxivmsm lands, >' irther relief of purchasers <>f. 36 VENDITIONI EXPONAS, 81 iv Law." W Wards, "Guardians." WAP. Tin: ' Resolution relating to n <>i' Don-commissioned officers and privates requet 1. dtobi - rrea ? ed. 51 Nol to report intention or husband to commit treason, Ac u Ljjj 'ty when shielding deserter, and when .....'.'.'.'. 81 levit (l up. n, lf