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GENERAL LAWS 
 
 OF tut: 
 
 EIGHTH LEGISLATURE 
 
 OF THE 
 
 STATE OF TEXAS. 
 
 BY AUTHORITY, 
 
 AUSTIN : 
 
 PR1HTED it JOHN MARSHALL 4 CO., 8TATK lillNTEH?. 
 
 1860. 
 
XERAL LAWS. 
 
 CHAPTER 1, 
 
 ! A ACT Making an Appropriation far the mileage and per 
 diem pay of ' mbers and 0, f the Eiglvth Legisla- 
 
 tor 
 
 Section 1. Be it enacted by tic Legislature ef the State of 
 is, That the sum of one hundred and ten thousand dollar's, 
 be, and the same is hereby appropriated out of any money in 
 the Treasury not otherwise appropriated, tor the mileage and 
 pet diem pay of tin 1 members and the per diem pay of the offi- 
 cers of the eighth Legislature of the State of Texas, ami the 
 certificate of the Secretary of the Senate and the Chief Clerk of 
 House of Representatives shall lie authority for the Comp- 
 troller to draw his warrant on the Treasurer for the several 
 amounts that the members and officers are respectively entitled to. 
 
 Sec. 2. That this Act take effect and be in force from ami 
 after its passage. 
 
 Approved Nov, 21st, 1859s 
 
 CHAPTER 2. 
 
 AN ACT to regulate the Public Printing. 
 
 Section 1. By it enacted ?>>/ tht Legislature of tic State of 
 Texas, That from and after the first day of June, one thousand 
 
eight hundred and sixty-one. the Public Printing for the Stafi 
 of Texas shdl Ikj let out to*the lowest bidder in the manner 
 hereafter directed. 
 
 Sec. 2. It shall be the duty of the Secretary of State, Trea- 
 surer and Comptroller, or a majority of them, on or before the 
 first day ot Jutte, eighteen hundred and sixty-one, and thereafter 
 on the first day of June next preecdmg every regular session of 
 the Legislature, to advertise that sealed proposals will be received 
 at the office of the Secretary of State, for two months after said 
 advertisement^ to print the Laws and Journals of the Legisla- 
 ture, the Biennial Message of the Governor, the Reports of the 
 Secretary of State, Attorney General, Comptroller of Public 
 Accounts, Treasurer of the State, Commissioner of the General 
 Land Office, Commissioner of Claims, Superintendent, Financial 
 Agent and Physician of the State Penitentiary, Trustees and 
 Superintendent of the Lunatic Asylum, and of the Institution 
 for the education of the Blind and the Deaf and Dumb, and 
 such other reports and printing of every kind as may be ordered 
 by the Legislature, or either House thereof, for and during the 
 term of two years. 
 
 Sec. 3. The said proposals shall state at what price per page, 
 the party making the proposals will piint the number of copies 
 required by law of said Laws and Journals, and of each of said 
 Reports ; and also provide all the materials therefor, fold, stiteh,. 
 ami trim them ; also at what- price per page the party will print 
 one hundred copies of all such other reports and documents as 
 may be ordered by the Legislature, or either House thereof, and 
 furnish all the materials therefor, and fold, stitch, and trim them ;' 
 and at what price per page the party will lmnish each additional 
 hundredcopi.es of such reports t at may be ordered ; and at 
 what price per page the party will furnish one hundred copies of 
 any Bill or Resolution printed on pica type, the lines numbered 
 on the margin with a space between the lines of the size of pica 
 and on foolscap paper, with four pages to a sheet, that may be 
 ordered by the Legislature or either House tl ereof ; and at what 
 price per page the party will furnish each additional hundred 
 copies that may be ordered of any such Bill or Resolution. 
 
 Sec. 4. Such proposals shall be accompanied by an offer in 
 writing, of two or more responsible persons, to become the secu- 
 rity of the" party proposing, for the faithful performance of his 
 duty, in case the contract shall be awarded to him. 
 
 Sec. 5. At the expiration of the time for receiving such 
 proposals, it sba.ll be the duty of the Secretary of State, Trea- 
 surer and Comptroller, or a majority of them, "to open and. record 
 
them in a book to 1> ■ kept for that purpose, and they shall imme- 
 diately thereafter award the contract to the party whoso propo- 
 sals arc the lowest for the entire work, if the security tendered 
 by him is • nffici nit. But if the security tendered by the lowest 
 bidder is insufficient, or no security is tende<ed by him, then the 
 contract shall be awarded to the lowest bidder who shall have 
 tendered sufii sient security, provided the Secretary of State, 
 Treasurer and Comptroller, or a majority of them, shall consider 
 said bid reasonable for the State. 
 
 Sec. 6. The party or parties to whom such contract may be 
 awarded, shall within twenty days after such award, enter into 
 boud with two or more securities, to be approved by the Secre- 
 tary ot State, Treasurer and Comptroller, or a majority of them, 
 in the sum oi ten thousand dollars, payable to the State of 
 Texas, conditioned for the faithful performance of the work in 
 accordance with the proposals, and in the time and manner pre- 
 scribed by law. 
 
 Sec. 7. The whole number of the laws and journals shall 
 livered at the office of the Secretary of State ; the laws 
 within thirty and the journals within sixty days after the last 
 copy shall have been d slivered to this contractor, and no extra 
 allowance or payment shall bu made to the contractor for any 
 figure work, or rule and figure work, minted under the provisions 
 or this act, unless the same is stipulated for in the proposals to 
 do the printing. 
 
 Sec. 8. The laws and journals and all reports and documents 
 shall be printed on small pica type, the page to be forty-four 
 lines long, exclusive of the folio, and twenty-seven ems wide 
 without side notes. The paper shall be of a quality equal to 
 the best upon which the laws of any session oi the Legislature 
 have at any time heretofore been printed, 
 
 Sec. !». There shall be printed five thousand copies of the 
 »aws of a general nature, and eight hundred copies of all acts for 
 private relief, and all acts incorporating towns, cities, or institu- 
 tions of learning and private associations of evevy nature that 
 may be passed at each session of the Legislature, and five hun- 
 dred of the journals of' each House of the Legislature. 
 
 Sec. 10. There shall' be printed such number of copies as 
 are now, or may hereafter be required by law to be printed, of 
 the reports of all public officers and institutions that are required 
 to re-port to the (I >vernor, or the Legislature, and all such reports 
 as are furnished to the contractor one month before the meeting 
 of the L sgislature shall be by him delivered to the Secretary of 
 State during the first week oi' the session : aU that are furnished 
 
less than one month before the session of the Legislature, or 
 during the session thereof, shall "be delivered to the Secretary of 
 State within one month after they are so furnished. 
 
 Sec. 11. The Secretary of the Senate and the Chief Cleric 
 of the House of. Representatives shall cause the journals of their 
 respective Houses to be furnished to the contractor from day to 
 day after they shall have been approved, for the purpose of being 
 printed, and when printed the manuscript journals shall be 
 returned and filed with the archives of the Legislature. 
 
 Sec. 12. The Secretary ot State shall cause copies of all 
 laws and joint resolutions to be delivered to the contractor as 
 early as possible after they shall severally have been approved or 
 passed, and when printed he shall compare them with the origi- 
 nal and certify that they are true copies of the original in his 
 office. He shall also append a certificate to them, stating what 
 day the Legislature adjourned. 
 
 Sec. 13. The Secretary of State shall number all the acts 
 and joint resolutions,, and keep a register thereof, and cause them 
 to be printed in the order in which they were approved or passed. 
 He shall also prepare and have printed with them a minute and 
 comprehensive index. 
 
 Sec. 14. On the first day of June, one thousand eight hun- 
 dred an 1 sixt)-one, and every two years thereafter, each public 
 officer at the seat of Government shall advertise for sealed pro- 
 posals to do the job printing of his office, and furnish all fthe 
 materials therefor for the term of two years — which proposals 
 shall be received for two mouths, at the end of which time they 
 shall be opened and recorded, and the contract shall be awarded 
 in the same manner as hereinbefore provided for other public 
 printing. The party to whom any such contract may be awarded 
 shall give bond and security in a sum equal to the estimate 
 amount of printing to be done under the contract, conditioned 
 for the faithful performance thereof. 
 
 Sec. 15. That immediately after the taking effect of this 
 act, it shall be the duty of the Secretary of State, Treasurer 
 and Comptroller, or a majority of them, to advertise that sealed 
 proposals will be received at the office of the Secretary of State 
 for fifteen days after the commencement of such advertisement, 
 to do the printing of the laws and journals of the present or 
 eighth Legislature, and all of the public printing until the first 
 day of August, one thousand eight hundred and sixty-one, in, 
 like manner as is provided in the preceding sections of this act. 
 The proposals made for such work shall be in accordance with 
 the third and fourth sections of this act, and at the expiration 
 
if the time for receiving such proposals the same shall be opened 
 and recorded and the contract for the work awarded as is provi- 
 ded in section fifth of this act, and within five days after such 
 award, the party oi parties to whom such contract is awarded 
 shall give b >nd and security in the amount, and as is provided 
 in section sixth of this act. The matter to he printed shall be 
 fu-nished to such contractors and shall he by him printed in all 
 respects in strict accordance with the preceding provisions of 
 this act. and shall he in numlter. quantity and quality, as in 
 this act before provided. The Secretary of State shall compare 
 the laws and joint resolutions printed under such contract with 
 the originals, and certify that they are true copies of the origi- 
 nals in his ofhee. He shall also append to them a certificate 
 stating what day the Legislature adjourned, and shall number 
 all the acts and j nut resolutions and keep a register thereof, and 
 cause them to be printed in the order in which t. ey were approved 
 or passed, and he shall also furnish and have printed with them 
 a minute and comprehensive index. 
 
 Six 1 . l;j. Upon the receipt by the printing contractor from 
 the Secretary of State of the eopy of any law of a general 
 nature intended to he printed under the provisions of this act. 
 it shall he the duty oi' the contractor immediately to publish 
 such law in one issue of a weekly newspaper to he published by 
 him. The proof of each law so published shall be examined by 
 the Secretary of State, or under his directions, and the newspa- 
 per publications of such laws so made, may he used in all courts 
 and places as evidence of such laws until six months after the 
 i lose of the session of the Legislature at which such laws were 
 - nacted. Such newspaper publication of laws shall he made by 
 the contractor under the provisions of his contract, and without 
 charge or expense to the State therefor. 
 
 Sec. 17. That no hid shall he accepted by the Secretary of 
 State for the public printing exceeding the rate of one-sixth of 
 ;: cent per page tor the laws, and one-fourth of a cent per page 
 for the journals ; one-third of a cent per page for five hundred 
 < opies of the Message o\' the Governor, reports of the Secretary 
 "1' State. Comptroller of Public Accounts, Auditor, Treasurer 
 of the Siato. Superintendent of the Penitentiary, and all such 
 like printing that may he ordered hy the Legislature or either 
 House thereof, to he printed on the same size sheet and type 
 as is required for the Journals; and one-fourth of a cent per 
 page for each additional live hundred copies of said Message and 
 other documents: for printing two hundred copies of hills, reso- 
 lutions or memorials, printed on pica type, the lines numbered 
 
8 
 
 on the margin, with, a space between the lines of the size of pica, 
 and on foolscap paper with four pages to a sheet, the sum . of 
 two dollars and fifty cents per page for the number of pages 
 in one copy thereof; for printing Executive Proclamations, 
 advertisements and such like documents, fifty cents per square of 
 ten lines for the first insertion and twenty-five cents per square 
 for each succeeding insertion that may be ordered ; for the print- 
 ing of proclamations and proposed amendments to the Constitu- 
 tion, the sum of fifty cents per square for each insertion, and 
 such publications shall not be inserted in any type larger than 
 bourgeois, and each square shall contain not less than two hun- 
 dred ems. 
 
 Sec. 18. This act shall be in force from and after its passage, 
 and an act entitled "an act regulating the public printing," 
 approved March eighth, eighteen hundred and forty-eight, and 
 " an act to amend said act," approved December twenty-seventh, 
 eighteen hundred and fifty-one, are hereby repealed. 
 
 Approved Nov. 22, 1859. 
 
 CHAPTER 3. 
 
 AN ACT to amend an act supplefn'entdl to an act to authorize 
 the location, sale and settlement of the Mississippi and Pacific 
 Railroad Reserve, approved November 28th, 1857. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 T.:xas, That all settlers within the Mississippi and Pacific Rail- 
 road Reserve who were required by the act of November 28th, 
 1857, to pay for their claims, not exceeding one hundred and 
 sixty (160) acres, by the 1st day of October, A. D. 1859, and 
 who have failed to pay the same, but in other respects complied 
 with the requirements of said law, shall have until the first day 
 of January, A. D. 1861, to make payment of said money for 
 their claims. 
 
 Sec. 2. That all laws and parts of laws conflicting with this 
 are hereby repealed, and this act shall take effect and be in force 
 from and after its passage. 
 
 Approved Nov. 22nd, 1859. 
 
CHAPTER 4. 
 
 AN ACT appropriating ten thousand dollars, or so much thereof 
 as may be&ecessary, to enable the Governor to offer rewards 
 for fugitives from justice 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the sum of ten thousand dollars, or so much thereof 
 as may be necessary, be, and the same is hereby appropriated 
 for tlir purpose of enabling the Governor <>f tin.' State of Texas 
 to offer rewards for the apprehensioa of fugitives from justice, 
 to be paid out of any money remaining in the Treasury not 
 otherwise appropriated. 
 
 Sec. 2. That this act take effect ami be in force from and 
 after its passage. 
 
 Approved Nov. 28th, 1S59. 
 
 CfiAFTEB :>. 
 
 AN ACT supplementary t<> an act appropriating one hundred 
 oud ten. thousand dollars, or so much tin reef as may be rn c< s- 
 sary, for the mileage end per d'o m pay of the Mi mbers and 
 the per diem pay of the Officers of the eighth Legislature. 
 
 Section 1. Be it enactedby the Legislature of the Stab 
 Texas, That fifteen thousand dollars, or so much thereof as may 
 
 he necessary, be, and the same is hereby set apart and appro- 
 priated out of the money heretofore appropriated by the above 
 entitled act, passed at. the present Legislature, to pay the con- 
 tingent expenses ot the present, eighth Legislature. Provided, 
 that no money shall be drawn from the Treasury under the pro- 
 visions of this act, unless the claim shall first have been exam- 
 ined and allowed by tiie Committee on Contingent Expenses. 
 And that this act shall take effect and be in force from and after 
 its passage. 
 
 Approved December S, 18j9. 
 
10 
 
 CHAPTER G. 
 
 AN ACT to provide for a special election of a Senator in the 
 eighth Senatorial District, composed of the County of Har- 
 rison, to fill the vacancy occasioned by the resignation of the 
 Hon. Louis T. Wigfall 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That a special election shall be held tor a Senator in the 
 eighth Senatorial District, composed of the County of Harrison, 
 after eight days notice shall have been given of the time of 
 holding such election, to fill the vacancy occasioned by the resig- 
 nation of the Hon. Louis T. Wigfall. 
 
 Sec. 2. That the presiding officers of the several election 
 precincts in said district shall make the returns of said election 
 to the Chief Justice of said county within three days after such 
 election, and said Chief Justice shall within live days alter said 
 election open and count the returns, and give a certificate of 
 election to the person who shall have received the highest vote. 
 
 S;-:c. 3. That the Governor is hereby required to immediately 
 order an election in accordance with the provisions of this art, 
 and this act shall take effect and be in force from and alter its 
 passage. 
 
 Approved December 10, 1859. 
 
 CHAPTER 7. 
 
 AX ACT to provide for patenting head rigid certificates not 
 ■presented to the Court of Claims for approval within tin time 
 prescribed by law, and for issuing duplicate headrights and 
 unloccd'al balance certificates. 
 
 Section 1. Be it enacted, by the Legislature of the State of 
 Texas, That all genuine headright certificates or genuine Toby 
 or Bryan scrip, and all genuine certificates of any District or 
 Supreme Court of this State, establishing headrights that have 
 been legally issued and properly reported to the proper officers, 
 that have not been presented to the Court of Claims within the 
 time prescribed by law, shall be recognized and patented the 
 same as though they had been presented and approved by the 
 
11 
 
 Commissioner of Claims. He may also patent in the same man- 
 ner all certificates ov warrants issued by the Commissioner of 
 Claims or Comptroller actiifg Commissioner of Claims but 
 should any fraudulent certificate for land by accident, inadver- 
 tance or design, be perfected info patent under this act, 
 patent shall be void and no title shall vest. 
 
 Sec. 2. That from and after the passage df this art, it shall 
 be the duty of the Commissioner of the General Land Office to 
 issue all duplicate headright land certificates authorized by law, 
 previous to the 26th of August, 1856 ; and also to issue all cer- 
 tificates of unlocated balance, when from the records of his o 
 ill' same may be due upon any genuine and valid certiorate en 
 file therein. 
 
 Sec. 3. The Comptroller is required to turn over to the 
 Commissioner of the General Laud Office all papers or archives 
 that may he necessary fco enable him to carry out the provisions 
 of this act. that were heretofore in possession of the Commis- 
 sioner of Claims : and that this aet take effect and he in force 
 from its paS8age. 
 
 Approved December 15th, 1869. 
 
 CHAPTER S. 
 
 AN ACT to provide payment for printing the proclamation 
 <;/' the Governor. 
 
 Section 1. Be it enacted by i'i< Legislature of the Stab 
 
 7' as, That two thousand dollars, or so much thereof as may be 
 necessary, be, and the same is hereby appropriated to pay for 
 printing the proclamation of the Governor ordering the vote in 
 August last, <>n the proposed amendment to the Constitution ; 
 and also for the publication pf all other proclamations of the 
 Governor, hitherto made and unpaid for. and the same shall he 
 paid on the certificate of the Secretary of State and Comptroller. 
 
 Sbc. 2. That this aet take effect from its passage. 
 
 Approved Decembe? Hi, 1859. 
 
12 
 
 CHAPTER 9. 
 
 AN ACT regulating Public Sales in the County of Bastrop. 
 
 WvHESEAS, the court house in the town an 1 County of Bastrop, 
 is so remote from the business part of said town that adver- 
 tisements posted and s lies made at the court house are not as 
 well noticed or attended as is consistent with public or private 
 interest, therefore : 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That from and after the passage of this act, the Sheriffs, 
 Constables, Trustees, persons selling estray property, and all 
 other persons authorized and required by law to advertise and 
 sell property at the court house in said county, shall be required 
 to advertise and sell the same at the store house known as the 
 house now occupied by J. M. Finney & Co., on the east side of 
 Main street, and at the corner of Main and Cherry streets in the 
 town of Bastrop, and that sal<>s made at and in front of said 
 house shall be as binding as if made at the court house ; and 
 that a copy of the advertisement of all public sales made in t\ic, 
 eounty shall be posted at the place of sale, and also at the court 
 house door, the time required by the laws heretofore in force ; 
 and that all laws and [tarts of laws contrary to this act regula- 
 ting public sales, or so much thereof as relates to public sales 
 in Bastrop County, lie, and the some are hereby repealed. 
 
 Sec. :i. That this act take effect and be in force from and 
 after its passage. 
 
 Approved Dec. 16, 18.39. 
 
 CHAPTER 10. 
 
 AN ACT to change the time of holding the District Courts in 
 the sixth Judicial District. 
 
 Section 1. Be it enacted by the, Legislature of the State of 
 Texas, That the District Courts of the sixth Judicial District 
 shall hereafter be held as follows ; viz : 
 
 In the county of Rusk, on the second Mondays of February 
 
 d August, and may continue in session live weeks. 
 
 In the count}' of Harrison, on the fifth Mondays after the 
 
 an 
 
13 
 
 ond Mondays in February and August, and may continue ifl 
 session six weeks. 
 
 In the county of Upshur, on the eleventh Mondays after the 
 second Mondays in February and August, and may continue in 
 session three weeks. 
 
 In the county of Wood, on the fourteenth Mondays after the 
 second Mondays in February* and August, ant nny continue in 
 session two weeks. 
 
 In the county of Panola, on the sixteenth Mondays after thi 
 second Mondays in February and August, and may continue in 
 session until the business is dispi s d ^\\ 
 
 Sec, -. That all writs, bonds, recognisances, and process 
 nil kinds already issued, taken, or made reuunahle to (he times 
 heretofore appointed for the terms of the said courts, shall he con- 
 sidered anil taken as made for the terms herein provided fur said 
 courts. 
 
 Sec. 3. That this take effect and he in force from and after 
 its passage, and that all laws conflicting with this act, be, and 
 the same are hereby repealed. 
 
 Approved 30 December! 1S~>9. 
 
 CHAPTEK 11. 
 AN ACT for the Protection of the frontier, 
 
 Whereas, a state of hostilities exists between the people of the 
 State of Texas and various Indian tribes who inhabit the un- 
 settled portions of the State and adjacent territory — hands of 
 said Indians having at various times within the last three 
 years invaded our settlements, murdered our people, and 
 carried off or destroyed their property, so that the frontier set- 
 tlements arc receding before the i.waders, anil our frontier 
 counties in danger of depopulation i 
 
 And whereas, the* .Federal Government, whose duty it is pri- 
 marily to protect the State from such hostilities, lias not etii-* 
 ciently alforded such protection : 
 
 And whercas\ we are continually in such iminent danger of 
 being invaded by said hostile Indian tribes, as will not admit 
 of delay : Thcref 
 
14 
 
 Section 1. Be It enacted by the Legislature of the State of 
 Texas, That the Governor of the State be, and he is hereby au- 
 thorized to raise ami muster into the service of the State, a 
 regiment ot mounted men, if so many be necessary, consisting 
 of ten companies, or such smaller number as he shall deem suf- 
 ficient to afford efficient protection to the entire frontier ; and 
 one-half of said force, at least, shall be immediately, upon their 
 organization, placed on the frontier, in such manner as to act as 
 spies and minute men, for the protection and defense of the 
 settlements, as the Governor may think proper. Each company 
 shall be composed of eighty-three men, rank and file, to be^en- 
 iisted for the term of twelve months, unless sooner dischargi d ; 
 to be re-enlisted for another term of twelve months, or others 
 taken in their place, at the expiration of the first term of 
 vice. The officers of each company to be elected by the men 
 composing the same. 
 
 Sec. 2. For the command of the whole of said force the 
 members shall elect a Colonel, a Lint. Colonel and a Major : and 
 each company shall have one Captain, i'inr Lieutenants, four 
 Sergeants and four Corporals, and one Surgeon ; and there shall 
 be selected from each company one of the Lieutenants, to act as 
 Quartermaster and Commissary for said company, with the rank 
 of Second Lieutenant ; and when two or more companies are acting 
 together, said Lieutenants shall be acting as the commanding 
 officers may direct, as Qartermastcrs, or Commissaries, or Adju- 
 tants ; and there shall also be appointed, from among the men, 
 such non-commissioned stall' as may be llesessary. 
 
 Sec. 3. Said officers and men shall provide themselves with 
 arms, horses, and all accoutrements and camp equipage : and 
 shall be furnished at the expense of the State in provisions, am- 
 unitions, medicines, and forage for horses when practicable ; and 
 shall receive for their services the following sums : The Colonel, 
 one hundred and eighty dollars per month ; the Lieutenant Colo- 
 nel, one hundred and fifty dollars per month; the Major, one 
 hundred and twenty-live dollars per month ; the Captains one 
 hundred dollars per month ; the First Lieutenants, seventy-rive 
 dollars per month ; the Second Lieutenants, sixty dollars per 
 month ; Sergeants, four dollars per month in addition te pay of 
 privates ; and Corporals three dollars per nfonth in addition 
 to pay of privates ; and privates shall receive twenty-live dollars 
 per month ; and commissioned staff officers shall be allowed 
 twenty dollars per month extra to the pay of their rank, and non- 
 commissioned staff officers eight dollars per month in addition to 
 the pay of privates ; the Surgeon shall be entitled to one hun- 
 
15 
 
 drod and twenty dollars per month. -and shall furnish his instru- 
 ments, but be furnished with medicines; 
 
 Sec. 4. The said force shall be employed in ranging and 
 scouting on the frontier, from the most eligible point on the Rio 
 Grande to Red River : and their operations Bhall be entirely under 
 the control <>f the Governor, who shall appoint their proper pla- 
 ces of rendezvous, and deposit, and direct nil arrangements necessa- 
 ry to carry out the intention of this act ; and said force shall he 
 subject to the rules and regulations of the army of the United 
 Stales ; and when in the opinion of the Govern >r, their further 
 services are noi necessary, may he reduced or disbanded, or if 
 provisions shall he made by the Government oJ the United 
 States to aeeept the said force, in the whole or in part, for the 
 protection of the frontier of Texas, it shall be turned over for 
 that purpose; 
 
 SBC. 5. That this force shall he raised in guch manner as tin 
 Governor may direct, from any portion of the State ; and, when 
 mustered into service, shall take sueh position en the frontier a-- 
 they Bhall he ordered by the Governor, and shall operate during 
 the time they are in the service of the State under the orders oi 
 the Governor. 
 
 Sec. (>. That this aid. take effect from its passaj 
 
 Approved January 2d, 1SG0. 
 
 CHAPTER 12. 
 
 AN ACT to amend the 4&h section of "An Act allowing dis- 
 count* and set off" passed 5th February, 1850. 
 
 Section 1 Be it exacted by the Legislature of the State of 
 Texas, That section 4th of the Act of February 6th, 1840, en- 
 titled "An Act allowing discounts and set off/' is hereby amend- 
 ed so as to read as follows : 
 
 Whereas, any plaintiff may institute his suit for, and establish 
 ;t demand in any Court having jurisdiction of the same, and his 
 claims be reduced! by set off to an amount not within the juris- 
 diction of the Court, judgement still shall be given for the 
 amount due the plaintiff, and for costs of suit; should the set 
 offol the defendant exceed the amount established by the plain- 
 
16 
 
 tiff, then judgement shall be given in favor of the defendant for 
 the amount that tlis claim may exceed that of the plaintiff, and 
 in ci.se the defendant acquired such set off before the commence- 
 ment of the suit, he shall recover the costs of suit, otherwise the 
 plaintiff shall have judgement for costs of suit ; but should the 
 claim of the plaintiff be reduced to a sum not within the juris- 
 diction of the Court by payment, then judgement shall be giren 
 in favor of the plaintiff, for the balance due ; but the defendant 
 shall recover the costs of the suit ; and when the defendant may 
 have a claim against the plaintiff, similar in its nature (but they 
 need not be of the same degree) to that of the plaintiff, he shall 
 be permitted to file in his answer a plea of reconvention; setting 
 forth the amount due him, and judgement shall be given in fa- 
 vor of that party who may establish the largest claim, for the 
 excess of his claim over that of his opponent, and for costs. 
 Approved January 2d, 1860. 
 
 CHAPTER 13. 
 
 AN ACT to create the twentieth Judicial District cfthe Stale 
 cf Texas 
 
 Section 1. Be it enacted hy the Legislature of the State of 
 
 Texas, That a new Judicial District, to be styled the Twentieth 
 Judicial District of the State of Texas, is hereby formed, and 
 that said district shall be composed of the counties of Collin, 
 Denton Wise, Jack, Young, Throckmorton, Archer, Clay, 
 Montague, Cooke and Grayson, 
 
 Sec. :i. The District Courts shall be held in the twentieth 
 Judici, District, twice in each year, as follows : In the coun- 
 ty of Collincommenci ng on the second Monday in March, and 
 September, and may continue in session three weeks : In the 
 county of Denton, on the third Monday after the second Mon- 
 day in March and September, and may continue in session two 
 weeks : In the county of Wise, on the fifth Monday after the 
 second Mondayin March and September, and may continue in 
 session one week : In the county of Jack, on the sixth Monday 
 after the second M onday in March and September, and may con- 
 tinue in session one week : In the county of Young, on the sev- 
 
17 
 
 Glith Monday after the second Monday in March and September, 
 and may continue in session one week : In the county ofThrock- 
 niorton, on the eighth Monday after the second Monday in 
 Marchand September, and may continue in session one week : 
 In the county of Archers on the ninth Monday after tb 
 Monday in March and September, and may continue in session 
 one week : In the county of ( May, on the tenth Monday after the 
 id Monday/in Marchand September, and may continue in 
 Bession one week : [h the county of Montague, on the eleventh 
 Monday after the secon 1 Monday in March and September, and 
 may continue in session one week : [n the county of Cooke, on 
 the twelfth Monday after the second Monday in Marchand Sep- 
 tember, and may continue in session two weeks: In the county 
 rayson, on the fourteenth Monday after the second Monday 
 in March and September, and may continue in session until the 
 business of the Term is disposed of. 
 
 Sbo. 3. That the county o{' Wichita he, and the same is 
 hereby attached to the county of Clay, for Judicial purpos 
 
 Sec. 4. That all writs and other process of every kind, that 
 may be issued from the District Courts of tin 1 counties named in 
 this Act. after tin 1 eommeneem nt of the next Terms of the 
 Courts of the several counties respectively, shall he returnable to 
 the Terms of said Courts, as established by this act, and all 
 writs and process that may he issued before the commencement 
 of the next Term oi said District Court in any of said counties, 
 shall he returnable to the Terms o\' said Courts, as now estab- 
 lished, and all cases of appeals or writs of error from tin 1 decis- 
 ions of the District Courts of i his District, shall be returnable to 
 the branch of the Supreme Court of the City of Austin. 
 
 Sec. 5. That the Governor he, and he is hereby required to 
 order an election to he held in said District, mi the first Monday 
 in .di\, next, for the election of a District Judge and District 
 Att irney, and that said election he conducted, in all respects, 
 ding to the general law regulating the election oi' such of- 
 m-i -. 
 
 8 A That all laws and parts of laws contravening the 
 
 -ions of this act. be and the same are hereby repealed — 
 
 nevertheless, the .Indue of the sixteenth Judicial District shall 
 
 he required to hold the Bpring and summer terms of the Courts 
 
 for th ! \ear I860, in all the counties which composed said six- 
 
 ii Judicial District previous to the passage ^i' this act, the 
 
 same as if this act had not passed. 
 
 roved January 2d, 1860. 
 
 B 
 
18 
 
 CHAPTER 14. 
 
 AN ACT to repeal "An Act creating a system of Bankru} 
 and regulating Lite collection of foreign debts." 
 
 Section 1. Be it enacted by the Legislature of the State of Tt x- 
 «s,That •' An Act creating a sys'em of Bankruptcy, and regu- 
 lating the collection of foreign debts," approved January 19th, 
 
 IS 11, be, and the same is hereby repealed. 
 Approved January 2d, 1860. 
 
 CHAPTER 15. 
 
 AN ACT to make an appropriation jor furnishing the Gova r- 
 
 nor's Mansion, 
 
 Section JL Be it enacted byth&Legish ' the Stat 
 
 Texas, That the sum of fifteen hundred dollars, or as much 
 thereof as may be necessary, be and tin hereby appropri- 
 
 ated, out of any money not otherwise appropriated, to be expi nd- 
 ed under the direction of the joint committee on Public Grounds 
 and Public Buildings, for furnishing the Governor's Mansion. — ■ 
 That the joint committee report to the two ELouses, the amount 
 so expended, and that this aot take effect, and be in force, from 
 and after its passage. 
 
 Approved January 2d, 18G0. 
 
 CHAPTER 16. 
 
 AN ACT making an appropriation to pay the Attorney Gt 
 and District Attorneys, the costs due thtm under articlt 952rf 
 of tl/e Code of Criminal Procedure. 
 
 Section 1. Be it enacted, by the Legislature of the State ot 
 
 Texas, That the sum of two thousand dollars ($2,000) be. 
 the same is hereby appropriated out of any money in the T 
 
19 
 
 •-. t\ not otherwise appropriated, for the payment of the costs 
 tlue by the State to the Attorney General and the District 
 Attorneys in cases of conviction for felony aa provided for under 
 article 952.1, of the Code of Criminal Procedure. 
 
 ;c. 2. Th.it this aci ( ik • effect Erom and after its passage. 
 Approved January 4th, I860. 
 
 CHAPTER 17. 
 
 'rnes for holding llie Dis\ ■ rts m the 
 
 >". ••, nth. Judicial Dis rict. 
 
 Section I t, Be it egislature of ike State of 
 
 . That tin* District Courts in the Seventh Judicial District 
 shaN hereaftd r begin and be held as follows : In Grimes county, 
 -.in the third Mondays of March and October, and may continue 
 for two weeks; Ju Walker county, on the second Mondays after 
 the third Mondays of March and October, and may continue tor 
 two weeks : In Montgomery county, on the fourth Mondays after 
 hird Mondays of March and October, and may continue for 
 two weeks' In Harris county, on tin' sixth Mondays after the 
 third Mondays of March and October, and may continue for four 
 weeks: tii Galveston county, on the tenth Mondays after the 
 third Monday-- of March and October, and may continue until 
 the business is completed. 
 
 Sec, 2d. All writs and process issue.], ox that maybe issued 
 |)rior 1" the taking effect of this act, shall be held and considered 
 as returnable to the tern;- as fixed by this Act. 
 
 Sec. 3d. This Act shall take effecton thefirst day of March, 
 A. R. islO: and all laws in conflict herewith are hereby 
 repealed. 
 
 Approved January 7. 186' 
 
 CHAPTER IS. 
 
 IA ACI confirming certain Patents, and to validate certain 
 surveys in the Mississippi andPacifiG Sail Road reservation. 
 
20 
 
 Skction 1. Be it enacted by the Legislature of the State of 
 Texas, That all patents heretofore issued upon surveys made by 
 virtue of any genuine Colony certificate, within the limits of the 
 Mississippi and Pacific Rail Road Reservation, be and the same 
 are hereby declared to be as valid and legal, as if no such reser- 
 vation had ever been made ; and all surveys made by virtue of 
 genuine Colony certificates, within said reservation, during its 
 pendency, shall be as valid as they would have been had no such 
 reservation ever existed : Provided that in all cases where a 
 conflict in locations is ascertained to exist, either party may 
 withdraw their certificates within six months. 
 
 Sec. 2. That this act take effect and be in force from and 
 ' after its passage. 
 
 Approved January 10th, 1860. 
 
 CHAPTER Iff. 
 
 AN ACT to provide for the pay and sid)sistence of the troops 
 called old by the Governor of the State, under the command of 
 John S. Ford, James Bourland, and John Henry Brown, al- 
 so for the 'pay of the commissi on< rs sent by the Governor to the 
 Indians. 
 
 Section I. Be it enacted by the Legislature of the State of 
 Texa^j That the sum of sixty thousand dollars, or so much there- 
 of as may be necessary, is hereby appropriated out of any mon- 
 ies in the Treasury, not otherwise appropriated, for ihe payment 
 and subsistence of the men called out by the Governor of the 
 State, for the protection of the frontier, under the command of 
 John S. Ford, James Bourland, and John Henry Drown, like- 
 wise for the pay of the peace commissioners sent out by the 
 Governor in 1859, at the rate of five dollars per day, each, to- 
 gether with all necessary expenses by them incurred. 
 
 Sec. 2. Thai the Comptroller be authorized and required to* 
 settle all well authenticated accounts for supplies furnished said 
 companies, by their captains or any persons by them employed 
 to furnish supplies to their respective commands : Provided,. 
 The Comptroller shall have fall authority, and is hereby requi- 
 red, under this act, to examine the accounts for subsistence and. 
 forage, and allow only such as are fully authenticated by prop- 
 er vouch: rs, and to reduce extravagant charges to a reason 
 amount. 
 
21 
 
 Sec. 3. That tins act. take effect «and be in force, from and 
 .after its passage. 
 
 Approved 12th January, 18G0. 
 
 CHAPTER 20. 
 
 AN ACT appropriating ten thousand dollars, or so much there- 
 of as may be n eessary to pay tin expenses incurred by Capt. 
 Tobin's compai 
 
 Section 1. Be it enacted by the Legislature of the State of 
 
 j } That the sum of ten thousand dollars, or so much thereof 
 
 as may ba necessary, of any unappropriated funds now in the 
 
 Treasury, b< and the same is hereby appropriated to pay 
 
 the expenses incurred by Capt. Tobin's command, called into 
 
 service by order of the Governor; and the Comptroller shall 
 
 have full authority, and is hereby required, , under this act, to 
 
 examine tl ants and claims for said expenses, and allow 
 
 (inly stteh as are firily authorized and authenticated by proper 
 
 vouchers, and to reduce extravagant charges to a reasonable! 
 
 ;u> >unt, and only allow for the necessary expenses incurred, — 
 
 at reasonable prices, whether they were incurred under express 
 
 ract or otherwise: and provided that no claim shall be 
 
 allowed for fire anus furnished said company. 
 
 Sec. 2. That this act take effect from and after its passage. 
 Approved January 12th, 1860. 
 
 CHAPTER 21. 
 
 AN ACT making a further appropriation for furnishing the 
 
 Governor's Mansion. 
 
 Section !. enacted by the Legislature of the State of 
 
 Texas, That the further sum <>i' one thousand dollars, or so 
 much thereof as may b i neci -.Try. be and the same is hereby ap- 
 propriated ou I of any money in the Treasury of the State, nol 
 other propriated, for completing the furnishing of the Gov- 
 
 ernor's Mansion : Thai the s\]\>c be expended under the super- 
 intendence of the joint committee on Public Grounds and Pub- 
 lic Buildings; and that this act take effect, i\-^w and after its 
 passage. 
 
 Approved January 12th, I860. 
 
22 
 
 CHAPTER 22. 
 
 AN ACT supplementary to, and amendatory of am act entitled 
 "An Act to provide relief for Pre-emption settlers and tfieii 
 assignees, under the act of the 22d January, 1845, the act of 
 the 1th February, 1853, and the act of the 13th Februt 
 1854, and actual settlers in the Mississippi and Pacific Rail 
 Road Reservation. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That all persons or their assignees who are entitled to 
 pre-emptions under any of the abovo entitled acts, have until 
 the first of January, 1861, to return their field notes to the 
 General Land Office, and pay the dues thereon. 
 
 Sec. 2. That the Commissioner of the General Land Office 
 is hereby required to issue patents to all assi - who are enti- 
 tled to pre-emptions under the act of February 13th, 1854, 
 entitled an act donating 100 acres of land to settlers on the 
 pilblic domain, provided said assignees shall return to the Gene- 
 ral Land Office their pre-emption certificates proving that 
 he or she, and those under whom they claim, have resided on 
 said pre-emption for three years continuously, from the date of 
 taking said pre-emption, and have otherwise complied with tbi 
 act granting said donation. 
 
 Sec. 3. Be it further enacted, that all laws and parts of 
 laws conflicting with this act, be and the same are hereb; 
 pealed, and that this act be in force from and after its pas 
 Vetoed and passed by a constitutional majority, Jan. 16, 1860. 
 
 CHAPTER 23. 
 
 AN ACT to authorize the Commissioner of the General Land 
 Office to issue Patents upon surveys heretofore rr, ' in 
 
 the form required by law. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the Commissioner of the General Land Office be 
 and he is hereby authorized to issue patents upon surveys hereto- 
 fore made and returned to the General Land Office, although not 
 in a square, the same as if said survey had been in the form re- 
 quired by law ; Provided, that surveys in irregular shapes and 
 evidently made to the detriment of the public domain, which are 
 
not surrounded in such a manner as to prevent the same from be- 
 ing made in a squire, shall not be patented without correction : 
 and be it further provided, that nothing in this act shall be so 
 construed as to allow surveys hereafter to be made in any other 
 form than that which the law now requir< 
 
 Sec 2, That nothing in this at shall be so construed as to le- 
 galize any surveys, the corners of which are not at right angles, 
 if the surrounding surveys will permit. 
 
 Approved January 17th, 1860, 
 
 CHAPTER 24. 
 
 JX ACT to amend the 4th s ction of the act of May 12///, 184G, 
 entitled an act to regulate tin license apdpractia of attorneys 
 and counsi Uors <<t law, and t<> annnd the second, section of the 
 </<■/ of Eebrwxry I I, 1854, entitled u an net to aim nd the 9th 
 end. 10/// sections of an act to regulatethe license andpra 
 of attorneys and counsellors at law." 
 Section I. Be it emu-ted by the Legislature of the Stab 
 Texas, That the 4th section of the act of May 12th, 1846, en- 
 titled an act to regulate the license and practice of attorneys and 
 counsellors at law, is hereby amended so that the same shall here- 
 afterreadas follows, to-wit: Every person admitted to practice 
 law.shall, before receiving license, take an oath that he will support 
 the Constitution of the Tinted States and of this State, that he 
 will honestly demean himself in the practice of the law, and will 
 discharge his duty to his clients, to the best of his ability, 
 which oath shall he endorsed upon his license, subscribed by 
 him, and attested by the officer administering the same. 
 
 Sec. 2. That the 2nd section of the act of February 11th. 
 1354, entitled, "an act to amend the 9 th and 10th sections of 
 t to regulate the license and practice of attorneys and coun- 
 Bellors at law.*' is hereby amended so thai the same shall hereafter 
 read as follows, to-wit : Each attorney and counsellor at law, 
 shall be subject to fine or imprisonment, by aay court in which 
 he may practice, for mis-behavior, or contempt offered to such 
 court ; hut no court shall strike an attorney and counsellor at 
 law. from the rolls, for contempt, unless it involve fraudulent or 
 dishonorable conduct, or mal-practice, in which case, proceed- 
 may be had as directed in the preceeding section ; and any 
 
24 
 
 attorney or counsellor cat law, who may be charged with fraudu- 
 lent or dishonorable conduct, or mal-practice in the District 
 Court, shall have the right to a trial by jury, should he demand 
 it, and may plead not guilty, as in prosecutions for misdemean- 
 ors, whereupon a jury shall le empanneled to try the cause, and 
 if the jury find the accused guilty, the Court shall enter judg- 
 ment in accordance with the law in such cases, made and pro- 
 vided. 
 
 Sec. 3. That this act shall be in force, from and after its 
 passage. 
 
 Approved January 18, 1860. 
 
 CHAPTER 25. 
 
 AN ACT to amend an act amendatory of and supplementary to 
 an act to encourage 'the improvement of the navigation of the 
 rivers and other navigable waters of Texas, by making ap- 
 propriations for the same, approved 2Zd August, 185(5. 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the following section be added to said act, as an ad- 
 ditional section. 
 
 Sec. 7. Whenever the State Engineer and Superintendent, 
 after the letting of any contract for the improvement of any liv- 
 er, and during the progress of the work, shall become satisfied 
 that the work done, and to be done, under the contract, will not 
 effect a permanent, continuous and valuable improvement, said 
 Engineer and Superintendent shall have power to set aside such 
 contract, by agreement with the contractors, and to settle with 
 them for the full amount of work actually done, and ho shall 
 proceed to apply the subscriptions and State appropriations re- 
 maining, to such portions of such rivers as can by permanently 
 improved. 
 
 Ths provisions of this act shall only apply to contracts made 
 upon the rivers west of the Trinity river, and if the contract for 
 cleaning out the Brazos river be cancelled or modified under this 
 act, the unpaid subscriptions made by the citizens of Washing- 
 ton county, shall be discharged, and no further payments de- 
 manded of them, by virtue tliereof. 
 
 Sec. 2. This act shall take effect, from and after its passage 
 Approved January 27, 1860. 
 
25 
 CHAPTER 20. 
 
 AN A GT to amend the second section of an net entitled i: an. 
 
 act to create tin tic ntieth Judicial District of the SiaU of 
 
 Texas, approvi d January 2d, 1860. 
 
 Section L. Be it enacted by the Legislature of the Slate of 
 Texas, That the 2d section of the above entitled act, shall read 
 as follows : 
 
 Sec. 2. That (lie District courts shall beheld in the 20th .Ju- 
 dicial District, in each yoar, as follows : In the county i>t Col. 
 lin, on the first Mondays in February and August, and may con- 
 tinue in session two weeks. In the county of Denton, on the 
 id Mondays after the first Mondays in February and August, 
 and may continue in session two weeks. In the county of Mon- 
 tague, on the fourth Mondays after the first Mondays in February 
 and August, and may continue in session cue week. Jn the 
 county of Cooke, on the fifth Mondays after ihetiist Mondays in 
 February and August, and may continue in session two weeks. 
 In the county of Grayson, on the seventh Mondays after the first 
 Mondays in February and August, and may continue in session 
 two weeks. In the eonnlv oi Clay, on the tenth Mondays alter 
 the first Mondays in February and August, and may continue in 
 .session one week". In the county of Archer, on the eleventh 
 Mondays after the first Mondays in February and August, and 
 may continue in session one week'. In the county of Throck- 
 morton, on the twelfth Mondays after the first Mondays in Febru- 
 ary and August, and may continue in session one week. In the 
 county of Young, on the thirteenth Mondays after the first Mon- 
 days in February and August, and may continue in session one. 
 week. In the county of «/ack, on the fourteenth Mondays after 
 the first M mdays in February an 1 August, and may continue in 
 session one week. In the county of Wise, on the fifteenth Mon- 
 days after the first Mondays in February and August, and may 
 continue in session until business is disposed of. 
 
 Sec 2. That so much of the above recited section, as con- 
 flicts with the provisions of this acl be, and the same are hereby 
 repealed. 
 
 proved January '21, 18G0. 
 
26 
 
 CHAPTER 27. 
 
 AN AQT supplementary to an act entitled an act to ascertain 
 what land certificates have been illegally issued by the county 
 courts of counties in Peter's colony, and to provide for issu- 
 ing patents on such of said certificates as are legal. 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the holders of such, certificates as are mentioned in 
 the act to which this is supplementary, who did not present the 
 same to the Board of Commissioners provided by said act, and 
 the owners of such certificates as were presented and rejected by 
 said Board, shall have twelve months from the passage of this 
 act, in which to present their claims to the District Courts, as 
 provided for in the twelfth section of the act to which this is 
 supplementary : provided a statement, under oath, is made with 
 such application, showing good cause why the same was not pre- 
 sented to \he Board of Commissioners, or to the District Court, 
 as is provided in said act : and provided that in case the wit- 
 nesses by whom such applicant expects to prove the validity of 
 any such certificate, is not a resident of Peters colony, the proof 
 may be made by deposition, before the chief justice in the county 
 in which the witness resides, and said officer administering the 
 oath, shall certify that from his own knowledge, or from satis- 
 factory proof produced before him, the witnesses who swear, are 
 respectable persons, and entitled to credit, as iu other cases, in 
 the District Courts ; such depositions to be taken alter notice 
 served on the District Attorney of the District in which the 
 cause is pending, and in the manner provided for taking of depo- 
 sitions in other cases. 
 
 Approved January 24, 1860. 
 
 CHAPTER 28. 
 
 AN ACT to regulate and define the times of holding the Dis- 
 trict Court in the several counties of the eighth Judicial Dis- 
 trict. 
 Section 1. Be it enacted by the Legislature <; /< / <<< 
 
 Texts, That the District Court of the eighth judicial district in 
 
 the State of Texas, beheld in the several counties, at, and for the 
 
 period of time, hereafter specified, viz : 
 
-/ 
 
 In the county of Titus, on the first Mondays in Febrn 
 ami August, and may continue in session two weeks. Tn the 
 county of Hopkins, <»n the second Mondays after the firs* Mon- 
 days in February and August, and may continue in sessi 
 two weeks. In the county of Hunt on the fourth Mondays 
 alter the first Mondays in Februarv and August, and may 
 continue in session one week. In the county of Fannin on 
 the fifth Mondays after the first M m lays in February and Au- 
 gust, and may continue in session two weeks, [n the county of 
 Lamar, on the seventh Mondays after the first Mondays in Febru- 
 ary and August, and may continue in session two weeks. In the 
 county of Red River, on the ninth Mondays after the first Mon- 
 days in February and August, and may continue in session three 
 ■•. In the county of Bowie, on the thirteenth Mondays after 
 first Mondays in February and August, and m iy con f inn ■ in 
 ion two weeks. In the county of Cass, on the fifteenth 
 Mondays after the first Mondays in February and August, and 
 may continue in Bession until the business is disposed of. 
 
 Sec. 2. That all write and process, that have been, or may 
 after be issued from any of the District Courts of the coun- 
 ties mentioned in the 1st Beclion of this act, and made returnable 
 to any of the terms of the said court?, under the laws now in force, 
 and all bonds and recognizances that have been, or may hereaf- 
 ter be made so returnable, shall be returned to the terms speci- 
 fied in this aef, and shall have the same force and effect, as it 
 the same had been made so originally returnable. 
 
 Sec. 3. That an art to reorganize the eighth Judicial Dis- 
 trict, and define the times of holding Courts therein, appr 
 or the 16th day of February, L858, be, and the same is hereby 
 repealed, and that this act tab ind 1"' in force from and 
 
 after the 1st day of August, A. 1). ISu'O. * 
 
 Approved January 25, ISM>. 
 
 CHAPTER 
 
 AN ACT to repealthe 17th section of an act entitled 11 on act 
 ■ '"./< railroad companies, approved February 1th., 
 ! >53. 
 
 Section 1. Be it enacted by the Legislature of the § 
 g, That the seventeenth s< ition of "an act, entitled an 
 
28 
 
 to regulate railroad companies, be, and the same is hereby re- 
 pealed. 
 
 Approved January 26, 1860. 
 
 CHAPTER 30. 
 
 AN AiGT further regulating proceedings in the Supreme Court. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the causes determined in the District Court of the 
 counties composing the third Judicial District, when taken to 
 the Supreme Court of the State, by appeal or otherwise, shall be 
 returnable to the branch of said Court at Galveston, and the 
 causes from the Courts of said third Judicial District, pending 
 in the Supreme Court at Austin, and undecided at the close of 
 the term of said Court, which commenced on the third Monday 
 of October, A. D. 1859, shall be transferred, for decision, to Gal- 
 veston : provided that the cases so transferred, shall not take 
 p -ecedenee of those now on the docket of the Court at Gal- 
 veston. 
 
 Sec. 2. The sixth section of the act of February 11, 1850, 
 entitled "an act concerning the proceedings in the Supreme 
 Court/' is hereby repealed, and this act shall take effect and be 
 in force, from and after its passage. 
 
 Passed January 28, I860. 
 
 CHAPTER 31. 
 
 AN ACT to establish the time of holding the courts in the 12th 
 
 Judicial Disti ict. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That from and after the passage of this act, the Courts 
 in the twelfth Judicial District shall commence — 
 
 In the county oi Cameron, on the fourth Monday in April, and 
 the second Monday in November, and may continue in session 
 four weeks. In the county of Hidalgo, on the fourth Monday 
 after llje fourth Monday in April, and the fourth Monday after 
 the second Monday in November, and may continue in session 
 
29 
 
 one week. In the county of Starr, on the fifth Monday after 
 f Mirth Mouday in April, and the fifth Monday after tin' second 
 Monday in November, and may continue, in session two weeks. — 
 In the county "f Zapata, on the seventh Monday after the fourth 
 Monday in April, and the seventh Monday after the second 
 Monday in November, and may continue in session one week — 
 In tie/ county of Webb, on the* ighth M mday after the fourth 
 Monday in April, and the eighth iJ mday after the - ! >u- 
 
 day in November, and may continue in session one week. 
 
 Sec. 2. All writs and process that have been, or may here 
 ter be issued from any of the District Court? of the twelfth Ju- 
 dicial District, shall he considered as returnable, and shall !•• 
 returned to the terms as established by this act, ami shall I 
 the same force and effect a- it' they had originally been issued e i 
 returnable. 
 
 Rec. 3. Al! laws an 1 parts of laws, conflicting with th i pro- 
 visions of this act, are hereby repealed: and this act shall v ku 
 effect and be in force from and after i:s passage. 
 
 Approved January 29, I860. 
 
 Vl'TER 32. 
 
 AN ACT to author ize<th<! use of the I', lUed States Bon 
 apart to the Un veraity of Texas, in meet appropriations m 
 for frontier defence. 
 
 Section I. Be it enaefcd by the Legislature of the Stat 
 Texas, That thesum ot one hundred thousand dollars in Unite.) 
 States bonds with the interest which has heretofor« accrued, or 
 which may hereafter accrue upon the same, set apart and appro- 
 priated lor the establishment and maintainance of the University 
 of Texas, by "an act to establish the University o\' Texas,' ap- 
 proved February 11, 1858, may he used at any time during the 
 next two years, to meet any appropriations made by law, for 
 frontier defence ; provided the current revenue he insufficient to 
 meet sueh appropriations, as they are required to be disbursed, 
 and provided further that in case it should be necessary to use 
 said bonds and interest, or any pirtof the same, the am ami - 
 
 i. shall he replaced to meet the appropriation made by said 
 acl of 1 1th February j K s '.">s, to establish said University, so - 
 ;i~ the amount, so \',st'd } or any part of the same may come 
 
30 
 
 the Treasury, from, current revenue or from any other source, 
 not appropriated or set apart for any other use. The amount so 
 
 used, to be paid back to the University fund, without interest. 
 
 Sec. 2 That the said United States bonds may be disposed 
 of, if required to comply with the provisions of this act, in the 
 manner other United States bonds are or may be disposed of by 
 any law now existing or which maybe hereafter passed. 
 
 Sec. 3. That this act take effect and be in force from and 
 after its passage. 
 
 Approved January 31, 1860. 
 
 CHAPTER 33. 
 
 AN ACT making ewe appropriation to pay assessors and col- 
 lectors, for taking the scholastic census for the yew 185!). 
 Section J. Be it enacted by the Legislature of the State of 
 Texas, That the sum of six thousand dollars be, and the same 
 is hereby appropriated, or so much thereof as may be necessary- 
 to pay the assessors and collectors of the State of Texas, lor 
 taking the scholastic census for the year 1S59. 
 
 Sec, 2. That this act take effect and be in force, from and 
 after its passage. 
 
 Approved January 31. 18G0. 
 
 CHAPTER 
 
 O-k. 
 
 AN ACT io amend the second, fifth, eighth and ninth section 
 
 of an act to authorize the sale ef the public domain. 
 
 Section 1. Be it enacted, b$ the Legislature of the State of 
 Teseim, That the second, fifth, eighth and ninth sections of the 
 above entitled act be so amended as to read as follows I 
 
 Section second of said act shall hereafter read as follows v . 
 
 Sec. 2. The alternate sections of land surveyed and reserved 
 to the State, under the provisions of the laws to encourage the 
 construction of Railroads, by donations of land, and the act 
 granting land to the G-alveston Brazos Navigation company, and 
 
31 
 
 the Islands heretofore reserved, mid all other reserved seefi 
 may he sold atone dollar and twenty-flve cents per acre, provi- 
 ded that fractions of less than one hundred and sixty acres with- 
 in the Memphis, El Paso & Pacific Railroad, reserve, and that 
 have not been surveyed by the company, shall be subjecl to set- 
 tlement and sale, or either, at fifty cents per acre, as herein- 
 after provided for by this act. 
 
 Section fifth of said act, shall hereafter read as follows : 
 Sec. 5. When there may beanj vacanl and unappropriated 
 public domain (not being set apart, held in reservation, or the 
 location of \vbich is prohibited by lav ) of less quantity than 
 one hundred and sixty acres of land, which is completely sur- 
 rounded by previous surveys, any one desiring to purchase the 
 same, may apply to the surveyor o\' the county or district in 
 which the land lies, and cause the same to hi 1 surveyed., and the 
 field notes of such survey shall be recorded in the office of said 
 surveyor, and returned to the General Laud Office, and the per- 
 son upon whose application the land was Surveyed, shall, for six 
 months after the making of such survey, haven preferei :e • 
 purchase said land, and the sale of the same shall be made in the 
 same manner as is provided tor in the fourth section of (his act, 
 tor the sale of other surveyed lands, and for fifty cents per acre, 
 and patented in the same manner : provided, however, that if 
 the person Upon Whose application the said land is surveyed, and 
 to whom said preference is given, his heirs or assigns, shall tail 
 within the said six months from the time of the survey of said 
 laml. to file in the office of the District or county surveyor, who 
 surveyed the same, a certificate from the Commissioner of tin" 
 General Land OffiCe,[stating that he or they had purchased and 
 paid for the same, then said land shall revert to and become part 
 of the public domain, and besubject t<» locution as other lands. 
 Section eighth of said act shall hereafter read as follows : 
 Sec. 8. All heads of families, who are settled upon, or who 
 may hereafter settle upon any vacant public domain, except 
 those hinds, the sale of which is provided for in the second, 
 
 of this act, shall have the privilege of purchasing one hun- 
 dred ami sixty acres of lend, or less, where it is entirely surroun- 
 ded by previous surveys, to include his or her improvement, in 
 preference to all others, at fifty cents per acre. 
 
 don ninth of said act shall hereafter read as follows : 
 Sbo. !•. Any one desiring to obtain the benefits of the pre- 
 ceding section of this act, shall, within six months after the 
 passage of this act, or within three months after his or her settle- 
 ment, file, with the district surveyor, his or he; I and that 
 
of 6wo credit able witnesses, made before any officer authorized 
 to administer oaths, in the land district in which the land is sit- 
 uated, that he or she is bona fide settled and making improve- 
 ments upon vacant public domain, the sale of which is contem- 
 plated in the first section of this act ; and that he or she has 
 not previously taken or filed a pre emption under this act, on 
 vacant land, and shall at the same time tile, with said surveyor, 
 a designation of the land sought to be Secured, and said settler 
 shall, within twelve months, have said land surveyed and his or 
 her heir 1 notes recorded and returned to the General Land Office, 
 and shall be required to pay taxes on the same, from the date of 
 his or her settlement, and the money paid within three years 
 from the date of his or her file, or the preference herein provi- 
 ded shall cease, and said land become vacant and subject to 
 location or purchase ; and that no claim under this act, shall be 
 transferrable or assignable, until the rights to the land shall be 
 perfected. 
 
 Sec. 2. And that this act take effect and be in force from 
 and after its passage. 
 
 Approved February 1, 1860. 
 
 CHAPTER 35. 
 
 AN ACT authorizing the heirs, representatives or relations of 
 deceased persons to sue for and recover damages, where 
 the death of such person or persons has been caused or occa- 
 sioned by the negligence, culpable or wrongful act of another. 
 SfiQTioN 1. Be it enacted by the Legislature of the State of 
 Tej^ts. If the life of any person is lost by reason of the negli- 
 gence or carelessness of the proprietor or proprietors, owner, 
 charterer or hirer of any railroad, steamboat, stage-coach, or oth- 
 er vehicle for the conveyance of goods or passengers, or by the 
 unfitness, gross negligence or carelessness of their servants or 
 agents, and whensoever the death of a person may be caused by 
 wrongful act, neglect, unskilfulness or default, and the act, neg- 
 lect, unskilfulness or default is such as would (if death had 
 not ensued) have entitled the party, injured, to maintain an ac- 
 tion for such injury, then and in every such case the person who 
 would have been liable if death had not ensued, shall be liable 
 to an action for damages, notwithstanding the death of the per- 
 
33 
 
 son injured, and although the death shall have bean caused under 
 such circumstances as amount, in law, to a felony. 
 
 Sec. 2. Every sueh action shall be for the solo and exclusive 
 benefit of the surviving husband, -wife, child or children and 
 parents of the person whose death shall have been so causect,and 
 may be brought by such entitled parties, or any one of them 
 and if said parties fail fa- three calendar month*, to institute 
 suit, then it shall lie the duty of the executor or administrator 
 of the deceased, unless specially requested by all of said parties 
 entitled, not to prosecute the same. And in every such action 
 the jury may give such damages as they may think proportioned 
 to the injury resulting from such death, and the amount so re- 
 covered, shall be divided am mgst the person or persons entil 
 under this act, or such cf them as shall then be alive, in such 
 shares as the jury shall and and direct, and shall not be liable 
 for the debts of the deceased. 
 
 Sec. 3. The action shall be brought within one year after 
 the death of such deceased. 
 
 SEC. 4. The action shall not abate by the death of eitler 
 party to the record. If the plaintiff die, pending the suit, where 
 there is only one plaintiff, some one or more of the parties enti- 
 tled to the money recovered, may be substituted, and the suit 
 prosecuted, to judgment in the nam* 1 of sueh party or parties, 
 for the benefit of the persons entitled. If the defendant die, 
 pending the suit, his executor or administrator may be made a 
 party, and the suit prosecuted to judgment as though said de- 
 fendant had continued alive ; but the /judgment in such case if 
 rendered in favor of plaintiff, shall be, to be paid in due course 
 of administration. 
 
 Approved February 2, 1800. 
 
 CHAPTER 36. 
 
 AN ACT, supplementary to an act entitled " an- act ta pro- 
 vide for distributing the reports of the Supreme court, the 
 hues qf the Stat ■ mil the journals oftJn Legislature. 
 _ Section 1. ])■ it enacted by th Legislature of the State of 
 Texas, That it shall be the duty of the Secretary of State to 
 furnish the libraries of the supreme, court, at each branch of said 
 Court, with sueh number of copies of the reports of the supreme 
 
 C 
 
34 
 
 court of the State, of the public and private laws of the State, 
 of all digests or revisions of the laws of the State, published or 
 subscribed for, by the State, and of digests of the decisions of 
 the supreme court of the State, subsciibed for by the State, as 
 will supply each of the judges of said Court with one complete 
 set of all of said books, for use by them, during the terms of 
 said Court, and one set for each of said libraries, to remain 
 therein, for general use. 
 
 Sec. 2. This act shall take effect and be in force, from and 
 after its passage. 
 
 Approved February 2, 1860. 
 
 CHAPTER 37. 
 
 AN ACT to authorize and require the county courts of the sev- 
 eral counties of the State of Texas, to furnish the county stir- 
 veyors of their respective counties, with books of record. 
 Section 1. Be it enacted by the L&gMatUr? of the State of 
 Texas, That the county courts of the several counties of this 
 State, be and they are hereby authorized and required to furnish 
 the bounty surveyors of their respective counties, with the neces- 
 sary boolss of record pertaining thereto. 
 
 Sec. 2 That this act take effect and be in force from and 
 after its passage. 
 
 Approved February 2, 18G0. 
 
 CHAPTER 38. 
 
 AN ACT to define the Homestead in a town or city. 
 Section 1. Be it enacted by the Legislatura of tEe Stale of 
 lexas, That the homestead in a town or city, exempt from forced 
 sale, is hereby declared to be the lot or lots occupied or destined 
 as a family residence, not to exceed in value two thousand dol- 
 lars, at the time of their destination as a Ivan -stea 1 : nor shall 
 the subsequent increase in the value of the homestead, by reason- 
 
35 
 
 r>f improvement's or otherwise, subject the homestead to forced 
 sale. 
 
 Approved February 2, 1SG0. 
 
 CHAPTER 39. 
 
 ACT making an appropriation to defray the expenses of 
 
 selling the University lands. 
 
 Section *1. Be it enacted bg the Legislature of the State of 
 TexaSi That the sum of seventeen hundred and sixteen and for- 
 ty-five hundredth dollars, or so much thereof as may he nccessarv, 
 be and thy suiv is hereby appropriated out of the proceed 
 of the sales of the University lands, now in the Treasury, to pay 
 the Commissioner appointed by the ti ivernofc, for selling the 
 University lands, and for advertising the si];' of said lands. 
 
 Skc. "2. That this act tfcke 'effect and be in force from and 
 ■after its pass; ige. 
 
 Approved February 2, 1860, 
 
 CHAPTER 40. 
 
 AN ACT to create the. Board of Commissioners of Public 
 
 Q round* and Buildings. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the Secretary of State, the Comptroller, Treasurer 
 and the Commissioner of the Genera} Land office, and their suc- 
 cessors in office, bo. and they are hereby constituted a Board of 
 Commissioners of Public Ghfoundsand Buildings ; That the Sec- 
 retary of. State shall be chairman of said Board, a majority 
 thereof shall be a quorum, and shall decide all questions which 
 may arise in their meetings, and that they shall keep a record 
 of all their proceedings. 
 
 Sec. 2. It shall be the d ty of said Board to supervise all 
 the buildings and improvement upon the capitol square, the 
 Land Otfice and Governor's Mansion, and grounds severally con- 
 
36 
 
 nected therewith ; and see that the same are kept in good order 
 and repair. 
 
 Sec. 3. Said Board shall have the power and it is hereby 
 made their duty to make all contracts which may from time te» 
 time he require I, and to employ all such mechanics and other 
 persons, as may he necessary to keep said grounds and buildings 
 in good order ; to disburse all appropriations made i\>r this pur- 
 pose, by the Legislature ; to contract for, and superintend all 
 such buildings on said grounds, as may be ordered to be erected 
 by the Legislature, and to superintend the boring of the Arte- 
 sian well, and the laying off the capitol square and setting out 
 trees thereon, and shall have power to sell any articles, of furni- 
 ture and other personality, in their charge, which may become 
 useless to the State. 
 
 Sec. 4. The capitol square and buildings and improvements 
 thereon, except the Treasury Department, shall be under the 
 special charge of the Secretary of State ; the Treasury building 
 under the special charge of the Treasurer and Comptroller ; the 
 Land Office and grounds, under the special charge of the Com- 
 missioner of the General Land Officn ; and the Governor's Man- 
 sion and the grounds and the other improvements thereon, nuclei* 
 the special, charge of the Governor, and the office of the 
 Attorney General, under his special charge. 
 
 Sec. 5. Said Board shall direct and control the investment 
 of all appropriations, made by the Legislature, for the pureliase 
 of books for the State Library, and shall make and establish 
 rules and regulations for the management of the Library, and 
 use and preservation of the books. 
 
 Sec. G. This act shall take effect from its passage. 
 
 Approved February 2, 18G0. 
 
 CHAPTER 41. 
 AN ACT male ing an appropriation for repairing the capital 
 
 and other public buildings, 
 
 Section 1. Be it enacted by the Legislature of the Stt.te of 
 Texas, That the sum of twelve hundred dollars be and is hereby 
 appropriated, out of any money in the Treasury, not otherwise 
 appropriated ; and the same be placed under the control of the 
 Board of Commissioners of Public Grounds and Buildings, for 
 the purpose of repairing the capitol, treasury and old and new 
 
37 
 
 land offices and the fences about the sains, and for furnishing 
 Lightning rods for the capitol, and other public buildings placed 
 under their charge by law. 
 
 Sec. 2. That this act take effect from'its passage. 
 
 Approved February 2, 1860. 
 
 CHAPTER 42. 
 
 AN ACT irialclncj appropriations to defray the expense. of the 
 State P< ■:<(< ntiary. 
 
 Sectiou I. Be tt enacted by the Legislature of the Slate of 
 Texas, That the following sums of money be and the same are 
 hereof appropriated, out of any monies in the Treasury of the 
 .state, riot otherwise appropriated, to-wit : 
 
 " The sum of twenty-seven thousand dollars for the purchase 
 of madhinery for the use of the State Penitentiary. Provided 
 that in said purchase, under this appropriation, shall be inclu- 
 ded the machinery now in use, procured by the late financial 
 •. and the disbursing oflicerof said appropriation is hereby 
 directed to use so much of the same as is necessary to pay for said 
 machine," 
 
 Tnesum of live thousand, two hundred and twenty-three dol- 
 lars, to pay the liabilities incurred and unpaid, for the transpor- 
 tation of convicts 'to thd State Penitentiary, during the years 
 1858 and 1859, and the sum of fifteen thousand dollars, for the 
 payment of similar service for the ensuing twb years. 
 
 The sum of fifty thousand dollars, for the purchasing of cot- 
 ten, wool, provisions ami ether incidental expenses of said Peni- 
 tentiary, for the years A . I). lSh'O and 1361. Provided, that 
 thirty-live thousand dollars of this sum shall be expended out of 
 the income derived from the sales of articles manufactured in 
 the Penitentiary. 
 
 Sec. 2. That this act take effect and be in force from and 
 
 r its passage. 
 Approve/] February 3, 1SG0. 
 
38 
 
 CHAPTER 43. 
 
 AN ACT making appropriations for the protection of the fron- 
 tier. 
 
 Section 1. Be it enacted bij the Legislature of the State of 
 Texas, That the sum of three hundred thousand dollars, or so 
 much thereof as may be necessary, out of any money in the 
 Treasury, not otherwise appropriated, be and the same is hereby 
 appropriated for the pay and subsistence of the force which has 
 been, or may be called into the service by the Governor, for the 
 protection of the frontier : Provided that only so much of said 
 appropriation shall be drawn from the Treasury from time to 
 time as can be so drawn without leaving a deficit in the amount 
 required of the current revenue from time to time to pay the 
 ordinary current expenses of the Government. 
 
 Sec. 2. That in case the Governor shall find that there is 
 not money enough in the Treasury to meet the foregoing appro- 
 priation fully as the same may be needed from time to time, or 
 that the amount of said appropriation is not sufficient to carry 
 out the provisions of the act for the protection of the frontier,, 
 then, in either event, he shall cause only such payments to 
 be made in cash, as cannot be contracted for otherwise ; and 
 whenever payments are to be made upon contracts or for ser- 
 vices, under said act, which are not necessary cash demands,, 
 such payments shall be made pro rata. It is provided, howev- 
 er, that the indebtedness created under this section, shall at no 
 time exceed the sum of two hundred thousand dollars. The 
 Comptroller of Public Accounts, shall, under the special direc- 
 tion of the Governor, audit and adjust all claims and accounts 
 created under the provisions of this section, and certify such 
 adjustment to the party interested ; and such accounts shall be 
 paid as may hereafter be provided by law. 
 
 Sec. 3. That this act shall take effect from and after its 
 passage. 
 
 Approved February 3, I860. 
 
 CHAPTER 44. 
 
 AN ACT concerning common carriers and defining their lia- 
 bilities in certain cases. 
 
30 
 
 Section 1, Be it enacted by the Legislature of the State of 
 
 Texas, That common carriers of goods, for hire, within this 
 State, on land or in boats, or vessels, on the waters entirely 
 witjhra the body of this State shall not limit or restrict their 
 liability, as it exists at common law, by any gbheral or actual 
 notice, nor by mscrxing exceptions in the bill of lading 1 , or meitior- 
 amlnm given upon the receipt of the goods tor transportation, 
 nor in any other manner, except by special agreement between 
 the carrier and shipper, reduced to writing and signed by the 
 parties or their agents. 
 
 Sec. 2. Upon the tender 6t the legal or customary rates oi 
 freight, on goods offered for transportation, to a common carrier 
 whatever, such carrier shall receive and transport, such goods. 
 provided his vehicle or vessel has capacity, safeh to carry the 
 goods so offered. o]\ the trip or voyage then pending, and such 
 goods are- of the kind usually carried upon such vehicle or vessel. 
 and are offered at a reasonable time. Any common carrier 
 refusing to transport goods, as above provided, taking in the same 
 in the order presented, shall be liable, to the party injured, for 
 all damages sustained by reason of his refusal, and shall also he 
 liable toa penalty of not less than five nor more than live hun- 
 dred dollars, to be recovered, in each case, by the owner of the 
 goods, in any Court having jurisdiction, in the county where the 
 wrongis done, or where the common earner resides. 
 
 See. 3. Common carriers are required, when they receive 
 goods for transportation, to give to the shipper, when it is 
 demanded, a hill of lading, or mem wandum in writing, st ating the 
 quantity, character, order and condition of the goods ; and such 
 goods shall bedelivered, in the manner ptovidedkby common law. 
 in like order and condition t > the lonsignee, the unavoidable wear 
 and tear and deterioration in due course of transportation, onlj 
 excepted ; an 1 in case such Common carriers shall fail to deliver 
 goods as above, required, they shall be liable, to the party 
 injured, for his damages, as at common law : and in case of their 
 refusal to execute and deliver a, bill of lading or memorandum 
 in writing, as above required, they shall be liable toa penalty 
 of not less than five nor more than live hundred dollars, to be 
 recovered as in the preceding section of this act. 
 
 See. 4. Railroad * Companies, and other common carriers. 
 
 having depot8 or Warehouses f"r Storing goods, shall be liable as 
 
 warehousemen are at common law, for goods, atid theoareof the 
 
 same, stored in such depots or warehouses before the commence- 
 ment >4' the trip or voyage on which said goods are to he trans- 
 ported : hut shall be liabl anion carriers, from tne c 
 
40 
 
 mencement of the trip or voyage, until the goods are delivered 
 to the consignee at the point of destination. If the carrier at 
 the point of destination, shall use due diligence to notify the con- 
 signee, and the goods are not taken by the consignee, and have, 
 in consequence, to be stored in the depots or warehouses of the 
 common carriers, they shall, thereafter, only be liable as ware- 
 housemen. It is also provided that where common carriers 
 receive goods, for transportation, into their warehouses or depots, 
 they shall forward them in the order in which they are received, 
 the first received to be first forwarded, without giving the preference 
 to one over another, and in case they shall fail to do so, they 
 shall be liable, absolutely, for all losses occurring while the goods 
 remain, and for all damages "occasioned or in any wise resulting 
 from the delay : Provided that the trip or voyage shall be con- 
 sidered as having commenced from the time of the signing of the 
 bill of lacling, ami the liability of the common carrier shall 
 attach, as at common law, from and after such signing. 
 Approved February 4, 18G0. 
 
 CHAPTER 45. 
 
 AN ACT to apportion the State into Senatorial and Represen- 
 tative Districts. 
 
 Section I. Be it enacted by the Legislature of the State of 
 Texas, That the^State of Texas shall be divided into thirty- 
 three Senatorial Districts, which shall be severally entitled to 
 one Senator, and formed as follows, to-wit : 
 
 No. 1. The counties of Galveston, Liberty, Jefferson and 
 Chambers. 
 
 No. 2. The counties of Polk, Tyler, Jasper, Newton, Orange 
 and Hardin. 
 
 No. 3. The counties of Angelina, Nacogdoches and San 
 Augustine. 
 
 No. 4. The counties of Sabine, Shelby aud Panola. 
 
 No. 5. The county of Rusk. 
 
 No. 6. The counties of Harrison and Upshur. 
 
 No. 7. The counties of Cass and Bowie. 
 
 No. 8. The counties of Titus and Red River. 
 
 No. 9. The counties of Lamar and Hopkins. 
 
 No. 10. The county of Cherokee. 
 
41 
 
 No. 11. The counties of Hon.? ton, Anderson ami Trinity. 
 
 No. 12. The counties of Wood, Smith and Van Zandt. 
 
 No. 13. The counties of Kaufman, Dallas and Henderson. 
 
 No. 14. The counties ot Fannin and Hunt. 
 
 No. 15. The eouutms <>f (Jrayson and Collin. 
 
 No. 16. The counties of {irajEoria, Fort Bond and Harris. 
 
 No. 17. The counties of Montgomery, Grimes ami Walker. 
 
 No. IS. The counties of Madison, Leon, Robertson,; Brazos 
 and Burleson. 
 
 No. 11). The counties of Limestone, freestone, Navarro and 
 Ellis. 
 
 No. 20. The counties of Johnson, Tarrant, Erath, Parker 
 and Palo Pinto. 
 
 No. 21, The counties <»f Qeoke, Den.tpn, Wise, Montague, 
 Jack, Youne;, Qlay, Wichita. Arclicr, Wilbarger, Baylor. 
 Throckmorton, Hardeman, fvnox, Haskell; Buchanan, Shackle- 
 ford and Jones. 
 
 No. 22. The counties of Matagorda, Wharton, Colorado 
 and Fayette. 
 
 No. 2'.). Theeountiis of Austin and Washington. 
 
 No. 24. The counties o( Calhoun, "Jackson, Victoria, Hewitt 
 and Lavaca, 
 
 No. 25. The counties of Gonzales, Gaudalupe and Cald- 
 well. 
 
 No. 26. The counties of Bastrop, Travis and Hays. 
 
 No. 27. The counties of Milam, Williaitison, Burnett, Bell 
 and Lampasas. . 
 
 No. 28. The counties ot Falls. Coryell. McLennan, Bosque, 
 Comanche, Brown. Hamilton, Eastland, Callahan, Coleman, 
 Taylor, Runnels and Hill. 
 
 No. 2:». The counti, s of Refuajio, San Patricio. Nueces, 
 Goliad, Bee, Live Oak, Karnes, McMullen, La Salle and Dimmit. 
 
 No. 30. The county of Bexar. 
 
 No. 31. The counties of Blanco, Comal, Bandera, Kerr, 
 Gillespie, Llano. San Saba, Medina; Uvalde, McCulLotigh, Con- 
 . JVIason, Menard, Kimblo, Edwards, Dawson, Kinney. Mav- 
 erick, Atascosa, Frio and Xavaila. 
 
 No. .*J2. The counties oi' Canjierqn, Hidalgo, Starr, Zapata, 
 Weld), Encina) and Duval. 
 
 No. 33. The counties of El Paso and Presidio. 
 
 Section 2. The Chief Jnstice pf' Galveston county shall 
 receive the returns and give the certificate of election to the Sen- 
 ator elect of the first Senatorial District. 
 
 The chief justice of Tyler of the second district. 
 
42 
 
 The chief justice of Nacogdoches of the third district. 
 
 The chief justice of Shelby of the fourth district. 
 
 The chief justice of Harrison of the sixth district. 
 
 The chief justice of Cass of the seventh district. 
 
 The chief justice of Red River of the eighth district. 
 
 The chief justice of Hopkins of the ninth district. 
 
 The chief justice of Cherokee of the tenth district. 
 
 The chief justice of Houston of the eleventh district. 
 
 The chief justice of Smith of the twelfth district. 
 
 The chief justice of Kaufman of the thirteenth district. 
 
 The chief justice of Fannin of the fourteenth district. 
 
 The chief justice of Collin of the fifteenth district. 
 
 The chief justice of H mis of the sixteenth district. 
 
 The chief justice of Grimes of the seventeenth district. 
 
 The chief justice of Robertson of the eighteenth district. 
 
 The chief justice of Limestone of the nineteenth district. 
 
 The chief justice of Tarrant of the twentieth district. 
 
 The chief justice of Wise of the twenty-first district. 
 
 The chief justice of Colorado of the twenty-second district. 
 
 The chief justice of Washington of the twenty-third district. 
 
 The chief justice of Victoria of the twenty-fourth district. 
 
 The chief justice of Gonzales of the twenty-fifth district. 
 
 The chief justice of Travis of the twenty-sixth district. 
 
 The chief justice of Williamson of the twenty-seventh district. 
 
 The chief justice of McClennan of the twenty-eighth district. 
 
 The chiet justice of Goliad of the twenty-ninth district; 
 
 The chief justice of Gillespie of the thirty-first district. 
 
 The chief justice of Cameron of the thirty-second district. 
 
 The chief justice of El Paso of the thirty-third district. 
 
 Section 3. The State shall be divided into Representative 
 Districts, and the counties and representation districts shall elect 
 members of the House of Representatives as follows, to- wit : 
 
 No. 1. The counties of Jefferson, Chambers, Liberty and Or- 
 ange shall elect one Representative. 
 
 No. 2. The counties of Liberty and Polk one Representative. 
 
 No. 3. The counties of Tyler and Hardin one Representative. 
 
 No. 4. The counties of Jasper and Newton one Representative. 
 
 No. 5. The counties of San Augustine and Sabine one Repre- 
 sentative. 
 
 No. 6. The county of Shelby one Representative. 
 
 No. 7. The county of Nacogdoches one Representative. 
 
 No. 8. The counties of Nacogdoches and Angelina one- Rep- 
 resentative. 
 
 No. 9. Houston county one Representative. 
 
 No. 10. Anderson county one Representative, 
 
No. 11. The counties of Trinity, Houston and Anderson one 
 Re present a tire. 
 
 No. 12. The county of Cherokee two Representatives; 
 
 No. 13. The count yof Husk two Representatives. 
 
 No. 14. Panola county one Representative. 
 
 No. 15. Harrison county on.' Representative. 
 
 No. 16. The counties of Harrison and Panola one Ripresi n- 
 tative. 
 
 No. 17. Smith county two Representatives. 
 
 No. 18. Cass county one Representative. 
 
 No. 19. Titus county one Representative. 
 
 No. 20. The counties of Cass. Titus and Bowie two Repre- 
 sentatives. 
 
 N '. 21. Upshur county two Representatives. 
 
 No. 22. Ren River county one Representative; 
 
 No. 23. Lamar county one Representative. 
 
 No. 24. Hopkins count) one Representative. 
 
 No. 25. The counties of Lamar and Hopkins one Representa- 
 tive. 
 
 No. 26. Wood county one Representative. 
 
 No. 27. The counties of Van Zand!, Kaufman and Henderson 
 two Representatives. 
 
 No. 28. Hunt county one Representative. 
 
 No. 29. Fannin county one Representative. 
 
 No. 30. The counties of Fannin and Hunt one Representa- 
 tive. 
 
 No. 31. (Travson county one Representative. 
 
 No. 32. Collin county one Representative. 
 
 No. 33. The counties of Collin and GrayseftJ one Representa- 
 tive. 
 
 No. 34. G-alveston county one Representative. 
 
 No. 3.">. The counties of Galve.-ton and Brazoria one Repre- 
 sentative. 
 
 No. 36. Harris county two i lativos. 
 
 No. 37. The (»un ties of Montgomery, Grimesand Bragos two 
 Representatives. 
 
 No. 38. Walker county one Re] ve. 
 
 No. 39. The cOuntiei if Leon and Madison one Representa- 
 tive. 
 
 • 4<). The counties of Freestone) Limestone and Falls 1 
 Represen atives, 
 
 N ». 41. The counties of Navarro and Hill one Kepreserrta 
 
 tive. 
 
 No. 42. The counties ofEllis, Johnson and Parker two R 
 
44 
 
 No. 43. Tarrant county one Representative. 
 No. 44. Dallas county two Representatives. 
 No. 45. Denton county one Representative. 
 No. 46. The counties of Cook, Montague, Wise, J >ck, Young, 
 Clay, Wichita, Archer, Wilbarger, Baylor, Throckmorton, Har- 
 deman, Knox and Haskell one Representative. 
 
 No. 47. The counties of Matagorda, Wharton and Fort Bend 
 one Representative! 
 
 No. 48. Austin county one Representative. 
 No. 49. Colorado county one Representative. 
 No. 50. Fayette county one Representative. 
 No. 61. Washington county one Representative; 
 No. 52. The counties of Washington and Fayette one Repre- 
 sentative. 
 
 No. 53. The counties of Burleson and Robertson one Repre- 
 sentative. 
 
 No. 54. Bastrop county one Representative. 
 No. 55. Travis county one Representative. 
 No. 56. The counties of Travis and Williamson one Repre- 
 sentative. 
 
 No. 57. The counties of Williamson and Milam one Repre- 
 sentative. 
 
 No. 58. The counties of Caldwell, Hays and Blanco one Rep- 
 resentative. 
 
 No. 59. The counties of Bell and Lampasas o.ie Representa- 
 tive. 
 
 No. GO. The counties of McClennan and Bosque one Repre- 
 sentative. 
 
 No. 61. The counties of Coryell, Hamilton, Comanche, Erath, 
 Brown. Palo Pinto, Buchanan, Eastland, Shackleford, Callahan, 
 Coleman, Jones, Taylor, and Runnels one Representative. 
 
 No. 62. The counties of Calhoun, Victoria, Jackson and De- 
 witt two Representatives. 
 
 No. 63. Lavaca county one Representative. 
 No. 64. Gonzales county on- Representative. 
 No. 65. G-uadalupe county one Representative. 
 No. 66. Comal county one Representative. 
 No. 67. The counties of Gillespie, Kerr, Bandera, Mason, 
 Menard, Kimble and Edwards one fclepresentative. 
 
 No. OS. The counties of Btiriiet, Llano, San Saba, McCullocli 
 and Concho one Representative. 
 
 No. 69. The counties of Goliad, Refugio and San Patricio one 
 Repr. sentative. 
 
 No. 70. The counties of Karnes, Bee, Live Oak, Atascosa^ 
 
^Mullen, Frfp, LaSalle, Zayajla and Dimmit one Reprewhta- 
 
 No. 71. Bexar county two Representatives 
 
 Ma 7:2 The counties of Bexar, Medina, Uvalde,' Dawson, Ein- 
 ney.-and Maverick one representative,, 
 
 No. 73. Cameron county one Representative 
 ta'tfve 74 " Tl!ct:ollnlK ' s,,n;aM1 " i "^ ll " i Hidalgo omKepresen- 
 
 No. 75 tyfeWHOtia of Starr ,nd ZKp%ta oi»* -prrsontativo. 
 -No. Hi. £he counties oi Webb, Nueces, Duval and Kncinal 
 one Representative. 
 No. 77. The counties of.EU ? m and Prewdio-o&e Bepresen- 
 
 Section 4 In thrsrvral RepreseiifcatiTe distripts, composed 
 
 of more counties than one, tl hief justices of the following 
 
 »«»p l ^'"» h ^ ^'" '— *• r. .ur.s and give the certificated 
 o oLaetion to the person resjpectivqly receiving the highest uuni- 
 L>ei oi votes, to-wif ; ° 
 
 The chief justice of Liberty county fop the first and second 
 uiBCncts. 
 
 The chief justice pf Tyler county for die third district 
 lhe chiet justice oi Jasper county for the fourth district 
 lhe chief justice of San Augustine county for the fifth district. 
 lhe chef justice of Nacogdoches couiity for the eighth district, 
 lhe chief justice of Houston county for the eleventh district, 
 lhe chief justice of Harrwon county; for the sixteenth district, 
 lhe chief justice of Cass county for the twentieth district, 
 trict ™ IJ,, l ,ki,lb connt . v for tllu twenty-filth dis- 
 
 The chief justice of Van Zand* county for the twenty-seventh 
 
 The chief justice of Fannin county for the thirtieth district. 
 lhe chief justice of Collin county tor the thirty-third district. 
 
 tric *t chief J U8tlce Ot Galveston county for the thirty-tilth dis- 
 
 ^ The chief justice of Grimes county for the thirty-seventh dis- 
 
 The chief justice of Leon county tor the thirty-ninth district. 
 lhe chief justice of Limestone- county for the fortieth district. 
 lhe chief justice of Navarro county for the lort v -tirst district. 
 trict e ' li(,t « ,ustK ' e ol JohQ son county for the forty-second dis- 
 
 The chief justice of Wise county for t]^ forty-sixth district. 
 ^The chief justice oi \\ harton county forthe Forty seventh dis- 
 
46 
 
 The chief justice of Washington county forthe fifty-second 
 district. 
 
 The chief justice of Robertson county for the fifty-third dis- 
 trict, 
 
 The chief justice of Williamson county for the fifty-sixth and 
 fifty-seventh districts. 
 
 The chief justice of Caldwell county for the fifty-eighth dis- 
 trict. 
 
 The chief justice of Bell county for the fifty-ninth district. 
 
 The chief justice of McClennan county for the sixtieth district. 
 
 The chief justice of Comanche county for the sixty-first district. 
 
 The chief justice of Victoria county for the sixty-second dis- 
 trict. 
 
 The chief justice of Gillespie county for the sixty-seventh dis- 
 trict. 
 
 The chief justice of Burnet county for the sixty-eighth district. 
 
 The chief justice of Goliad county for the sixty-ninth district. 
 
 The chief justice of Karnes county for the seventieth district. 
 
 The chief justice of BeXar county for the seventy-second dis- 
 trict. 
 
 The chief justice of Cameron county for the seventy-tourth 
 district, 
 
 The chief justice of Starr county for the seventy-fifth district. 
 
 The chief justice of Nueces county for the seventy-sixth dis- 
 trict. 
 
 The chief justice of El Puso county for the seventy-seventh 
 district, 
 
 Section 5. " In all Senatorial or Representative districts 
 composed of but one county, the chief justice of that county 
 shall receive the election returns and give the certificate of elec- 
 tion to the Senator or Representative elected." 
 . Passed February 6th, 1860. 
 
 CHAPTER 40. 
 
 ANACTjorihcappomtment of Public U'tighcrs, and pre 
 
 scribing their duties and liabilities. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the Mayor of every incorporated city or town in 
 
47 
 
 tliis State, with the advice and consent of the Common Council 
 or Board of Aldermen, shall haw power to appoint wherever it 
 is required by, the public convenience or the amount of trade, a 
 sufficient number of competent persons, not exceeding six in 
 number, as Public Weighers, who shall hold office for one year, 
 unless soonsr dismissed for incompetence or neglect or abuse in 
 office. 
 
 Sec. 2. Every Public Weigher shall, on his appointment, 
 file in the Mayor's office, a bond in the sum of one thousand 
 dollars, to be approved by the Mayor, conditioned for the faith- 
 ful discharge of his duties as Public Weigher, and he shall also 
 take an oath before said Mayor, faithfully to execute the duties 
 of his office, to weigh fairly all cotton, sugar or other goods 
 which he may be called Upon to Weigh, and make due returns 
 of the same. 
 
 Sec. 3. The Public Weigher shall have no power to appoint 
 deputies. 
 
 SEC. 4. He shall keep and use only accurate standard scale 
 ballances and weights, lie shall Weigh all cotton, sugar, pro- 
 duce or merchandize, which he may be called to weigh, fairly 
 and impartially, with an even beam, and without any deduction 
 whatever for tare, ami shall mark on each, plainly, with ink. the 
 exact weight, with his initials, jffe shall give a certificate of the 
 Weighing thereof, with the marks, numbers and weight of each 
 article weighed, and the order and condition in which it is, and 
 estimate the deduction to which the same should be subject i;i 
 reducing the weight to nett Weight, and stating from what 
 causes. He shall keep an exact re.ord of all weighing done by 
 him, with the same particularity as required in his certificate of 
 weights, which record shall be at all times open to the inspec- 
 tion of any one interested, and he shall deposite the same in the 
 Mayors office on the expiration of his term of office. 
 
 Sec. o, Any Public Weigher who neglects the performance 
 of his duties as prescribed in the preceding section, shah on, 
 complaint to the May or j ( be dismissed by him from office, and 
 cannot be re-appointed. 
 
 &EC, <i. The Public Weigher shall be allowed for each hale, 
 hogshead, 1 arrel, box or package weighed, or other weighing by 
 him. such charge as maybe regulated by the Cejrporatipn of the 
 town or city, or may bq agreed upon with the person for wfrpru 
 he weighs, not,, however, to eXCped eight cents pi r bale fol Cl t« 
 ton, and fiitycen taper hogBhead for sugar, to be paid to him 
 when lie delivers the certificate or memorandum of weighing, in 
 
4S 
 
 accordance with the provisions of this act and not before, and he 
 may retain the thing weighed until he is paid. 
 
 Sec. 7. Nothing" in this act shall be construed to prohibit 
 any one from employing one not a Public Weigher to weigh cot- 
 ton, sugar, produce or merchandize. 
 
 BticV'.S: The act passed 1st September, 1856, entitled an 
 act creating the office of weigher of cotton for certain ports in 
 this State, is hereby repealed. 
 
 Approved February 7, 18(30. 
 
 CHAPTER 47. 
 
 AN ACT to reorganize the court of claims, and to extend the 
 
 time, for the presentation of claims for landagainst tlie Republic 
 
 or State of Texas. 
 
 Section 1, Be it enacted by the Legislature of the State of 
 Texas, That there shall be elected by a joint vote of the Legis- 
 lature, a Commissioner of Claims, who shall hold his office until 
 the first day of January, 18(32. He shall keep his office at the 
 City of Austin, and shall receive an annual salary of two thou- 
 sand dollars. Before he enters upon the discharge of the duties 
 of his office, he shall enter into bond, with two or more good 
 and sufficient sureties, in the sum of twenty thousand dollars, 
 made payable to the Governor of the State of Texas, and his 
 successors in )ffice,conditionedthathe will well and truly discharge 
 all the duties required of him by law, which bond shall be ap- 
 proved by the Governor, and by him filed in the office of the 
 Secretary of State. He shall be allowed one Chief Clerk, to be 
 anpointed by him, who shall receive an annual salary of twelve 
 hundred dollars ; and who, in case of the sickness or absence of 
 said Commissioner, shall perform his duties. If from any cause 
 a vacancy shall occur in said office of Commissioner of Claims, 
 during the recess of the Legislature, the Governor shall fill the 
 same by appointment. 
 
 Skc. 2. After he has complied with the preceeding section of 
 this act, and entered upon the discharge of the duties of his of- 
 fice, the Comptroller shall turn over to him all the books, papers 
 and archives then pertaining to the duties of his office, that 
 were delivered to him by the former Commissioner of Claims on 
 
49 
 
 the 1st September, 18/59 ; after which lie shall perform all acts 
 required by law of the Comptroller, acting Commissioner of 
 Claim© not otherwise provided for. 
 
 Sec. 3. Any person, hie heirs of assigns, entitled to a head- 
 right under the colonization laws of Cosihuila and Texas, or 
 under any law enacted by the Congress of the Republic of Texas, 
 whose right was and is recognized by the Constitution of the 
 Republic or State of Texas, who has not heretofore received a 
 valid grant, certificate or patent, in virtue of said claim, may 
 apply to the Commissioner of Claims, under the regulations pre- 
 scribed in this act, at any lime, before the first day of June, 
 1861, and il entitled, received certificate therefor. 
 
 No person is entitled to apply under the 3d section of this act, 
 unless the individual, in whose right the claim is made, was dom- 
 iciled and resided, continuously, in Texas and the Republic of 
 Texas, from their birth or the time of their emigration, to the 
 time ot the application, except in eases when the individual in 
 whose right the claim is made, domiciled and resided continu- 
 ously, as aforesaid, may have died before or since the first day of 
 January, eighteen hundred and forty-six. The party applying 
 shall prove the existence of every fact necessary under the laws 
 giving the right to establish the justice of the claim, and shall 
 comply with the requirements and provisions of this act. 
 
 Applications for certificates shall first be presented in writing, 
 in openoourt, either district or county court, at some regular term. 
 The application must state the name of the individual in whose 
 right the claim is made, whether he was a citizen, born in Texas 
 or an emigrant. If an emigrant, the time of his or her emigra- 
 tion, the time, place and county of his first fixed resilience, the 
 county or counties where such emigrant has resided, up to the 
 time of making the application, or until the time of his death, 
 if such emigrant has departed this life ; whether such emigrant 
 was married or single, if married, whether the family of such 
 emigrant came with him, or whether they subsequently came to 
 the country and when ; if such emigrant was married subse- 
 quently to his emigration, the application shall state when, 
 where and to whom he was married. If the individual in whose 
 right the claim is made, was a permanent citizen of the Repub- 
 lic of Texas, on the fourth day of January, 1839, claiming, 
 under the 2d section of an act of that date, the application 
 Bhall state the date or time of the birth, or the age of the indi- 
 vidual in whose right the claim is made, the county or place of 
 his fixed domicil on the 4th January, 1839, the county or coun- 
 in which such individual resided up <o the first January, 
 D 
 
50 
 
 1846. If the party be dead, the county where and time when 
 he died. The application shall state that the party in whose 
 right the claim is made, was domiciled and resided continuously 
 in Texas, from the date of his emigration to the time of the 
 application or to the time of his death, and that no valid title, 
 patent, certificate or warrant'has ever been issued in virtue of 
 said claim, and that the claim is a just and subsisting claim, in 
 favor of the applicant, said application shall be signed by appli- 
 cant and sworn to in open Court. 
 
 The testimony of witnesses to establish any claims under the 
 provisions of this act, shall be oral, delivered in open Court, 
 either district or county court, where the application is made or 
 where the witness resides at any regular term, which shall be 
 reduced to writing by the Clerk. In addition to the facts neces- 
 sary to establish the justice of the claim, the witness must state 
 the county, town or city where he (witnes-s) resided at the time 
 oi the emigration or accrual of the right of the party 
 in whose right the claim is made, concerning which he tes- 
 tifies, facts showing his means of knowing the party in whose 
 right the claim is made, the county or counties, where he has 
 resided since his first knowledge or the emigration of such party, 
 the names of prominent citizens of the several counties of his 
 residence with whom he is or was acquainted. The witnesses 
 shall be examined severally and not in the hearing of each other. 
 
 The application must be filed in the county where the appli- 
 cant resides,. and the testimony may be taken there or in the 
 county or counties where the several witnesses may reside. The 
 judges, presiding, shall certify that the application was sworn to 
 in open Court, and that the evidence of the witness or witnesses, 
 was given orally in open Court, and reduced to writing by the 
 Clerk, that the same was signed by the witness, and sworn to in 
 open Court, and that the witness is a credible person ; that 
 when the Court so certifies, the clerk of the court, wherein the 
 proceeding is had, shall record the application and the statement 
 of the witnesses, in a book to be kept by him for that purpose, 
 to be a record in his office. That so soon as the application and 
 testimony is so recorded, the clerk shall seal up the same, and 
 forward it, post paid, to the Court of Claims at Austin, for 
 which service the clerk shall be entitled to a fee of two dollars 
 in addition to the usual recording fee, to be paid by the appli- 
 cant. When the Commissioner of Claims shall receive any such 
 package, he shall docket the claims in a book, to be kept for 
 that purpose, place the papers in proper order, and refer it to 
 the Board created by this act. 
 
31 
 
 $20, 4. That all applications so filed, before any furthci 
 ftqtion shall be taken on the cl iim. the applicant shall pay into 
 the hands of t^te; Commissioner of Claims, two dollars and fifty 
 ■ •cuts, fur the use of the State, I'ov examination of each claim. — 
 That when the application is so tiled, and the said sum so paid, 
 it shall he referred to the Commissioner of the General Land 
 oliice. the Comptroller and the Treasurer, who, together with 
 the Commissioner of Claims, are herefy constituted a Board, to 
 decide upon all cases that may be referred to them, under tic 
 provisions of this act ; who shed! set at the Court of Claims, on 
 the first Monday in each month, and as much oficner as may be 
 
 -sary, who 'shall proceed to examine and decide on 
 claim. Every case presented shall !> decided upon the evidence 
 in writing, hied as aforesaid, and from tie' evidence, among the 
 ho, i 1 ,.;-;. papers ami archives of tiie offiee of Commissioner of 
 Claims. If the said Board he fully satisfied that the parly in 
 whose fight the application is made, was o? is justly entitled to 
 the artiuunj of land claimed, in ^ood faith, find according to law 
 and that no valid till.', certificate;, warrant or patent has ever 
 been issued in virtue of said right, the Commissioner of Claims 
 shall be authorized to issue a eertifla&tofor the amount of the 
 land to which the applicant is entitled, in the name of the party 
 originally entitled, under the seal of his ofliee, and signed by 
 the Commissioner, the certificate to he delivered to the party 
 tiling the application, or his agent. Should the evidence he 
 insufficient to establish the right, the claim shall he rejected. 
 
 Sec. 5i Any grantee of a conditional certificate, his heirs, exec- 
 utors or administrators may apply to the District ■ or County 
 Courts, as provided in the preceding section, for a corresponding, 
 
 minimal Certificate, and shall adduce such proof in support 
 thereof as would have authorized its issuance hy any law in force 
 at any time prior to the first da\ oi' Novemher, 18. jo. The evi- 
 dence shall he taken and returned to the Commissioner of 
 
 ins, in the maimer provided in the foregoing section. It' the 
 
 f be sufficient, the Board may awaul to the applicant, an 
 Unconditional certificate, which shall be issued by tlie Commis- 
 sioner of Chums. 
 
 SEC. 6 Any grantee of a conditional headlight certificate, 
 oi- his heirs, exeiaitors or adminisiratas, may apply, by motion, 
 in writ.ng. to the District Court of the county in which such 
 eiinlitioiial certificate was issued, fa - a corresponding uncondi- 
 tional certificate, which shall he granted by such Court upon 
 such proof, as i would have authorized its issuance by any offi- 
 
 Board or Court of the Republic or Slate of Texas, under 
 
52 
 
 the laws in force at any time previous to the first day of Novem- 
 ber, A. D. 1853, and upon further proof by the certificate of the 
 General Land Office, under his seal of office, that such condi- 
 tional certificate was duly reported to his office by the proper 
 officer, and that no corresponding unconditional certificate 
 appears from the records or files of his office, to have been 
 granted or issued, and upon a like certificate of the Commis- 
 sioner of Claims that such unconditional certificate does not 
 appear, from the records or files of his office, to have been issued, 
 the said unconditional certificates when granted by any District 
 Court, may be issued by the clerk thereof under his seal of 
 office, and attested and approved by the presiding judge, but 
 shall require no other or further approval for location, survey or 
 patent. Provided, however, that no certificate shall issue to 
 any assignee under the provisions of this act. The clerks of the 
 District Courts shall each, at 'the close of every term, report to 
 the Commissioner of the General Land Office all certificates 
 issued by him under the provisions of this Act. The District 
 Attorneys of the Districts in which any such application may be 
 made, shall represent the State therein and the same may, on 
 the motion of the applicant, be taken up and disposed of at any 
 time when the Court is not en<7au;ed in the trial of a cause. 
 
 Sec. 7. Any person entitled to bounty or donation lands, 
 for military services, under the laws of the Republic or 
 State of Texas, who lias not received a certificate, warrant or 
 patent therefor — or their heirs if they be dead, may apply to 
 the Commissioner of Claims, on or before the first day of June, 
 1861, and obtain a certificate or warrant, upon their making 
 affidavit that th&f were in the service and for the length of time 
 for which they apply, and that they were honorably discharged, 
 (if the discharge is lost or destroyed, they shall so state ;) and 
 that they have not received a certificate or warrant for the ser- 
 vice for which they apply ; they shall also prove by the testi- 
 mony of at least two creditable witnesses, who were in the same 
 service, that they performed the service for which the applica- 
 tion is made, and shall prove their residence ; which testimony, 
 as to residence, shall be written in connection with the affidavit 
 of the applicant, and shall state that they know him, and that 
 they saw him sign his name thereto. If the Commissioner of 
 Claims has in his office any corresponding record evidence that, 
 in connection with the testimony filed, satisiies him that the 
 applicant is entitled, he mny is-sue a warrant therefor. If he 
 has no such evidence, he me.y iv!'er the* application to said Board, 
 who shall determine as to the merits of the case. He may, 
 
53 
 
 however, issu ■ warrants to those entitled, who present an hon- 
 orable discharge, properly countersigned^ or a genuine Foe cer- 
 tificate, without any o'her proof than their own affidavit, as 
 above stated ; provided, widows aiad orphans shall not he required 
 to make any affidavit. All testimony taken in accordance with 
 the provisions of this section, (pther than before said Commis- 
 sioner,) if in this State, shall b i bei >re the clprk of the county 
 court where the witnesses .reside ; if out el' the State, it must 
 be taken by an offi ser authorised bv the laws. of Texas to take 
 authentications of instruments for registry in the State of Texas 
 The credibility of the applicant and witnesses shall be certified' 
 to in all eases arising.under this section, 
 
 Sec. 8, The A,ttorney-G-ener,al, when not absent from the 
 Seat of Government qn professional dujtjes, shall appear as 
 Conns, d in behalf of the State, in all eases arising under the 
 :ionsof this net where a majority of the Board 
 may deem it necessary; ami shall, at the request of the Com- 
 missioner of Claims, give an. opinion in writing in all cases 
 touching the public interest (that would be alfeeted by the action 
 of the Commissioner. Should a case be presented for the action 
 of the said 13 »ard, during his absejice they deem it necessary, it 
 may be suspended until his return, or his opinion is obtained. 
 
 SBC. 0. All bounty and d mat ion warrants issued tbr mili- 
 tary services, that have not J ' snted or approved h\ a 
 former Commissioner of Claims, except those issued by a Com- 
 missioner ol Claims, or the Comptroller acting as such, shall be 
 snted to said Commissioner for approval, on or before the 
 Is: day of June, 1861, or the same shall hi.' forever hanvd 
 
 Sec. 10. Whenever a warrant is presented fpr approval under 
 the provisions of this act, said Commissioner of Claims shall 
 register it. stating its number and date; by whom and to whom 
 it was issued, the quantity of land it calls for, the service for 
 which it issued and whether it is a bounty or donation. If he 
 has in his office any record or other evidence; showing that the 
 party was in the service during the time stated in the warranr, 
 and he be satisfied of the genuineness of the signature, and it 
 has not been duplicated, or another issued in lieu thereof, he 
 shall approve it. If there lc no evidence in his otliee that the 
 party served, and he be satisfied that it was issued by an oilieer 
 authorized by law t i issue such claims, or the testimony o\ two 
 witnesses !)'• taken in the manner herein prescribed, proves that 
 it was so issued, he may approve it, When any such warrant is 
 ntedfor registry anc) approval, ana h,e believes it to be a 
 iry, he shall reject it : or if issued to an assignee, and he 
 
54 
 
 believes it so issued, upon a Forged transfer, lie may reject it. — 
 If a warrant is proven as specified in this act, and he has satis- 
 factory evidence in his office that the party has obtained his land 
 before, he shall reject the claim so presented stating fully on the 
 face of each warrant his reasons therefor. And any person 
 aggrieved by the provisions of this section, may bring suit within 
 one year from, the date of such rejection, in the District Court of 
 Travis county, to establish their lights ; to be governed by the 
 rules of evidence in other cases ; and shall make the Commis- 
 sioner of Claims a party to the suit. The State shall be repre- 
 sented by the District Attorney, who shall be entitled to a fee of 
 $20 for every case that is not sustained — to be paid by the 
 plaintiff as costs of suit, for which execution may issue as in 
 other suits. Any warrant so established, shall be presented to 
 said Commissioner of Claims, together with a certified copy of 
 judgment, and a certificate from the clerk that no appeal 
 has been taken to the Supreme Court within the time allowed by 
 law to take appeals, when he shall approve it. 
 
 Sec. II. All claims presented for registry and approval shall 
 remain in the office until final action is taken thereon; they 
 may, however, be sent out under a commission from said officer, 
 in any case where it may be necessary to the establishment of 
 the same. Re shall not reject any warrant until six months from 
 the date of its presentation have passed, unless at the request 
 of the party. He shall have the power to review the action of 
 a former Commissioner, or Comptroller acting as such, where 1 he 
 is satisfied that injustice has been done any party, or that a cer- 
 tificate has been improperly issued. He may approve all gen- 
 uine 1920 acre bounty warrants, in the same maimer as other 
 warrants are approved. 
 
 Sec. 12. Slid Commissioner of Claims shall perform all the 
 duties of the Adjutant General, under the provisions of the 
 "act for the relief of the heirs of those avIio tell with Fannin, 
 Ward, Travis, Grant and Johnson," approved February 9th, 
 1850. He may also issue to said heirs bounty and donation war- 
 rants, upon the same proof that authorizes the issuance of head- 
 right certificates, as provided for in said act ; provided, however, 
 that no certificate shall hereafter be issued under provisions 
 of said act, unless the applicant shall prove his residence by the 
 testimony of at least two credible witnesses : and provided, also, 
 that no certificate shall be issued to an assignee under said act. 
 
 Sec. 13. The Commissioner of Claims shall perform all the 
 duties of the Adjutant General under the provisions of the two 
 acts authorizing the issuing of duplicate "land warrants. 
 
55 
 
 discharges and certificates of headright claims upon certain condi- 
 tions," approved January 14, 1840, and 11th May, 1845: pro- 
 vided, the applicant for a duplicate shall comply with all the 
 requisites prescribed in two said acts, and shall prove by the 
 testimony of at least two credible" witnesses, or other satisfactory 
 evidence, that the original warrant which is said to be lost, did 
 in fact exist, and that it lias not been returned to the General 
 Land Office. Or if said Commissi! aim- has in his office evidence 
 that would have authorized the issuance o\' the original, he may 
 issue a duplicate without proving the existence of the origidal 
 farther than by his own oath : provided, that no duplicate ot a 
 Poe certificate, or oi' a discharge shall be issued : provided, also, 
 that if two or more persons own any headriglit or other claim so 
 lost, whether application for a duplicate be made to the Com- 
 missioner ol Claims or the Commissioner of the General Land 
 O.lie e, it shall not be indispensable for all of them to make alb- 
 davit of its loss, and of their respective portions, unless there is 
 reason to believe that fraud is intended. 
 
 SJEC. 14. The Commissioner of the General Land Office shall 
 not issue a patent upon any bounty or donation warrant required 
 by this act to be approved, unless the same has been approved. 
 He shall not issue a patent upon a bounty or donation warrant 
 issued to an assignee since the 24th day of November, 1851, 
 until two years from the date of its approval shall have elapsed, 
 except by order of a decree of a court of competent jurisdiction 
 to try the rights of the grantee and assignee. 
 
 Sec. 15. All oral evidence submit ted to said Commissioner 
 of (Maims, shall be reduced to writing, and signed by the party 
 giving it. and shall then be sworn to 1 elbre said Commissioner, 
 or his Chief Clerk, who shall be authorized to administer oaths 
 in all cases required in the discharge of the duties of their office, 
 and all such evidence, and all testimony issued before said Com- 
 missioner, shall be by him preserved and filed. 
 
 Sec. 16. That said Commissioner of Claims shall report 
 monthly to the Commissioner of the General Land office, a 
 descriptive lis! of all certificates which he has issued and 
 approved for the month previous, and he shall annually make a 
 report, on the first day of September, to the Governor, of the 
 number and description of certificates that he has issued and 
 approved for the year previous. 
 
 DEC. 17. He shall demand and receive a fee of one dollar 
 for each duplicate he may issue, two dollars for each certifi 
 
 to'a Railroad company, five dollars for each certificate >^ a 
 
 league or over, three dollars for each certificate of twelve hnn- 
 
56 
 
 dred and eighty acres or over that amount and less than one 
 league, and two dollars for each certificate for less than 1280 
 acres that he may issue, whether headrights, bounties or dona- 
 tions ; and all copies furnished from said office shall be charged 
 for at the rate of 15 cents per hundred words, and 5.0 cents for 
 the certificate and seal ; and shall account for and pay over all 
 such fees quarterly to the State Treasurer. 
 
 Sec. 18. That said Commissioner of Claims shall hereafter 
 issue all land certificates to Railroad companies, which the 
 Commissioner of the General Land office or a former Commis- 
 sioner of Claims was authorized to issue under any law of the 
 State, and all applications for such certificates shall hereafter be 
 presented to the said Commissioner of Claims in the same man- 
 ner that they were heretofo re required to be presentel to tho 
 Commissioner of the General Land office. 
 
 Sec. 19. The said Commissioner of Claims shall not act as 
 the agent of any person for the prosecution of a claim of any 
 description against the Republic or State of Texas ; nor as the 
 agent of any person in locating lands or procuring patents for 
 land ; nor as the agent in and about the, registry, approval or 
 issuance of any land certificate ; nor shall he hereafter purchase 
 any interest in any claim for land, requiring his approval, or for 
 money against the Republic or State of Texas ; and if he shall 
 violate any of the provisions of this section, he shall, on con- 
 viction therefor, be fined in a sum not less than two thousand 
 dollars, and shall thereafter be ineligible to hold any office in 
 this State. Nor shall any of the clerks employed in said office, 
 act as the agent of any person about the approval of any claim, 
 nor as the agent of any one in locating lands or the issuance of 
 any certificate, nor shall they purchase any interest in any claim 
 requiring the approval of said Commissioner, nor for any money 
 against the Republic or State of Texas ; if any one shall violate 
 any of the provisions of this section, he shall, on conviction 
 therefor, be fined in a sum not less than five hundred dollars, and 
 shall be dismissed from office. 
 
 Sec 20. That said Commissioner of Claims shall also per- 
 form the duties imposed upon the Auditor by the provisions of 
 an act to provide for ascertaining the debt of the late Republic 
 of Texas, approved March 20th, 1848, so far only as to audit 
 claims for military service, in the same manner and under like 
 restrictions : and every person having a claim against the 
 Republic of Texas, for such service, shall present the same to 
 the Commissioner of Claims and Comptroller of Public Accounts 
 on or before the first day of June, 1861, or the same shall be 
 forever barred. 
 
57 
 
 Sec. 21. Wlion any claim is presented to said officers, under 
 the provisions of the next preceding section, it' the party shall 
 present to said officers such vouchers ami proof in support 
 thereof, as would have permitted it to he audited under the law 
 of the Kcpublie of Texas, they shall jointly receipt for the 
 same under their hands and seals of office. Betting forth the par 
 value thereof, at the time accrued, the name of the person to 
 whom it accrued, the date and amount thereof; and sueli 
 receipts shall he paid by the State Treasurer whenever an appro- 
 priation is made therefor. 
 
 Sec. 22. That said Commissioner shall procure and use a 
 seal similar to the one heretofore used by the Commissioner of 
 Claims, for the authentication of all instruments of writing 
 emanating from his office, 
 
 Si:e. 23. That all the postage incident to the correspondence 
 of s aid Cmrt, shall be paid by tin' State, in the same manner 
 and under the same regulations as that of other officers oi' 
 the State. 
 
 Sec. 24. All original applications, either for hcadrights or 
 military lands, not presented to said Commissioner of Claims 
 on or before the fust day ot June, 1861, shall be forever barred- 
 
 Skc. 2j. That on the first day of January, 18G2, the Com- 
 missioner of Claims shall deliver to the Comptroller all the 
 books, papers and archives, in and belonging to the office of 
 Commissioner of Claims, that wen 1 heretofore archives of the 
 Auditor's office ; and to the Commissioner of the (. -lateral Land 
 oi'tiee all other papers, b loks and archives belonging to the office 
 of Commissioner of Claims, and the same shall become a part 
 of the ai chives of their respective offices. 
 
 Sec 26. That all laws and parts of laws conflicting with 
 this act, be and the same are hereby repealed ; and that this act 
 take effect and be in force from and after its passage. 
 
 Approved February 7, 1SG0. 
 
 CHATTER 48. 
 
 AN ACT creating the county of Marion^ and providing /or 
 the holding <y* //<<■ District Courts therein. 
 Section 1. Be it ti<'ic/<>/ by the Legislature of the State "J 
 
 Texas, That from and after the passage of this act, all that por- 
 
58 
 
 tion of the territory included in the following limits, to-wit : — 
 Beginning at the South East corner rjf Cass county, and running 
 thence North with the East boundary line of said county of 
 Cass, thirteen miles; thence dueWest to Big Cypress Bayou in the 
 county of Titus, and thence with the mcanderings of saifl Bayou 
 in a South Eeasterly direction, to- the North West corner of 
 Harrison county, and thence down said Bayou with the North 
 line of Harrison county to the place of beginning, be and the 
 same is hereby created into, and is hereby constituted a separate 
 county, for judicial and other purposes, and shall be vested with 
 all the rights and privileges exercised and enjoyed by the several 
 counties of this State, and shall be called the county of Marion. 
 
 Si:e. 2. That the town of Jefferson 0:1 Big Cypress Bayou, lie 
 and is hereby made the seat of justice or county site of said 
 county, and that the District and County Courts shall be holden 
 at that place, and the officers of said county be governed by the 
 laws pertaining to the several counties of the State, relative to 
 the holding of their office and all other things pertaining to their 
 duties. 
 
 Sec. 3. That D. S. McKay, James T. Sharp and Eli Moore 
 be and are hereby appointed Commissioners, with full power and 
 authority to organize the said county of Marion, and it shall be 
 their duty, as soon as practicable after giving the notice as 
 required l>y law, for the organization of new counties, to open 
 and hold an election for Chief Justice, County Commissioners, 
 Sheriff, Clerks of cne District and County Courts, and all other 
 officers directed by law, for the other counties of this State, and 
 said Commissioners shall receive, for the use of said county of 
 Marion, any donation or donations of lands for public use, ami 
 that so soon as the said county is organized, they shall make a 
 report in full of all their actions performed as Commissioners, to 
 the County Court of said county of Marion, and turn over to 
 said Court all the papers pertaining to said organization, as 
 records of office, of the said County Court. 
 
 Sec. 4. That the Commissioners appointed by this act shall, 
 before entering upon the duties of their office, take and subscribe 
 to an oath, before some Justice of the Peace of Cass county, for 
 faithful and impartial discharge of their duties ; and said Com- 
 missioners are hereby authorized and empowered to qualify the 
 first Chief Justice, and other officers of said county. 
 
 Sec. 5. That said county of Marion shall be and constitute 
 a part of the Eighth Judicial District of this State, and the 
 first term of the District Court shall commence therein on the 
 second Monday before the first Motility in August, 1860, and 
 
50 
 
 may continue in session two weeks, anil that the District Courts 
 in said county, shall commence, thereafter, on the Becond Mon- 
 days before the first Mondays in February and August, an I may 
 continue in session two weeks. 
 
 SEC. 6. That after the organization of said county, the County 
 Court may take measures to havo" so much of the records of 
 the Cottnties of Cass and Titus, as pertain to the territory of 
 paid cotmU of Marion, transcribed Fur the use of said county tA' 
 Marion, anti have the same properly authenticated by the Clerks 
 of each of s\iid counties, and when the same is done, said records 
 shall be good and valid to all intents and purposes, as the 
 records of oiher counties of this State. 
 
 . 7. That when any suits now pendinjrin either of the tjoiro- 
 ties of Cass orTitus, that would be proper in accordance with exist 
 Mig laws of this State to be brought in said county of Marion, 
 may be transferred to said county of Marion, by consent of all 
 of the parties to said suits, provided, that said county ot Marion 
 shall not be taxed with any costs accrued thereon prior to the 
 passage of this act. 
 
 Sec. 8. That this act bo in force from its passage. 
 
 Approved Februarys, 1860. 
 
 CHAPTER 40. 
 
 AX ACT to appropriate the sum of four thousand dollars in 
 addition to the sixty thousand dollars for the support <>/' tin 
 Ranging Companies commanded by Capts. JohnS }'<■>■</, 
 John Henry Brown and James Bburland. 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the sum of four thousand dollars be appropriated, 
 in addition to the sixty thousand dollars appropriated January 
 12, 1 60, for the support of the Ranging Companies -commanded 
 by Captains Ford, Brown and Bourland, and that this act take 
 effect and be in force from and after its passage. 
 Approved February 8, I860. 
 
60 
 
 CHAPTER 50. 
 
 ■ 
 AN ACT to restore land sold for taxes, and purchased by the 
 
 State, to former oicners, on certain conditions. 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the former owner of lands that have been sold for 
 taxes, and purchased by the Slate, shall have two years from 
 and after the first day of February, 1862, to redeem the same 
 upon payment to the assessors and collectors of taxes, of the 
 eternity wherein the land lies, or to the Comptroller of the State, 
 of all arrearages of taxes unpaid, with fifty per centum on ull 
 taxes that are or should be duo on such lands, had the former 
 owner continued to own and give in the same for taxation, and a 
 fee of two dollars for the assessor and collector who made the 
 sale, for his servicesT And it shall be the duty of the assessors and 
 collectors, or the Comptroller, as the ease may be, in receiving 
 such payments, to compute I h e ralue of lands, that have been 
 sold for taxes and have remained unassessed for any number of 
 years, in accord m se with the value of lauds lying in the vicinity 
 of such land so sold and purchased by the State. 
 
 Bec. 2. The assessor and collector shall make a separate 
 quirt rly return to the Comptroller, specifying the lands 
 •mod, as herein provided, and the amount of taxes collected, 
 thereon, which tax he shall pay into the State Treasury, as 
 required for the payment of other taxes. The certificate of the 
 ssorand collector or the Comptroller, as the case maybe, 
 shall be sufficient evidence that the lands have been redeemed, 
 and the former owner restored to all the rights he possessed in 
 such lands, prior to the sale of the same for taxes. 
 
 Bec. 3. This act shall take effect and be in force from and 
 after its passage. 
 
 Approved 8th Feb'y, 18G0. 
 
 CHAPTER 51. 
 
 AN ACT snpplcmetary to an act supplementary and amenda- 
 tory of an act to regulatr Railroad Companies, approved 
 February 7th, 1853, approved December 19th, 1857. 
 Section 1. Be it enacted by the Legislature of the State of \ 
 
 Texas, That no Railroad Company shall issue any shares of 
 
61 
 
 stock in said Company, except at its pef value ami to actual 
 subscribers who pay, or become liable to pay the par value 
 thereof 1 ; and every Officer or Director of a Railroad Company, 
 wlio shall issue, or consent to the issue of any share of stock in 
 violation <»f this provision, shall become personalty liable to 
 the stockholders an I creditors of said company, for the full par 
 value thereof ; Provided, however, fch ;t any company may pro- 
 Vide in its By-Laws for the issue of certificates of stock in pay- 
 ment of any debt contracted for the' construction or equipment of 
 its road, ami any bona fide indebtedness 
 
 Sec. 2. That no Railroad Company heretofore chartered, or 
 which may hereafter be chartered by this State, shall enter upon, 
 except fjr a lineal survey, any real estate whatever, the same 
 being private property, for the purpose of taking and condemn- 
 ing the same, for any purpose that may b« authorized by its char- 
 ter, until the said company shall agree with and pay the owner 
 thereof all damages thai may be caused to the lands and prop- 
 erty of said owner, by the condemnation of said real estate and 
 property, ami by the construction of such road : Provided, that 
 if said company and said owner or owners cannot agree upon the 
 damages, it shall lie the duty of said company tostate in writing 
 the real estate and property sought to be condemned, the name 
 o{ t lie owner, the object for which the same is sought to be con- 
 demned, and tile the same with the Chief Justice of the county 
 in which said property is situated, and thereupon the Chief Jus- 
 tice shall appoint three disinterested freeholders of said county 
 as special Commissioners to assess said damages, giving prefer- 
 ence to those that may be agreed on between said company and 
 Said owner; audit shall be the duty of said Commissioners 
 when sworn by the Chief Justice, to assess said damages ; taking 
 as the rule of assessment the damages so done the real estate and 
 property of said owner, by the construction of said Railroad 
 and by the condemning of said real estate and property for the 
 use aforesaid. And the said commissioners shall proceed thus : 
 They shall appoint a day and place at the earliest practicable 
 period, fa- hearing said parties — they shall on the day and at 
 the place appointed, fully hear said parties ; they shall if they 
 Bhoosc, examine the land and property sought to be condemned, 
 and then under oath assess by the rule before mentioned, the 
 lamagcs— it being the duty o( said company to give to the 
 nvner five days written notice before the sitting of said Com- 
 missioners ; and if either party be dissatisfied with the decision 
 )f said Commissioners, he or they shall have the right' to file a 
 • ition in the District Court, as in ordinary cases, reciting the 
 
62 
 
 cause of action, and the failure to agree, and such suit shall 
 proceed to judgement as in ordinary cases. That the costs of 
 the proceedings hefore the Commissioners and in the Court, shall 
 be determined as follows, towit : 
 
 If the said Commissioners shall award greater damages than 
 the said company offered to pay before the proceedings com- 
 menced, or if suit is commenced in the District Court under the 
 provisions of this act, and the judgment of the Court is for a 
 greater sum than the amount awarded by the Commissioners, 
 then the said company shall pay all costs ; but if the amount 
 awarded by said Commissioners as damages, or if the judgment 
 of the District Court shall be for the same or less amount of 
 damages, than the amount offered by the company before pro- 
 ceedings were commenced, then the costs shall be paid by the 
 owner of the property : and further provided, that the award of 
 the commissioners and the judgment of the District court shall 
 operate as a lien upon the Road-bed-track, to secure the payment 
 of said award of judgment, and upon filing the amount of the 
 award of the commissioners made under the provisions of this 
 act, in a court having jutisdietion, of the amount thereof, such 
 Court is empowered and hereby required to issue an execution 
 therefor, as in cases of judgment ; and in case the final condem- 
 nation is made by the District Court, said court shall enter a 
 judgment for the amount thereof, and order execution there- 
 upon : and further provided, that in case either party may be 
 dissatisfied with the deeission of the Commissioners, the Rail- 
 road C nnpany, by depositing the amount of the award of the 
 Commissioners, or filing a bond with good security, in double 
 the amount payable to the owner of the land, with the Clerk of 
 the District Court of the county in which the land is situated, 
 to abide the final decision in the case, may proceed with the 
 construction of their road, as if there was no controversy exist- 
 ing. In cases where lands belonging to non-residents or persons 
 unknown, are sought to be taken by any Railroad Company in 
 the construction of its work, the notice may be served on them 
 by publication for four weeks in the newspaper nearest to the 
 county in which the land is situated, and service so made shall 
 be effectual as if served personally. 
 
 Where the lands are owned by minors, the service may be on 
 their guardian, and the land taken as in other cases. 
 
 Sec. 3. That each and every Railroad Company be and is 
 hereby required to erect at each and every depot, station or place 
 established by such company for the reception and delivery of 
 freight, suitable buildings or inclosuresto protect produce, goods, 
 
G3 
 
 wares and merchandise, and freight of every description, from 
 damage by exposure to the weather, stock Orothi rwise, in default 
 of which, such Railroad Company shall be; liable to the owner 
 of such produce, goods, waree or merchandize, for the amount 
 of damages or loss sustained by reason of such improper expo- 
 sure, together with all cos'.s and expenses of recovering the 
 same, including necessary attorneys' fees ; provided, that Kail- 
 road Companies shall in no ease he allowed to charge storage 
 upon freight received by them for delivery, unless the owner or 
 owners, consignee or consignees thereof neglect to remove it from 
 the depot oi' the Company, within three days after notice of its 
 >;ion, which notice may be giveu by posting the same on the 
 depot door, and after the expiration of such time the company 
 may remove and store said freight at the expense of the owner or 
 consignee, and said freight shall he held liable for the freight 
 and charges due thereon. 
 
 Sao. 4. When the Consignee or owner oi^ any goods or 
 articles, transported on any Railroad, which are perishable, and 
 which remain in possession of the company, cannot he found, or 
 refuses to receive the same, or pay the charges, of neglects to do 
 bo for an unreasonable time, application may he made, by the 
 company, or its agents, to any Justice of the Peace, or to the 
 Mayor or Chief Magistrate o( any incorporated town for an 
 order oi sale, and if it shall he made t<> appear to such Justice 
 or Mayor that the --oods have been transported by the company, 
 and are perishable in their nature, and that the consignee or owner 
 cannot he found, or refuses or neglects to pay the costs and 
 charges of transportation, or to receive the gOods, lueh Justice 
 or Mayor shall issue an order under his hand and official signa- 
 ture, directed to the Sheriff, or any Constable or Marshal of 
 the town, directing the sale oi' the goods at public vendue, at 
 such time as the Justice or Mayor may direct, and out of the 
 proceeds of Bale, to pay all costs which have accrued in pro- 
 curing the order, making the sale, and the charges on such goods 
 for their transportation, and should there he a halance left, it 
 shall he paid into the county treasury, and the owner ol' such 
 BO >'is may receive fit same out of the treasury on tin; order of 
 she County Court, if applied for iu two years, hut not after- 
 wards. 
 
 . 5. That each and every Railroad Company whose rail- 
 way passes through a held or enclosure, is hereby required t'> 
 place a good and sufficient cat lie guard or stop, at the points oi' 
 entering and learing such field or enclosure, and keep.them in 
 good repair ; ami in case an en ilosure or field through which a 
 
64 
 
 Railway passes, shall bo enlarged or extended, or the owner of 
 the land over Which a Railway runs, shall clear and open a field 
 so as to embrace the track of a Railway ; such Railroad Com- 
 pany is hereby required to place cattle guards or stops at the 
 margins of such extended enclosures or fields, or such new fields, 
 so as to protect such fields and enclosures from the depredations 
 of stock of every description ; in default of which, the owner or 
 owners of such field or enclosure, is or are hereby empowered to 
 have such cattle guards or stops placed at the proper places, to 
 protect their enclosures, and may recover the costs thereof, trom 
 such Railroad Company, unless it is shown that the enlarge- 
 ment or extension, as above, is made capriciously and with 
 intent to annoy and molest the company. 
 
 Sec. G. That each and every Railroad Company in this 
 State, shall be liable to the owner, for the value of all stock 
 killed or injured, by the Lcomotives and cars of such Railroad 
 Company, in running over their respective Railways, which may 
 be recovered by suit before any Court having jurisdiction of the 
 amount. If the Railroad Company fence in their road, they 
 shall only then be liable in cases of injury resulting from the 
 ■want of ordinary care. 
 
 Sec. 7. That if any officer of any Railroad Company char- 
 tered in this State, shall become secretly interested, directly or 
 indirectly, in any contract entered into and made by said com- 
 pany, with any person or persons whatsoever, for the construc- 
 tion of said road, the furnishing of materials, work and labor 
 necessary to erect and construct such road, or the furnishing the 
 rolling stock for such road, or any other contract for the success- 
 ful operation of such road, upon conviction before a Court of 
 competent jurisdiction, shall forfeit and pay the sum ot not less 
 than one thousand nor more than five thousand dollars for the 
 use of this State. 
 
 Sec 8. Stock issued within thirty days before any stock- 
 holders' meeting, shall not entitle the holder to vote thereat, 
 except at the first stockholders' meeting under their charter, for 
 organization ; nor shall any stock be voted upon except in pro- 
 portion to the amount paid thereon, or secured to be paid, by 
 good security, in addition to the subscription and stock. 
 
 Sec. 9. Be it further enacted, That if any Railroad Com- 
 pany, heretofore or that may hereafter be chartered in this State, 
 shall exact, demand and receive any highea or greater rates of 
 freight than is or may be allowed by law, or tne provisions of 
 their respective charters, to such company, for the transporta- 
 tion of freights, such company shall forfeit and pay to the 
 
G5 
 
 owners of such freight, for each and every such overcharge, tho 
 sum of ten dollars to be recovered before any Justice of the 
 Peace in the county where BUeh company may haw their prin- 
 cipal office for the transaction of business, in an action of debt 
 by any person whose freight may have been so overcharged, his 
 agent or attorney ; and that the receipt for the amount of 
 freight paid, given by aay agent, conductor, clerk or other 
 employee or operative oi' said company, or of any person acting 
 in any such capacity, shall lie prima Jacic evidence on the trial 
 of such suit, that said company made the charge ami exacted, 
 demanded and received the sum therein stated. Provided, that 
 said company may exact for each and every parcel or parcels, 
 package or packages, o\' less than two hundred pounds in weight 
 for which they may he required to give a separate receipt or hill of 
 lading, the same sum that they would be entitled to charge if 
 such parcel or parcels, package or packages was of such weight. 
 
 Sec. 10. That the right of way seemed, or to be secured to 
 any Railroad Company in this State, in the manner provided by 
 law, shall not be so construed as to include the fee simple estate 
 in lauds, either public or private, nor shall the same be lost by the 
 forfeiture or expiration of the charter, hut shall remain subject 
 to .in extension of the charter, or the grant of a new charter 
 over the same way, without a new condemnation. 
 
 Bko. 11. That any Railroad terminating on the Eastern 
 boundary of this State, may connect with any Railroad or Kail- 
 roads which will connect it, or them, with the Mississippi river, 
 Upon such terms as the parties concerned may agree: Provided 
 such agreement shall not be in contravention of this or any 
 other General haw regulating such corporations. 
 
 Sec. 12. When any company refuses or neglects to draw 
 over its road, the ears of another company connecting with it, 
 such company connecting with ill may draw its cars over such 
 mad. with its own engines, during such refusal or neglect, sub- 
 Ject, while on such road, to its regulations, for the management 
 oi its own trains. 
 
 Sec, 13. The point at which the mad of two companies 
 intersects or connects is declared to he a depot for the receipt and 
 delivery of freight, and the companies must receive, cany and 
 deliver freight and passengers to and from the same, under the 
 .same regulations and the same penalties as in other cases, 
 
 Sec. 14. When a company const ruefk a switch on its road 
 for the accommodation of freighters, they shall he humid t<> fur- 
 nish a sufficient number of cars for the transportation of freight 
 therefrom, when requ< todo, and in default so to do, shall 
 
 E 
 
66 
 
 I feo the same penalties as in ether cases of neglect of 
 the like character. 
 
 Sec. 15. That all Railroad Companies, which h..ve not befo- 
 re made the annual reports to the Comptroller of the State 
 arid the Commissioner of the General Land Office, shall have 
 anti] the first of June, 1SG0, to make such reports, and all Rail- 
 road Companies shall make such reports hereafter, on the firei 
 day of June, annually, aucl any company hereafter failing- to 
 make such annual report, after sixty days notice from the Comp- 
 troller or Commissioner of the General Land Office, shall forfeit 
 ail right to receive any lands which may have been granted to 
 them by fcheSi charter or otherwise ; the Companies shall make 
 their reports according to the forms which shall be furnished 
 them by the Comptroller and the Commissioner of the General 
 Land OUice. 
 
 Sec. l'l. That the Railroads of this State, beginning or ter- 
 minating at. or passing through any city or town, shall be and 
 feme same are hereby required to connect so as to allow the cars 
 of one to pass over the track cf another, and for the purpose of 
 forming such connections, the company or companies of such 
 Railroad or Railroads shall have the right to enter upon and use 
 any public street, alley or highway in such city or town, for the 
 track or its or their road or roads, without compensation, in 
 a -'irdance with the provisions mentioned in the following sec- 
 tion. 
 
 Sec. 17. That if any Railroad Companies shall be unable to 
 agree as to the point or points at which such connection shall be 
 made, or if the people or authorities of such, city or town oppose 
 the passage of any road through or over any particular street or 
 high way, then and in that case it shall be the duty of the State 
 hieer, or such other person as the Governor may appoint, on 
 the application of any Railroad Company, upon being notified 
 of the fact, by any one of the companies or by the authorities of 
 : city or town, to proceed to designate the point or points at 
 which said connection shall be made, and also the streets, alleys 
 and highways through and over which such road or roads shall 
 pass : Provided, that in the selection of streets or highways, a 
 due regard shall be had to the commercial interests and conveni- 
 ence of such city or town, and no main business street or thor- 
 oughfare shall he appropriated for a railway track, if another may 
 conveniently be made to answer. 
 
 Sec. 18. That to form such connection, the companies or 
 any otf them shall have the right to enter upon, and use the 
 porperty of any private individual or corporation, upon making 
 
67 
 
 jnst compensation therefor, in accordance with the terms of the 
 charter of any bneof the companies Peking to use the same^ or 
 of the provisions bfany Glei raJ Law providing that private 
 property may be appropriated for highways 6f for public uses. 
 Seo. I'.'. Thai ich cdmiections shall be borne 
 
 illy by the several roads required to make the connections, 
 and any Railway Cosffpany railing or recusing to make its por- 
 tion of the co ion herein requi ithiu twelve months 
 from the time <>f being notified by any ether company, of its 
 readii tifltection, tiniest prevented by delays 
 the right i >f rfeit all claim for land by 
 virtue of any act of llhe Legislature bf the Btate oflN 
 
 donationa of land to iori of 
 
 hall he lia! ' v. ly suit at law, 
 
 ■ -I proportions of the costs of such connect] 
 
 >. That if 1 or arfthurities of any city or 
 
 '1 forcibly obstruct or of any Kail- 
 
 road through any street, ?ay or alley which 
 
 ■■ such other 
 ofooiirt to form such connection, 
 they shall be liubte in due any or all ;es. 
 
 •. 21. Thai • Cianj.nny duly eltarti re«l by the 
 
 fcvws "f this - t the main 
 
 of its road tferottghthe corporate limits of any eilyor town 
 in this State, which may be in the line (Sf said Railwiy, and for 
 y use any of the public streets, alleys and high- 
 of such city | rivaie property, in the same d 
 
 e rules and regulations mentioned in 
 ixteeuth section of this act : Provided, that the company 
 owning said road shall pay the damages for any "private pro] 
 . ' it shall u 'J- be required to pay any dan 
 
 - highwl ken oi I iken and 
 
 : and further provided, that if the paseage of said fine d' 
 road I brough or ow r any public street . alley or highWay of such 
 r town shall be opposed < : ' obstructed by the people" or au- 
 thor] snch city or. town, after the same shall ntave been 
 ed by tb ineer or such rX/her pei the G-ov- 
 r may apj ad id that case such y in its 
 discretion may select thb line of its road so a* to] and 
 said bown^in which cti '1 have theright I --nit, 
 ■h city or town, dame • .. d 
 
 ies of at >wn throu 
 
 h any 11 liln May 
 
C8 
 
 . in accordance with the provisions of this act, shall he and 
 they are authorized to regulate the speed at which such earn 
 shall be run : Provided, the maximum speed shall hot exceed six. 
 nor thi- minimum he less than four miles per hour; to require 
 that the companies shall have signal men with flags or signals at 
 the tfroaeiags of ail the^principal streets, and that the locomo- 
 tives shall b" provided with spark catchers ; and to generally 
 require of the said companies such measures of precaution in 
 running their locomotives and cars through such streets* alleys 
 and highways as in their opinion may he necessary to secure the 
 safety of the inhabitants and property ; Provided, the authori- 
 shall not have the right to prohibit the passage of the loco- 
 motives and cars over any portion of the track. 
 
 Sec. 23. That no Kail road Company in this State shall for* 
 feit its franchise, rights or privileges, arising under its charter, 
 or under any General or Special Law, so far as relates to the 
 actual extent of read completed, by reason of a failure to com- 
 plete twenty-five miles each and every year, or any other extent 
 of road, required to he completed within a given time ; Pro- 
 vided, as much as twenty-five miles of the road shall be com- 
 pleted before Forfeiture is incurred. 
 
 Sec. 24. That all laws and parts of laws inconsistent with 
 the provisions of this act, are hereby repealed ; and that this act; 
 take effect and be in force from and after its passage. 
 
 Approved Sth Feb'y, I860. 
 
 CHAPTEK 52. 
 
 AN ACT to amend the third section of on act to encourage the 
 construction of Haihoads in Texas, bg donations of land 7 
 approved J an na.ru 30t//, 1854. 
 
 Section 1. Be, it enacted by the Legislature of the State of 
 Texas, That the third section of the above entitled act shall 
 hereafter read as follows : " That surveys made under the pro- 
 visions of this act shall be in sections of six hundred and forty 
 acres each, unless prevented by previous surveys or navigable 
 streams, which surveys shall be delineated upon a map or maps 
 which shall be deposited in the General Land Office with the 
 field notes thereof, and it shall be the duty of the Commissioner 
 of said office to number said surveys from one upwards to the 
 full amount returned, and shall repeat the result of such num- 
 berings to the Surveyor of the land district in which such but- 
 
C9 
 
 s arc situated, and the even numbers shall bo reseEred to the 
 fcfcate, and the odd sections granted to the company having such 
 surveys made: Provided, that Bio location shall be made unless 
 at least two surveys, connected with each other, can be obtained 
 which shall be mad- and counted as to quantify, in accordance 
 with the seventh section of this act ; and that the company 
 shaU not obtain dv greater number < 
 tions, in any one place, than are surveyed for the State. 
 Approved February 8« I860, 
 
 CilAPTER 53. 
 
 : ;.iX A(T common schools. 
 
 Sei ti > v : 1. Be it < ■■'■■•'■ b d bv th< L< gwlgfure of tin State of 
 Texan, That when making the annua! apportionment of the 
 school fund, it shall be the duty ol the County Court of each 
 bounty to require ot each teacher who claims any money on 
 •nt of the tuition of indigent children, to produce a certifi- 
 signed by two respectable paying patrons of Ids school. 
 Stating that the children reported as indie. M!t. are children whose 
 parents or guardians are unable to pay, or orphans whoso toi- 
 ls unpaid, or are the children of widows who have no 
 ter amount of property than is se'eured by the Constitution 
 and laws for forced sale. And unless upon Buch certificate no 
 money shall be allowed or paid. 
 
 Sec. 2. No Chief Justice shall be allowed to make any 
 charg ■ by way of commission or otherwise against the school 
 fund, for his s in relation to the same. 
 
 S '. 3. This act shall take effect from and after its passage. 
 Approved February 8, 1SG0. 
 
 CHAPTER 54. 
 
 give 
 
 vty of this Sa county surveyor, 
 
 ■■< I . li ■■!■''•■ 
 
 inized c fail or reftw 
 
70 
 
 • ■ ■ - ■ ■ telaad district -according to. the provisions &S 
 the ab ive recited act, shall continue to form apart of the land 
 district to which it was formerly attached, until it shall have 
 complied with the provisions of the afosesaid act. 
 
 Sid 2. That id any unorganized county to which a special 
 deputy surveyor may have been appointed or may hereafter -be 
 appointed under the provisions of the act to which this is a sup- 
 plement, the District Surveyor of the land district to which it 
 la attached or his deputies may make surveys, the field notes of 
 whirl: ihall be recorded in a separate book for each of such 
 unorganized counties and also in the -ordinary record books of 
 the land district. 
 
 Sec. 3. That the District or County Surveyor of any county 
 shall have the power to appoint a special deputy who shall be 
 empowered to perform all official acts which said District cr 
 County surveyor may legally perform, and that the said special 
 Deputy Surveyor, before entering into the discharge of his 
 diitif s 3 shall give bond, with two or more securities, in the sum 
 of five thousand dollars, payable to the Governor of the State, 
 for the faithful discharge of the same. 
 
 Sec. 4. That this act take effect and be in force from and 
 after its passage. 
 
 Approved February 8, I860. 
 
 CHAPTEE 
 
 DO. 
 
 AN ACT to amend the sixth ahct seventh sections of an act enti- 
 tled " a'i ■' . ■■: ,'nJ'itiiKj sequestrations." approved March 15, 
 
 18. 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the sixth section rrf an act entitled "an act regula- 
 ting sequestrations," approved March 15th, 1848, is hereby 
 amended si- that the same shall hereafter rexd as follows, to-wit; 
 Thai hereafter any defendant whose property has been taken by 
 writ •< ration, shall have the right to retain the same by 
 
 u.'liv.-ring to the Sheriif, or other officer executing such writ, his 
 '. payable to the plain tiff, with good and sufficient ewe- 
 ties, to be approved by the Sheriff or officer taking the same, 
 for an amount of money equal to double the value of the prop- 
 erty sequestered, wliich oond, if the property sequestered lie 
 
slaves or movable property, shall be conditioned that the defend- 
 ant will not Bend away the same oui of the county or limi. 
 the Sial . ';:.;■ to the plaintiffs affidavit : that he will not 
 
 make an improper use ol the Bafne, a\u\ that he will have such 
 ia or movable property, with the value of the hire, fruits or 
 rew'.ii!" thereof, ning to abide the decision of the 
 
 '. or that he \vi 1 pay the value thereof, and of the hire, 
 fruits or revenue, in case the suit shall be decided against him., 
 If the proper 3tered Ikj real prqperfcy, the condition of 
 
 said b >nd shall be that the d int will not injur.' such prop- 
 
 erty, and that he will pay the value ^'i' the rents of the same, 
 in ca - he shall he condemned so to do. Such bond shall be 
 returned to the Court with the writ, and in ease the suit is decided 
 against the defendant, final judgment shall be entered against 
 all obligors in Buch bond., jointly and severally. Provided, that 
 nothing in this section shall be so construed as to require a 
 defendant to account fqr the hire, fruits or revenues of slaves or 
 movable properly, or for the rents v{' real property, when the 
 object of the suit is only to enfor.ee the payment of a nuotrtg 
 or lien, and not to try title thereto. 
 
 Secl '2. The seventh section of said recited act is hereby 
 amended so that the .-am • shall hereafter readies follows, to-wit : 
 The Sheriff, or other officer, while he retains the custody of the^ 
 irty, shall take care and manage the same in a 
 : i: may confide Ble to the custody of 
 
 ' shall he. responsible, for their acts and 
 Bhall be responsible to the party injured, for any neglect or mis* 
 aent by himself or by those tg whom he has confided the 
 ou«1 ly or mauae ■.' such property ; and he shall he enti- 
 
 tled l a just compensation and all reasonable cha 
 
 therefor, t » h ine 1 1-y the Court or Justice of the !'• 
 
 ig jurisdiction of the < i 1 paid out of the proceeds of 
 
 the property seq aent be given in favor of the 
 
 the writ of sequestration ; but if judgnftient be 
 irty suing out said writ, then such compensation 
 and reasonal del by him. It the defendant 
 
 does no; property sequestered, within thirty days 
 
 are thereof, tbe Sheriff dr mther Officer shall deliver 
 the* oroperty to the plaintiff, upon his giving bond, payabl 
 the Sheriff Oi r, in a sum at ueast double the value of 
 
 the | red, with tv r good and su!ii< 
 
 Btirefies to be appr >v< d by the officer, conditioned that the prop- 
 ther with the value of the hird, fruits or revenue thereof, 
 abide the decision of the Court : v, 
 
72 
 
 bond, if forfeited, or if the suit be decided against the plaintiff, 
 shall have the force and effect of a judgment against all the 
 obligorg therein, in favor of the defendant. If the property 
 sequestered be slaves, and the defendant does not replevy the 
 same within thirty days from the seizure thereof, or the plaintiff 
 within ten days after the expiration of said thirty days, it shall 
 be the duty of the Sheriff or other officer to hire out said slaves 
 to the best advantage. 
 
 Approved February 8, 1860. 
 
 CHAPTER 56. 
 
 AN ACT to regulate the time of holding the District Qourts of 
 
 the Eighteenth Judicial District. 
 
 Suction 1. Be it enacted by the Legislature of the State of 
 Texas, That the District Courts in the counties composing the 
 Eighteenth Judicial District of the State, shall hereafter be held 
 as follows: 
 
 , In the county of Atascosa, on the first Mondays in April and 
 October, and may continue in session three weeks. 
 
 In the county of Bandera, on the third Monday after the first 
 Mondays of April and October, and may continue in session one 
 week. 
 
 In the county of Uvalde, on the fourth Monday after the first 
 Mondays of April and October, and may continue in session two 
 wet'ks. 
 
 In tne county ot Medina, on the sixth Monday after the first 
 Mondays of April and October, and may continue in session 
 three weeks. 
 
 In the county of Kinney, on the ninth Monday after the first 
 Mondays of April and October, and may continue in session one 
 week. 
 
 In tne county of Maverick, on the tenth Monday after the 
 first Mondays of April and October, and may continue in session 
 one week. 
 
 Sec. 2. That all writs and process that have been, or may 
 hereafter be issued, from any of the District Courts of said Dis- 
 trict, shall be considered as returnable to the terms of sai I 
 Courts as established by this act, and shall have the same force 
 and effect as if the same had been originally so returnable. 
 
SeCj 3. That all laws ami parts of laws conflicting with this 
 (Wt, be and the same are hereby repealed. 
 
 Sue. 4. That this act take effect from and after its passage; 
 
 Approved February 8, 1SG0. 
 
 CHAPTER 57. 
 
 AN ACT to authorise the formation of county and town Agri- 
 cultural Societies. 
 
 Section 1. Be it enacted by the legislature of the State of 
 Texas, That any ten or more persons, inhabitants of this State, 
 who shall desire to form a town or county Agricultural or Hor- 
 ticultural Society in any county, town, city or village of thii 
 State, may mate, sign and acknowledge duplicate articles of 
 association, before any officer authorized to take acknowledg- 
 ment of deeds in this Stale, and tile the same in the office of 
 tin 1 county clerk of the county in which the business of the 
 Society is to be conducted : in which articles shall be stated the 
 nam" by which such Society Shall be known in law. the partic- 
 ular business and objects of such Society, the number "of trustees , 
 directors or managers, Who shall manage the same, and the 
 names of such directors, trustees or manager^ thereof, for the 
 lirst year of its existence. 
 
 Sec. ~. That upon filing Bitch article sOf association asftfbre- 
 
 said, the persona who shall have signed tie- Battle', and their 
 associates and successors shall, thereupon, and by Virtue of this 
 act, be known as an Agricultural Society, by the name stated in 
 such articles : Provided, no two Societies shall assume the same 
 name : and by that name thy shall, in law. be capable of taking 
 and receiving, purchasing and holding real estate for the pur- 
 p ia • of (heir S iciety. but for no other purpose, to an amount 
 Bol exceeding twenty-five thousand dollars in value, if a county 
 ity ; and \i-n thousand dollars if a town, eity or village 
 Society: and of personal estate, for a like purpose, to an 
 
 amount not exc ling ten thousand dollars, if ae.uniy S<'ei,;v ; 
 
 and five thousand, if a town, village or eity Society : and may 
 make all necessary by-laws for the managem< nl of said Socii t.y, 
 not inconsistent with the laws of this State or of the United 
 Stat s. 
 Sec. 3. That any person wh > shall pay into th 
 
74 
 
 .Society, annually, in such time and manner as the by-laws 
 thereof shall direct, a sum of money not less than one nor more 
 than two dollars, and subscribe to the articles of association, shall 
 be a stockholder therein, anil entitled to all the privileges and 
 immunities thereof. 
 
 Sec. 4. That the officers of said Society shall consist of a 
 ide.ttt, a Secretary and Treasurer, and at least five Directors, 
 and they shall be elected annually by the stockholders of said 
 : •: v ; and said officers shall constitute a board for the man- 
 men t of the concerns of said Society, a majority whereof, 
 shall be a quorum ; and it shall be the duty of said officers to 
 manage the property and concerns of said Society as will best 
 promote the interests of agriculture, horticulture and the 
 bailie arts; and they may hold fairs and exhibitions, and may 
 distribute premiums for the best and most meritorious animals 
 or articles exhibited in these several departments, as shall be, 
 bv their by-laws and these regulations, provided. 
 
 Sec. 5. That there shall be but one county Society in any 
 one county of this State, nor shall there be more than one town 
 Society in any one town, village or city ; but two or more towns 
 uu'v join and organize a town Society for towns. 
 
 Sec. 6. That the said Societies shall have authority to sell 
 the whole or any part of their real estate by a vote of not less 
 than two-thirds of the members present at any annual meeting, 
 notice by some member, of the intention to make an application 
 for the sale thereof, having been first published once a month for 
 three months, in some newspaper in the county in which such 
 Society is situated, or if there is no newspaper printed in said 
 eouniy, then in some paper in an adjoining county. 
 
 Sec, 7. That -the .President, Secretary and Treasurer of said 
 Societies shall, on or before the 1st day of February in each year, 
 make out and have published in some newspaper published in 
 said county, if there be one published, and if not, then in some 
 newspaper in an adjoining county, a statement of the transac- 
 tions of said Society for the preeeding year, and giving a full 
 f >d of the receipts and expenditures thereof, with a list of 
 the premiums awarded, and to whom and for what purpose. 
 This act shall take effect from and after its passage. 
 
 Approwd February 8, lSb'O. 
 
7.3 
 
 AX ACT sur tary to an act to for th registry 
 
 of deeds and othe* instrmnents of iv 
 
 Section .1. B( it enacted by the Legislature of* the State- of 
 Texas, That when a witness to any insti of Writing which 
 
 by law may bevec4>rded, shall fan 1 I . in obedience to any 
 
 subpoena issued by an offider authorized to take ilia ] n 
 such instrument ;' )■ registration, sumra i to appear and 
 
 make affidavit in relation to the exi me, the 
 
 r who i ie BTibpo e saine power to 
 
 en fori attendance, and to compel his answers on oath, in 
 
 nil to tli ' such instrument the 
 
 District Court hae to compel tl wit* 
 
 s. Provided, that ;m attachment shall in no oa6e ii 
 without the sa ipensation is made or tendered to each - 
 
 . as is allowed to witness s in other : - ; arid further ] r- 
 vhh\l th.-:r uovi [uired to gjo beyond the limits 
 
 ; of his residence^ w..< previsions of this : 
 
 unless he shall, for the time bi Potind in the county where 
 
 the execution oi snch instrument is sought to be proved for 
 Oration. 
 Sec. 2. That any grant, deed or otfci aooent of writing 
 
 the conveyance of real estate or personal property or 1 
 oi' for the aent thereof in marriage, i "ate property 
 
 or conveyance same m mortgage, or trusl to uses, or 
 
 ponditions, as well as any and every other deed or instrument 
 required or permitted by lawto be regi .ml which si 
 
 been hi fi I if re registered or recorded, shall he held to have 
 I i lawfully registered, with the full 
 
 existing laws. Provided, thesame shall have -been acknowli d 
 by the grantor or grantors before any Chief Jus Associate 
 
 Justices or Clerk < Hintj Court or Notary Public in any 
 
 ty within tin Republic or the now State of Texas, 
 
 Judge of the Departu or any primary Judg 
 
 > t instance in 1835. or 1S36, or proven before 
 any such officer, by 
 
 th sreto. and certifr d b er, whether such aeknowl I 
 
 proof sb ill h riy such i 
 
 >untj where such instrument BUoukl have beel roc 
 
 '1 have I 
 aeknowl 'dged or proven befoi i an] lamed in th i 
 
 a of this act, aud which shall h been aft 
 
76 
 
 recorded in the proper county, or certified copies thereof shall be 
 evidence in the Courts of this State, as full and sufficient as if 
 such acknowledgment had been taken, or proof made in accord- 
 ance with existing laws. This act shall not be so construed as 
 to efiect or bind in any manner, any person or party, with con- 
 structive notice of the existence of any deed, or other instru- 
 ment of wiiting as a recorded deed or instrument, except in the 
 future, and after the. taking effect of this act, unless such person 
 or party would have been so affected, or bound with such notice, 
 had this act never been passed. 
 
 Sec. 4. Every partition of any tract of land or lot, made 
 under any order or decree of any Court, and every judgment or 
 decree by which the title of any tract of land or lot is recovered 
 shall be duly recorded in the Clerk's Office of the County Court 
 in which such tract of land or lot or part thereof may lie, and, 
 until so recorded, such partition, judgment or decree shall not be 
 received in evidence in support of any right claimed by virtue 
 thereof. It shall not be necessary, in such cases to record the 
 proceedings or the decree rendered in such cases, in full, but a 
 brief statement by the Clerk of the Court in which the same is 
 made, under his hand and'seal, setting forth the case in which 
 the partition or decree was made, and the date thereof, and the 
 names of the parties in the suit or partition, and the particular 
 hind or lot lying in the comity in which the record is made, and 
 the name of the party to whom the same is decreed, shall be 
 deemed and held to be a sufficient record of such partition, judg- 
 ment or decree. 
 
 Skc. 5. This act shall take effect and be in force from and 
 after its passage. 
 
 Approved February 9, 1SG0. 
 
 CHAPTER 59. 
 
 AN ACT to reorganize the Thirteenth Judicial District, and to 
 
 fixikt time of holding C-urrts therein. 
 
 8>BCTI0N* 1 Be It kneieted bif tJb ..Legislature of the State of 
 Texas, That the Thirteenth Judicial District shall be composed 
 of tin counties of Madison, Robertson, Falls, Limestone, Hill, 
 Navarro, Freestone and Leon. 
 
 Sho. 2. That the District Court shall be held in Madison on 
 
77 
 
 the first Monday In March and September, and maj continue in 
 
 session one week. 
 
 In the county of Robertson, on the first Monday after the 
 first Mondays in March and September, and may continue in ses- 
 sion two weeks. 
 
 In the county of Fails, on the third Monday after the first 
 Mondays in Match and September, and may continue in Bession 
 two weeks. 
 
 In the county of Limestone, on the fifth Monday after the 
 
 first Mondays in March and ►September, and may continue in 
 session one week. 
 
 In the comity df Hill, on the sixth Monday after the first 
 Mondays id March and September, and may continue in session 
 one week. 
 
 In the county of Navarro, on th< bh Monday after the 
 
 first Mondays in March and September, and may continue in 
 sion two weeks. 
 
 In the county of Freestone, on the ninth Monday after tin 1 
 first Mondays in March and^September. and may continue in 
 sion one week 
 
 In the county of Leon, on the tenth Monday after the first 
 Mondajrs in. March and September, and may continue is session 
 two week's. 
 
 SflC. 3. Thai writs and processes of every kind, that have 
 been or may be hereafter issued from the District Court of the 
 counties mentioned in this act, shall be returned to the.terms of 
 said Court, as established by this act, and all such writs and prov- 
 es shall have the same farce and effect in law as if they had 
 originally been so returnable. 
 
 SBC. 4. That all laws and parts of laws in conflict with this 
 act are hereby repealed ; and that this act take effect and be in 
 force irom and after its passage. • 
 
 Approved February 9, 186U 
 
 CHAPTER CO. 
 
 AX ACT to reorganize the Sixteenth Judicial District of the 
 ite of Ttxatf and to define the time of holding Court* 
 therein. 
 
 h 1 Be it enacted by ih-. Legi latuft of the Stat* of 
 
73 
 
 Sis teeiith Judicial District of the State of 
 Texas, shall hereafter be composed of the counties of. Dallas, 
 ■ and Tarrant. 
 . . Tbe Dhorict 0< tall be held twice in each year, 
 
 . ! »istrict, as follows : 
 J:i m!y of Ellis, on the first Mondays in March and 
 
 ember, in each year, and may continue in session three 
 \vc I 
 
 In the county of Johnson, on the fourth Mondays rf March 
 and September, and may continue in session two weeks. 
 
 In the county of Parker, on the second Monday after the 
 fourth Mondays of March and September, and may continue in 
 
 ■ >n three weeks. 
 
 In the county of Tarrant, on the fifth Monday after the fourth 
 Monday in March and September, and may continue in session 
 three weeks. 
 
 In the county of Dallas, on the eighth Monday after the 
 iburth M uiday of March ami September, and may continue" in 
 a umii the business of the term is disposed of. 
 '. 3. All writs and other process issued from the District 
 CoJirta of' any of the counties named in this act, after tire com- 
 mencement of the Spring terms of the Courts of the respective 
 the year 1860, shall be made returnable to the 
 tones of said Courts as established fey this act. And all cases of 
 al or writs of error, from the judgment of the District 
 In the District, shall bo returnable to the branch of the 
 Supreme Court at the City of Austin. 
 
 All laws and parts of laws contravening the provisions of this 
 act, are hi rein repealed. 
 
 iCl 5. This act shall take effect and be in force from and 
 ■iheilrst Monday of August, A. D. 1SG0. And the fisrfc 
 
 ■ of Courts, under this act, shall commence on the first Mon- 
 day in March, 1861. 
 
 Approved February 9, I860. 
 
 CHAPTER 61. 
 
 --LV ACT to fix the time of holding Courts in the Nineteenth 
 J a licial District, and to dfine said District. 
 S^eTio:; 1. Be it enaeted by the Legislature of the State of 
 
79 
 
 Terns, That the Nineteenth Judicial District shall be composed 
 lie counties of Bell, McLennan, Bosque,- Erath, Palo Pinto, 
 Comanche^ Ooryell and Hamilton* 
 
 Sec. 2. The District Ooi Held in Bell oounty^oh 
 
 the lirs t Moncjays in March ami Septembery and may^coatiuaB in 
 
 session two weeks. 
 
 In the county of McLennan, on the third Mondays after the 
 llrsi Mondays in March and S r, and may continue in 
 
 session three weeks. 
 
 In thecounty of Bosque', on thesixth Mondays after the first 
 Mondays in March and S< ptein.ber, and pfeiy contiaue in si i 
 
 one' we.':;. 
 
 In thecounty of Erath, on ■ Mi Mondays after tl><? first 
 
 Mondays in March and September, and may coutiiiiue in set 
 one week. 
 
 In Palo Pinto bounty, on the <?jgfith Monday's after "the first 
 Mondays in March an tnber, ahd ihay fcontihwe in ijesaion 
 
 One week. 
 
 In the county of C . on the ninth Mondays after 
 
 first Mondays in March ami September, and may continue in 
 lessi "a one w 
 
 In Hamilton county, on the tenth Mondays after the first 
 Mondays in March and Septihil I may continue in session 
 
 one week. 
 
 In Ooryell county, on the eleventh Mond ya 
 (irat Mondays in March and S r. and inay continue in 
 
 session until the business of tria term is disposed ot. 
 
 c. 3. Thai all process issuod before the ^assa^e of 
 shall be returnable in like manner as if a issued 
 
 under thi 
 
 Se ■. • }. Thai all laws and parts dC laws in i ith this 
 
 a I. be and ftho same am hereby repealed; add that this act he 
 hi f'lir- from and after its n issa 
 1 Fehi- lary 10, I 
 
 CHAPTER 62. 
 
 AN ACT making an appr present 
 
 buildings, j ng out- 
 
 the grounds, an I for intaiit- 
 
 ana of the I '.urn for i I '■■'• ' and 1 i 
 
 N 1. U 
 
£0 
 
 Texas, That the sum of fifty thousand dollars or :.o much thereof 
 as may be necessary be, and the same is hereby appropriated 
 out of any money in the Treasury not otherwise appropriated 
 for the years 1800 and 1861, for completing the present build- 
 ings, for erecting out-houses, for enclosing a portion of the 
 grounds, and for the organization, support and maintainance of 
 the Lunatic Asylum for the years 1860 and 1861. 
 
 Skc 2. That the remainder of the sum heretofore appropri- 
 ated for the said Asylum be, and the same is hereby re-appro- 
 priated for carrying out the objects of this act. 
 
 Sec. 3. That the apparatus procured for heating the Capitol 
 be applied to heating the Asylum, if found practicable' for that 
 purpose. 
 
 Sec. 4. That the dues and revenues of the Asylum are hereby 
 appropriated for the support and maintainance of the same. 
 
 Sec. 5. That this act take effect from and after its passage. 
 
 Approved Feb. 11, 1860. 
 
 CHAPTER 63. 
 
 AN ACT to authorize and require the Gommmissioner of the 
 
 General Land Office to patent the surveys made by virtue of 
 
 certain Peters's colony augmentation certificates. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 
 Texas, That the Commissioner of the General Land Office be 
 
 required to patent surveys made by virtue of the augmentation 
 
 certificates issued by the County Court of the counties in Peter's 
 
 colony to the colonists who married in said colony, prior to the 
 
 first day of July 1848, and which was issued prior to the first 
 
 day of February 1855, the same as in other cases. 
 
 Sec, 2. That this act take effect and be in force from and 
 after it passage. 
 Approved Feb. 11, 1860. 
 
Si 
 CHAPTER 04. 
 
 AN ACT ordering the return of certificates in Fisher & Hitter's 
 
 colony. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That from and after the passage of this act no return of 
 field-notes to the General Land Office of surveys made in Fisher 
 & Miller's colony shall be considered a legal return unless the 
 field-notes are accompanied by the certificates under which the 
 lands so surveyed or claimed, or unless such certificates are on 
 file in the General Land Office. 
 
 Sec. 2. That in all cases where field-notes have been hereto- 
 fore returned to the General Land Office without the certificates 
 the said certificates shall be returned before the first day of 
 September, A. D. 1*860, and all surveys, the certificates for 
 which shall not then have bsen returned, shall become vacant 
 and subject to entry and survey under any other valid colony 
 Certificates. 
 
 Sec. 3. That this act shall take effect and be in force from 
 and after its passage. 
 
 Approved 11th February, 18G0. 
 
 CHAPTEB 65. 
 
 AN ACT regulating the time of holding Justices' courts in the 
 counties composing the twelfth Judicial District. 
 Section' 1. Be it enacted by the Legiskdure of the State of 
 T< xas. That hereafter Justices' Courts for the trial of civil 
 Causes may be held in the counties composing the twelfth Judi- 
 cial District on any day of the week ; all Sundays, the first day 
 of January, the twenty-fourth day of June, the fourth and 
 twenty-fifth days of July, the first Monday in August, the 
 twelfth and twenty-fifth days of December, Monday, Thursday 
 and Good Fridays excepted. 
 
 E . 2. That only three days' notice by service of citation 
 Shall be required to compel any defendant t i appear and answer 
 In any of said Courts, and that any oontinuan •• that may be 
 applied for by either party, may fe granted for any specified 
 number of days less than thirty ; and that the proceedings ia 
 F 
 
82 
 
 all otb •;• respects &!iall be conducted in conformity to the laws 
 regulating Justices' Courts. 
 Approved February 11th, 18G0. 
 
 CHAPTER 66. 
 
 AN ACT authorizing the Comptroller of public accounts to 
 
 dispose of United States Bonds. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 ts, That the Comptroller of public accounts be, and he is 
 hereby authorized to sell and convert into cash, the three hun- 
 dred and five thousand dollars of the United States' Bonds now 
 i;i the State Treasury, belonging to the General State Fund, 
 and pay the proceeds thereof into the State Treasury to go into 
 the General State fund : provided, the said Bonds shall not be:, 
 6 'Id at less than their par value : and that this act take effect 
 and be in force from its passage. 
 
 Approved Feb. 11th, 1860. 
 
 CHAPTER 67. 
 
 AN ACT concerning Factors and Commission Merchants. 
 
 SECTION 1. Be it enacted by the Legislature of the State of 
 Texas, That no factor or commission merchant to whom an) 
 on, sugar, produce or merchandize of any kind is consigned 
 for sale on commission, or otherwise shall purchas the samj oi 
 reserve any interest whatever therein upon the sale of the sam< 
 either directly or indirectly in his own nam', or in the name o 
 through the instrumentality of another for his own benefit o 
 lor the benefit of another, or as factor or agent, of any other 
 .person, without express license from the owner or consignor ol 
 such cot t<ai, sugar, produce or other merchandize, or some person 
 authorized by him, given in writing so to do, under a penalty* 
 of a forfeiture of one-half the value of cotton, sugar, produce 
 or other merchandize so purchased or sold, to be recovered bjl 
 the owner of the same by suit before any court of competenl 
 
 
Jurisdiction in the < unty Where the sale took place or wh 
 the offending | sides. 
 
 Ssj. '•'. Upon the sale of any cotton, sugar, produce or 
 m t :ha»di . • c n\ signed for sale to any factor or commission mer- 
 eh mt, il sh ill 1» ' his duty within a reasonable time thereafter to 
 render to the owner or consignor thereof, a complete account of 
 
 tti >re >f, tfhioh shall state the date of the sale, the natui 
 the purchase, the terms of the sale, and if cotton, sugar or 
 
 :• produce sold b* weight, the weighl of the same in 
 &nd the tare allowed, and be accompanied by the i 
 memorandum signed by the weigho* who weighed the eann 
 the weight and conditions as required by law, inula- the penalty 
 ©f not more than five hundred norless than one hundred dollars 
 wered as in the preccdiug section. 
 Sec. 3. No commission merchant or factor shall b 
 bo in ake any < ir mending a patching or roping bales, or 
 
 ior cooperage or repairing l-i! s, or for la'nr, or hau 
 artage, or for storage, for marking, or weighing, unless 
 
 has been actually done; and in case of any such 
 a bill of particulars shall be rendered. Any usage or custom to 
 mike su :h charge by rate or average to the contrary notwith- 
 ling ; and the pers m offending against the provisions of 
 this section shall be liable to a penalty of not more than five 
 hundred dollars, nor lessthaa one hundred dollars, to be I 
 
 ■ or consignor as in the preceding s sction, 
 ived 1 Lth February^ 18 
 
 CHAPTER G& 
 
 time of 
 '<■'. 
 i'io\ l. Be it enacted bjg tlit Legislature 
 
 the District Courts of the ninth Judicial District 
 shall hereafter be hold m follows : 
 
 ; C »urt "i Houston county shall be held on the 
 third Mmiayj of February and A.uji 1 may 
 
 iu - ;ssiou tin -. The I district ( !ourl of < Jin 
 
 I on the tliird Monday after the third Mondays 
 h'hrniry ai 1 A ad may continue in session 
 
 • ' ■ lera a :ounty shall 
 
84 
 
 on the seventh Monday after the third Mondays in February 
 and August and may continue in session four weeks. la Hen- 
 derson county on the eleventh Monday after the third Mondays 
 
 in February and August and may continue in session two 
 week-. In Kaufman county, on the thirteenth Monday after the 
 third Mondays in February and August and may continue in ses- 
 sion two weeks. In Van JZandt county on the fifteenth Monday 
 after the third Mondays in February and August and may con- 
 tinue in session two weeks ; and in Smith co&nty oa the 
 seventeenth Monday after the third Mondays in February 
 and August, and may continue in session until the business is- 
 •m ,1 of ; and all writs and other process of every description 
 pertaining to said courts, shall be returned in accordance with 
 -i he provisions of this act. 
 
 . 2. That all laws and parts of laws in conflict with this 
 be, and. the same are hereby repealed, and that this act take 
 
 and be in force from and after the first daj of May next. 
 Approved Feb, 11, 186 
 
 CHAPTER 69. 
 
 AN ACT to repeal " an act supplemental to an act entitltd am 
 act to change the time* of holding the District Courts in the 
 tenth and fourteenth Judicial Districts," approved, February 
 12th, 1853, and to amend, the second section of " on ad to 
 chanye the time of holding the District Courts in the tenth 
 and fourteenth Judicial Districts," passed Jidy '24th, 1856. 
 Section 1. Be it enacted by the Legislature of the State of 
 T>xas, That section second of "an act to change the time of 
 holding the Pisti-ict Courts in the tenth and fourteenth Judi- 
 cial Districts/' passed July 24th, 1856., be so amended as to read 
 as follows : 
 
 That the District Courts shall be held twice a year in each 
 of the counties composing the fourteenth Judicial District as- 
 follows, to-wit : 
 
 In the county oj San Patricio on the first Monday's in April 
 and October, and may continue in session one week. 
 
 In the county of Live Oak on the first Mondays after the first- 
 Mondays in April and Octob;r ? and may co&tlnue in session 
 one week. 
 
So 
 
 In the county of Karnes on the second 31 md.iyg aft ir the first 
 fefjndays in April and Oct »ber and may continue in session two 
 weeks. 
 
 In the county of G diad on the fourth Mori lays after the first 
 Mondays in April and Ocl ssiun two 
 
 weeks. 
 
 I'M tndays after the first 
 : ivs ia April anil Ocl b x, and rnav continue in session two 
 
 Week*. 
 
 In the eighth M mdaj's after the firs 
 
 JM ■ days in April and October and may c mtinue in a one 
 
 reek. 
 
 In the county of N"uei n the nin li M mdays after the first 
 jM adays in April and October, and may continue in session 
 until the business is disposed of. 
 
 s . 2. Tliat "an act supplenitaital to an ad entitled an 
 to change the time of holding the District Courts 
 find fourteenth Judicial Districts," approved Feb- 
 ruary L2th, 1858. be, i nd the same is hereby repealed. 
 Sec. .'>. That this act take ad be in force from 
 
 i its pass 
 Approved Feb. 11, I860. 
 
 GHAPTEB 
 
 AN ACT to attach th county of B fourth Ju "- 
 
 ■' District, m an act jto pr <- 
 
 or the time of holding the c mrts of fi<< >• v ral 
 'th Judic ' ■ '■'.'" ap 
 
 n »n" 1. Bi it enacted by the Legislature of 
 
 the county ol Bl i, and is hereby attached 
 
 mrth Judicial District, and that the first section of the 
 
 above recited act be amended so as hereafter to read as 
 
 it : 
 
 The 1' mrt of B 1 begin on the first 
 
 31 ii lays ' }\ ir :h and S nb r, an 1 in iy c mtin • -: n 
 
 i \vc< ks. 
 
 Id I on the eighth BJ first 
 
86 
 
 Mondays of March and September, and may continue- in session. 
 one week. 
 
 In the county of Blanco on the ninth Mondays after the first 
 Mondays of March and September, and may continue in session 
 \ nek. 
 
 l\ the county of Kerr on the tenth Mondays after the first 
 Mondays of March and September, and may continue in session, 
 one week ; and in the county of Gillespie on the eleventh Mon- 
 days afrcr the first Mondays of March and September, and may 
 continue in session two weeks. 
 
 Sec. 2. This act shall take effect and be in force from ancl 
 after its passage 
 
 Approved 11th February, I860. 
 
 CHAPTEE 71. 
 
 AN ACT to provide for the payment of supplies furnished to- 
 
 Capt. John Williams' company of Hangers. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the sum of seven thousand rive hundred dollars is 
 hereby appropriated to pay for the necessary supplies furnished 
 to Capt. John Williams' company of Hangers. 
 
 Sec. 2. The Comptroller of puhlic accounts shall examine 
 and adjust the vouchers of Capt. Williams and other parties 
 having furnished articles to said company ; and before paying 
 the same shall lie satisfied that such articles were necessary, and 
 were furnished at reasonable prices and consumed by the men 
 entirely in the field : Provided, that the amounts for which 
 Capt. Williams or his lieutenants have made themselves indi- 
 vidually liable shall be paid first, and, provided, further, that 
 no money shall be paid under the provisions of this act, unless 
 proof is first made to the satisfaction of the Comptroller that 
 the supplies we're furnished to Capt. Williams while acting under 
 the lawful authority or consent of the Governor and duly com- 
 missioned by him, or was lawfully in the service of the State at 
 tin!" the supplies were furnished. 
 
 Sec. 3. That this act take effect from and after its passage* 
 
 Approved 11th February, 1860. 
 
87 
 
 CHAPTER 72. 
 
 AN ACT to a nend the 4th, 7th, 8th, 15th, 18th and 34M sec- 
 tions of an act to provide for tlie assessment and collection of 
 taxes, approved February 11th, 1850. 
 Section 1. Be it enacted by the Legislature of tin Stat* 
 Texas, The fourth section of said act be so amended as 
 hereafter to read as follows : 
 
 Section 4th. The Assessors and Collectors of the Beveral 
 counties of tins State, shall severally prepare an assessment roll 
 for their respective counties, in which they shall set down in 
 Beperatc columns, in alphabetical order, the names of the taxable 
 inhabitants thereof, the amount and description of the property 
 taxed, real and personal, tie' value thereof, and the amount of 
 taxes due thereon : for which purpose they shall attend in each 
 precinct in (heir county at least three days, to receive the as 
 men: of the inhabitants thereof, and they shall between the first 
 days of January and May in each and every year, make known 
 by public adver isemeat, at three or more public places in each 
 precinct, at least ten days before, of the time and place at 
 which they will attend to receive the inventories thereof; and if 
 any person or persons neglect or refuse to attend said appoint- 
 ments and render a full and complete inventory o\' all their 
 property subject to taxation held in their own right, or as a trustee, 
 guardian, executor, administrator, agent or attorney, it shall lie 
 tit- duty of the Assessor and Collector to visit such persons at 
 their several places ^t' abode, to take their assessment, if to be 
 found, if not, to have a written notice requiring such persona 
 to render an inventory of their taxable property at his office 
 prior to the first day of May thereafter; for which service he 
 shall be entitled to a fee t^\' one dollar, to be assessed and col- 
 lected as other taxes : provided^ that widows shall be exempt 
 from the above fee. 
 
 Skc. :2. That the seventh section. of said act, shall hereafter 
 read as follows : 
 
 Sec. 7. The list required under the 1st section of this act, 
 shall contain a description of taxable property in his or her own 
 right, or held as guardian, executor, administrator, agent or 
 Attorney, on the firs 1 day of January of the current year, where- 
 npon the A.ss issor an 1 Collector shall and he is hereby required 
 to administer to each person the following oath : " You do 
 Solemnly sweav that the inventory rendered by you contain- a 
 full deusri all your taxabl 3 property owned, or held in 
 
 four own right, oi as . isti ■. juirdiau, executor, administra 
 
agent or attorney, (as the case may be) on the first day of Jan- 
 uary last, and that the value assessed thereon is a fair and 
 correct market value for the same according to the best of your 
 knowledge and belief." Said inventory and affidavit shall then 
 be signed by the party rendering the same, and shall be attested 
 by the Assessor and Collector : Provided, that the list of tax- 
 able property thus required to be furnished, shall not be 
 construed so as to include the products of the soil of this State, 
 while in the hands of the producer. It shall be the duty of each 
 County Court in the State to revise the roll of their respective 
 Assessors and Collectors, and when the assessment upon any 
 property is at a lower rate in the opinion of the court than is the 
 true value of such property, the court shall have the pow^r to 
 correct such assessment, iirovidtd, such property is situated in 
 the county where such revision is made, and shall not give a 
 certificate to the Assessor and Collector until such correction is 
 made. 
 
 Sec. 3. That the eighth section of said act shall be so 
 amended as hereafter to read as follows : 
 
 Section 8. That each person being a resident citizen of this 
 State owning or claiming surveyed lands situated in any other 
 county than that in which he resides, may render the same for 
 assessment to the Assessor and Collector of the county where he 
 resides, in the same manner as other property, together with a 
 full and complete description thereof, and the name of the origi- 
 nal grantee, and its number on the abstract ; and all railroad 
 and canal companies, and colonization companies, and all per- 
 sons residing beyond the limits of the State, owning or claim- 
 ing surveyed lands situated in this State, may in like manner 
 render the same for assessment to the Assessor and Collector of 
 any county in the State : Provided, that the parties thus 
 rendering the property, whether a resident or non- resident, shall 
 value such land at the " average value " of the lands in the 
 county where the same is situated, for the year next preceding 
 such assessment, and the Comptroller shall ascertain the "aver- 
 age value" of the lands in each and every county of this State 
 for the year 1859, furnish the'same to each Assessor of the State, 
 and before the first day of March, in the year 1860,and for every 
 succeeding year he shall furnish the Assessor with such " aver- 
 age value" for that year on or before the 1st day of January, 
 then next ensuing, and ic all cases when in consequence of any 
 vague and imperfect rendition as to the name of the original 
 grantee or other description of the surveyed lands so rendered, 
 the same cannot be identified, and is declared forfeeitd to the 
 
89 
 
 State as provided by law ; the person making such imperfect 
 description, shall be required to redeem the same as though it 
 had not been rendered for assessment, and, further, provided, 
 that any person desiring to give in his lands for taxation, situ- 
 ated in counties other than that of his resilience, may make out 
 a list or lists thereof, under oath, containing an accurate descrip- 
 tion of the same, and fhe name of the original grantee, and 
 transmit it to the Assessor and Collector of the county where 
 the land lies, and upon the receipt of all such lists, it shall be 
 the duty of the Assessor and Collector to assess the value of such 
 laud at its actual value, which may be paid to the Comptroller 
 of Assessor of the county where the owner resides : Provi 
 that nothing- herein contained shall beso construed as to prevent 
 non-residence of persons who own lands situated in Other 
 counties than those in which the\ reside, from giving them in for 
 ass ssment. in the county in which they are situated, as other 
 citizms of such county. 
 
 Sec. 4. That the 15th section of said act he so amended as 
 hereafter to read as follows : 
 
 Section 15th. Every Assessor and Collector of taxes, after 
 lie has made out and returned the assessment roll of his county, 
 as required by law. shall proceed to collect the taxes therein 
 mentioned, and for that purpose shall attend in each precinct in 
 his county at the place of holding elections, at least three days 
 between the first day of October and the first day of March, to 
 receive the taxes from the residents thereof, for which purpose 
 he shall make known by public advertisement at three or more 
 public places in each precinct, at least ten days before, of the 
 time and place at which he will attend, and if any person or 
 persons shall neglect ot refuse to attend such appointments and 
 
 pay Over their taxes, it shall he the duty of the Assessor and 
 
 Collector to visit such person or persons at their usual place of 
 abode, to receive the same if to ho found, if not. to leave a 
 written notice requiring such persons to pay over their taxes at 
 his office, prior to the first day of March thereafter, for which 
 service he shall he entitled to a fee of one dollar, to he charge 1 
 against such delinquent, and collect as other taxc^ : J'rnvi<l( '/, 
 that widows shall ho exempt from paying this tee. 
 
 Sec. 5. That the 18th section of said act shall he so 
 amended as hereafter to read as follows : 
 
 S ction 18th, That the Assessor and Collector shall, when 
 any property has been sold for the payment of taxes, make and 
 i deed f>r said property, to the person or persons pur- 
 sing the same, which when recorded according to law, shall 
 
90 
 
 be prima facia evidence that all the requisites of the law have 
 been complied with in making such sale ; and such deed 
 shall also he prima facia evidence that all the pre-requisites 
 
 to the exercise of the power to make said sale have been com- 
 plied with: Provided, however, that the owner of sucli property 
 shall have the right to redeem the same at any time within two 
 years of the day and date of sale thereof, upon paying to the 
 purchaser or Assessor and Collector selling the same, or his suc- 
 cessor in office, double the amount of taxes for which the same 
 wis sold ; also, double the amount of taxes paid on such pro- 
 perty, by such purchaser under any assessment of taxes made 
 subsequent to such purchase together with the costs of sale : 
 Provided, that the owner of any property redeeming the same 
 from the purchaser at tax sale, shall not only pay double the 
 taxes fir which the property was originally sold, but also double 
 the taxes paid on said land, by such purchaser subsequent to his 
 purchase under an assessment of the actual value of such land, 
 and, provided, that in case proof is made that the taxes upon 
 the land mentioned in such deed were paid before the sale took 
 place, or that the law has not been complied with either in the 
 assessment or sale, then such deed shall not be construed to have 
 any force or effect. 
 
 Sec. 6. That this act shall take effect and be in force from and 
 after its passage. 
 
 Approved February 11, 1SG0. „ 
 
 CHAPTER 73. 
 
 AN ACT supplemental to and amendatory of an act entitled 
 '• an act to establish a code of criminal procedure for the 
 State of Texas." 
 
 Article 1. Be it enacted by the Lecjislcdure of the State of 
 Texas, That the following articles of the above recited act, 
 commonly known as the Code of Criminal Procedure are hereby 
 so amended as that the same shall hereafter read as follows, that 
 is to say : 
 
91 
 
 INTRODUCTORY TITLE. 
 
 Chapter - 2. 
 
 1\ ace OJ/ia rs. 
 
 Article 35i. If any Sheriff or. other officer shall wilfully 
 
 refuse or fail from neglect to execute any summons, subpoena or 
 other attachment for a witness or any other legal process, which it 
 is made his duty by law to execute, he shall he liable to a fine for 
 contempt in a sum not less than tin nor more than two hundred 
 dollars, at the discretion of the court, having cognizance of the 
 same, and the payment of said line shall be enforced in the same 
 manner as fines for contempt in civil en 
 
 TITLE 4. 
 Uhapteb 2. 
 
 the duties, privileges and poioers of the Grand Jury. 
 
 Article 380 shall hereafter read as follows : 
 
 If the Grand Jury shall have reason to believe that a witness 
 will fail to obey the written summons authorized to he issued by 
 the preceding article, or if the Grand Jury shall deem it expe- 
 dient that an attachment issue for a. witness before any wriuen 
 summons shall have been issued, it shall he the duty of the 
 i nil of said Grand Jury to file an application with the clerk 
 of the District (lourt tor an attachment for such witness, and 
 thereupon it shall he the duty of such clerk to issue an attach- 
 ment, which shall authorize the sheriff or bailiff to arrest the 
 witness ami take him before the Grand Jury. 
 
 Chapteb 4. 
 
 Proa < dings preliminary to tr;<>L 
 
 Article 437 shall hereafter read as follows : 
 
 Where the witness resides out of the county in which the 
 
 pr< secution is pending, the defendant shall he entitled, on appli- 
 
 - the court, if it he in session, ^r to th s clerk in vacation, 
 
 tor an attachment to compel tie- attendance o\' such witness. 
 
 application shall he in writing under oath, and state the 
 
 name of the witness, the couuty of his residence, and that the 
 
92 
 
 testimony of the witness is material to the defence, the State 
 
 sh ill also be entitled to attachments under the provisions of this 
 article upon the written application of the District Attorney, 
 which shall contain the same requisites as required of the 
 defendant under this a tide. 
 
 Article 437a. If the attachment authorized to be issued by 
 the preceding article is made returnable forthwith, it shall be the 
 duty nf the .Sheriff or other officer to whom the attachment is* 
 issued, to arrest such witness and take him before the court, 
 from which the attachment issued, but if said attachment is 
 made returnable to the next succeeding term of the court, it shall 
 be the duty of such sheriff or other officer to arrest said witness, 
 and place him in the custody of the Sheriff of the county in 
 which the prosecution is pending, whose duty it shall be to keep 
 him in custody until the next term of the District Court ; Pro- 
 vided, that said witness shall bo discharged from the custody of 
 the Sheriff at any time, or entering into bond with one or more 
 good and sufficient sureties, in a sum of not less than two hun- 
 dred dollars, payable to the State of Texas, and conditioned that 
 he will appear and testify in the case in which said attachment 
 issued, which bond shall be approved by such Sheriff or other 
 officer and by him returned with the attachment to the clerk of 
 the District Court of the county in which the prosecution is 
 pending. 
 
 Article 437. When a witness has given bail for his appear- 
 ance, as required in the preceding article, his bond may be 
 enforced against him and sureties, in the manner pointed out in 
 Articles 407, 408, 409 and 410, for recovery upon the recogni- 
 zance or bail bond of the defendant. 
 
 Of cltanjc of Venue. 
 
 Article 527a. If a Judge of the District Court shall be dis- 
 qualified for sitting in any case for either of the causes mentioned 
 in the 14th section of the 4th article of the State Constitution, 
 and the District Attorney and the defendant shall fail to appoint 
 by cons ait, a proper person to try said case, it shall be the duty 
 of such Judge, at the suggestion of the District Attorney or the 
 defendant, to grant an order for a chmge of venue of the cause 
 to the nearest county out of his district, and free fiorn the like 
 objection. 
 
 ARTICLE GG2. Shall hereafter read as follows : 
 Tiie confession shall not be used if at the time it was made, 
 the defendant was in jailor other place of confinement, nor while 
 
93 
 
 he is in custody of an officer, unless such confession be made in 
 the voluntary statement of the accused, taken before an examin- 
 ing court in accordance with law or be made voluntarily after 
 having been firsl cautioned that ir may be used against him, or 
 unless in connexion with such confession he make statement of 
 facts or of circumstances, that are found to be true, which conduce 
 to establish his guilt, such as the»finding of secreted or stolen 
 property, or instruments with which he states the offence was 
 committed. 
 
 part 4, 
 
 TITLE 8, 
 
 Of Reports relative to crime. 
 
 Article 947 shall hereafter read as Follows : 
 The Attorney General shall, on the first day of Sentemfo I 
 each year on which the regular sessions of the Legislature are 
 held, communicate to the Governor of the State, all the infor- 
 mation which he has received from the district clerks under I 
 provisions of articles 044 and 946, with such suggestions theieou 
 as he may deem useful respecting the penal laws of the Si 
 and the enforcement of the .same, 
 
 PAllT b. 
 
 TITLE 2. 
 
 Of costs paid by the State, 
 
 Articlfl 955 shall hereafter read as foil >ws ; 
 The fees allowed to the Attorney Gteneral shad bi and 
 Kid ] aid by < (ticers of the State Treastir . 
 of the Chief Justice of th< orofthi fsaid 
 
 ;. The fees allowed the clerk of the Court shall 
 
 be audita d and paid by thi - my. Upon 
 
 he Chief.n.- ' I thi 
 
 iffs and clerl .1 f 
 
 audited and paid by th he Trea my. uj)on 
 
 the certificate of the Judgi of tbe court trying the can 
 attached to the bill 
 
TITLE a 
 
 Article 9G*2 shall hereafter read as follows : 
 
 At each term of the District Court of his county, the Sheriff 
 inav present to the District Judge presiding, his accounts i'o? 
 the keeping of prisoners raid maintaining guards since the last 
 term of the courts, and his accounts for the keeping and main- 
 taining prisoners brought from other counties for safe keeping 
 shall be kept separate, and also for all expenses incurred].))" him 
 for food and lodging of jurors in eases of trials for felony during 
 the term at which his account is presented, which account shall 
 be verified by the oath of the Sheriff, 
 
 Article 964 shall hereafter read as follows : 
 
 The District Judge shall give to the Sheriff a draft upon the 
 mty Treasurer fb r the amount of each account allowed, not, 
 including tln.se allowed for prisoners brought from other counties 
 for safe keeping by him, and the same, when presented to the 
 Uouuty Treasure* - , shall be paid out of any money in his hands, 
 and he shall also give the said Sheriff a draft for the amount of 
 each account allowed hy him on account of any prisoner brought 
 from another county for safe keeping, on the County Treasurer 
 of the county from which such prisoner may have been brought, 
 and the same, when presented to the Treasurer of such last 
 county, shall be paid out of any money in his hands, 
 
 TITLE 4. 
 Chapter I. 
 
 A tmcLE 973a, That a jury tax of live dollars shall be charged 
 and allowed in the bill of cost?, in all cases when the defendant 
 is convicted, for the use of the county* 
 
 Chapter 2. 
 
 Art. :)74a. In all trials before Justices of the Peace, Mayors 
 r Recorders for misdemeanors, if the accused shall not be con- 
 victed, the person making the. complaint may be adjudged to 
 pay the costs of the proceeding, in case the officer before whom 
 the case is tried saall be satisfied that the complaint was without 
 foundation in fact. 
 
 
95 
 
 FINAL TITLE. 
 
 Section 1. That this act take effect from and after the first 
 day of July, A. D. I860, ex septinjj article 955, of pari 5, title '2, 
 which shall take effect and be in force from and after the pa 
 of this act. 
 
 Approved February 11, 1860. 
 
 CHAPTER 74. 
 
 AN ACT snpph imendatory of an act entitled 
 
 an act (<> adopt and establish a Penal Code for the State of 
 Texas. 
 
 Article 1. Be it enacted b egislatun of the Sled of 
 
 Texas, That the following chapters and articles of the act above 
 recited, comnrouly known as the Penal Code, be and they are 
 hereby so amended so as that the same shall read as follows, that 
 is to say : 
 
 TITLE 10. 
 
 C II APT!' 
 
 ( ',' Brlbi ry. 
 
 ,. .'';i0i. If any person shall bribe or offer to bribe i 
 witness in any case, either civil or criminal, to disobey a subpoena 
 or other legal process, or to avoid the services of the same by 
 BflCfcting himself or by any other nreans, he shall be punished by 
 confinement in the penitentiary not less thin two nor more than 
 five j ears. 
 
 Art. 310b. If any witness in any case, civil or criminal, - 
 
 accept a bril ffered for the purpose or purposes mentioned in 
 
 the next preceding article, he sh.il! be punished by imprisonment 
 tnitentiary not less than two nor more than five years. 
 
96 
 
 Chapter 3. 
 
 Offences relating to the arrest and custody of prisoners. 
 
 Article 318 shall hereafter read as follows : 
 
 Any Sheriff or other officer who wilfully refuses or fails from 
 neglect, to execute any lawful process in his hands requiring the 
 arrest of a person accused of a felony, whereby such person 
 escapes, or wilfully refuses to receive in a jail under his charge, 
 or to receive into his custody any person lawfully committed to 
 such jail and ordered to be confined therein on an accusation of 
 felony, or lawfully committed to his custody on such accusation, 
 shall be fined not exceeding two thousand dollars. 
 
 Article 319 shall hereafter read as follows I 
 
 Any Sheriff or other officer who wilfully refuses or fails from 
 neglect, to execute any lawful process in his hands, requiring the 
 arrest of p-rson accused of a misdemeanor, whereby the accused 
 escapes, or who wilfully refuses to receive into a jail under his 
 charge, or to receive in his custody any person lawfully commit- 
 ted to such jail on an accusation of misdemeanor, or lawfully 
 committed to his custody on such accusation, shall be punished 
 bv fine not exceeding five hundred dollars. 
 
 TITLE 12. 
 
 Offences against public morale, decency and chastity. 
 
 Chapter 2. 
 
 Of incest and adultery. 
 
 Article 389 shall hereafter read as follows : 
 
 No man shall marry his mother, his sister, his father's sister 
 or half sister, his mother's sister or half sister, his daughter, the 
 daughter of his brother or sister, or of his half brother or sister, 
 the daughter of his son or daughter, his father's widow, his 
 eon's widow, his wile's daughter, the daughter of his wife's son or 
 daughter, 
 
97 
 
 Ch after G. 
 
 Of the crime against nature. 
 
 Art. 300c. If any person shall commit with mankind or 
 beast the abominable and detestable crime against nature, he 
 shall be deemed guilty of sodomy, and on conviction thereof, he 
 shall be punished by confinement in the penitentiary for not 
 less than five nor more than rrrYeen years. 
 
 I. If any person shall obstructor injure, or cause 
 to be obstructed* or injured, any public road or highway, or 
 common street or alley in any incorporated city or (own, or any 
 public bridge or causeway, or shall continue such obstruction, bo 
 as to render the same inconvenient or dangerous to pass, or shall 
 erect or establish any offensive trade or manufacture or business, 
 or continue the same after it has been erected or established, or 
 shall in anywise pollute, or obstruct any water course, lake, 
 i. marsh or common Fewer, or continue such obsrtuction or 
 pollution so as to render the same unwholesome or offensive to 
 the county, city, town or neighborhood thereabouts, or shall do 
 any other act or thing that would be deemed and held to be a 
 nuisance at common law, shall be guilty of a misdemeanor, and 
 on conviction by indictment, lined in any sum not exceeding five 
 hundred dollars ; and upon conviction, the judge trying the 
 shall order the Sheriff to abate such nuisance at the expens 
 of tl lant, ty) be taxed in the bill of costs : Provided, 
 
 that no person shall be punished under this article, who places 
 obstructions in the streets or alleys oi' incorporated cities or towns 
 for purposes of improvement by permission of the corporate 
 authorities ofsuch city or town. 
 
 Art. 400a. If any fvco white person or persons shall play at 
 any game with cards, or at any other game or games of chance 
 with a slave or slaves, or a free person of color, he or they shall 
 tied not less than twenty nor more than one hundred dollars, 
 or imprisoned in the county jail not more than three months, 
 at the discretion of the ju.iy. 
 
 TITLE 13. 
 
 Chapter 4. 
 
 Gaming. 
 
 Article 410 shall hereafter read as follows : 
 
 i houses commonly known as public, and all gaming houses 
 Q 
 
9S 
 
 arc included within the meaning of the preceding article. Any 
 room attached to such public house and commonly used for 
 gaming, is also included, whether the same be kept closed or open. 
 A private room of an inn or tavern is not within the the mean- 
 ing of public places, unless such room is commonly used for 
 gaining ; nor is a private business office or a private residence to 
 be construed as within the meaning of a public house or place ; 
 Provided, said private residence shall not be a house for retail- 
 ing spirituous liquors. 
 
 Article ^11 shall hereafter read as follows : 
 
 Upon the trial of any person accused of offending against the 
 two preceding articles, either in the District Court or Justice's, 
 or Mayor's Court, it shall not be necessary to prove that any 
 money or article of value, or the representative of either, was 
 bet at such game. The offence is complete without such proof. 
 
 TITLE 14. 
 Chapter 2. 
 
 Sale of unwholesome food, drink or medicine. 
 
 Article 426a. If any person shall sell any spirituous, vinous 
 or malt liquor intended for drink, knowing the same to be adul- 
 terated with any substance or liquid injurious to health, he shall 
 be punished by line not less than fifty nor more than five 
 hundred dollars. 
 
 TITLE 15. 
 
 Chapter 2. 
 
 Of Ferries. 
 
 Article 430a. If any person or firm shall keep any ferry 
 over any water course, navigable stream, lake or bay in this 
 State, and shall charge or receive any money, property or other 
 valuable thing for crossing passengers or property at such ferry, 
 without first obtaining license is now or as may be hereafter 
 required by law, such person or firm shall be deemed guilty of a 
 misdemeanor, and shall be punished by fine not less than fifty 
 nor more than two hundred dollars. 
 
99 
 TITLE 19. 
 
 Chapter 1. 
 
 ig insurrection or i '/nation. 
 
 Article 653 shall hereafter read as follows : 
 Any person who shall in the presence or hearing of any slave, 
 !• words calculated and with the intent to render such 
 icontented with his state of slavery, or who shall by 
 d to a slave, endeavor to render said 
 tented with his state of slavery, shall be puni 
 by confinement in the penitentiary not less than two nor more 
 than five years. 
 
 Article 6.33b. Any free person who shall publicly maintain 
 that masters have not right of property in their slaves, either by 
 . writing or -printing, shall be punished by confinement 
 in the penitentiary no; less than two more than four years. 
 
 Art. 653b. Any free person who shall privately or otherwise 
 
 tthati publicly maintain that masters have not right of proj 
 
 in their slaves, with purpose to bring toe institution of slavery 
 
 (African) into dispute in the mind of any five inhabitant of this 
 
 . oi' any resident for the time being therein, shall be 
 
 inementin the penitentiany not less than two 
 
 )i''i i tore than live years. 
 
 . If any free pel" ;' writ •. print, publish or 
 
 i to he written, printed or published, any printing, picture, 
 or other writing, inculcating resistance to the righl of 
 (property rs in their slaves, or calculated to produce in 
 
 slaves a. spirit of insubordination with the intent to advise or 
 in this Mate, to rebel or to make insurrection, or if 
 the intent to give effect to the tendency or to aid 
 t ! 1 '' i '' any such book, writing or publication, knowingly 
 
 ■- he shall be punished by confinement in the 
 ntiary not less than two nor more thai 
 Ai .. If any postmaster or deputy postmaster know 
 
 any such book, writing or publication as is described in the 
 preced ng article, has been received at hisoffice through the mail, 
 Mid shall have reason to believethat the same is 1 to be 
 
 f the provisions of said preceding article, ii mall 
 • duty to give not, f, before thi delivered to 
 
 oi the Peace or rmgfctrate, whoso duty it shall 
 » examine into the character and teadenci ok, 
 
100 
 
 writing or publication, an! the purpose far which the same 10 
 Q ded to be used by the persons to whom it is directed and 
 if upod such examination he shall conclude that said book, writing 
 or publication is such as is described in the preceding article and 
 intend, d to be used in violation of the provisions of said article, 
 it shall be his duty to cause said book, writing or publication to 
 be burned in his presence. 
 
 Art 653e If any person shall subscribe for any, book, writing 
 or publication, such as is described in article 6'53c of this chapter, 
 and with the intent to use the same in violation oi the provisions! 
 of said article, he shall be fined in a sum not exceeding five 
 hundred dollars, or imprisonment in the county jail tor a term 
 not exceeding six months, or both, at the discretion of jury. 
 
 \rt 653f If any postmaster or deputy postmaster shall 
 violate his duty as prescribed in article rJ53d, he shall be deemed 
 guilty of a misdemeanor, and shall be fined in any sum not exceed- 
 ing two hundred dollars. 
 
 Chapter 5. 
 
 Importing slaves guilty of crime. 
 
 Article GG3 shall hereafter read as follows- : ^ ^ 
 
 If any person shall knowingly import or bring- into tnis State 1 
 a slave who shall be a fugitive' from justice, or who shall havj 
 ]ven sold tor, or convicted of crime beyond the limits of this 
 State, he shall be fined not less than one hundred dollars nor 
 more than one thousand dollars, 
 
 TITLE 20. 
 
 Chapter 1. 
 
 Of Arson. 
 
 Article G96a. If any person shall wilfully bum any public 
 building as enumerated and defined in article 683 of this chapter, 
 he shall be punished by confinement in the penitentiary not less 
 than five years nor more than fifteen years, 
 
 Chapter 6, 
 
 Of Burglary, 
 Article 737a. If any person shall attempt to commit thi 
 
 
101 
 
 ■ of burglary, he shall be punished by confinement in the 
 
 penitentiary not less than two years aor more than four years. 
 
 Art. 737b. An " attempt " in the sens- in which the word is 
 
 1 in the preceding article, is an endeavor to aacornplish the 
 
 crime of burglary carried beyond mere preparation, but falling 
 
 short of the ultimate design in any \ art of it. 
 
 TITLE 21. 
 Chapter 4. 
 
 Article 775c, If any person, without the consent of the 
 
 owner, shall drive or cause to be driven any animal of the horse, 
 or cow kind not his own property, from the premises of the 
 owner or keeper, or its accustomed range, to a distance of more 
 than four milrs, 1..' shall be deemed guilty of a misdemeanor, 
 and on conviction thereof, shall be fined not less than twenty 
 hor more than one hundred dollars ; Pros ided, that nothing in 
 this article shall be so construed as to subject any person to the 
 penalty herein, who does not drive stock beyond the nearest pen 
 us< d generally for penning stock to the place where the stock is 
 found. 
 
 t;tle 21. 
 Chapter 4. 
 
 Issuing e licens< unlawfully. 
 
 Article 791a shall hereafter read as follows : 
 
 [f any clerk of any Comity Court or other officer authorized 
 by law to issue a license of marriage, shall, without the consent 
 of the parent or guardian of the party applying, issue a marriage 
 License to a male person under the age of twenty-one. or to a 
 female undtr the age of eighteen years, he shall bo punished by 
 a tii"' not exceeding one thousand dollars. 
 
 Article 801a. That it shall not be lawful for any i 
 preai h the gospel or to exhorl at any religions or other i 
 except upon the farm of his master, unless such preaching or 
 
 rtation shall be in the presence ofat least two slavehold 
 any violation of this article shall be deemed a petty offence, any 
 day be inquired into by any • Peace accordii 
 
102 
 
 title 11, article 61, of the Code of Criminal Procedure, and upon 
 conviction, the negro shall be punished by whipping according 1 
 to the provisions of article 816 of the Penal Code. 
 
 The following articles of the Penal Code are hereby repealed : 
 Articles 74, 170, 171, 172, 173, 174, 574 and 610. But convicts 
 now suffering the punishment of solitary confinement for life in 
 the penitentiary, shall not, by the repeal of the articles of the 
 Penal Code affixing such punishment and prescribing the manner 
 thereof, be released therefrom, but shall suffer punishment in the 
 same manner as it the said articles were not repealed ; but such 
 convict may petition the. Governor for a mitigation of his pun- 
 ishment to hard labor for life in the penitentiary, who may grant 
 such mitigation of the same, ad such convict shall suffer pun- 
 ishment accordingly. 
 
 That this act take effect and be in force from and after the 
 first day of July, A. D. I860, excepting the foregoing repealing 
 clause, which shall take effect and be in force from and after the 
 passage of this act. 
 
 Passed February 11, 1SG0. 
 
 CHAPTER 75. 
 
 AN ACT malting appropriations for the use and support of 
 the State Government for the years 1860 and 1861. 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That the following sums be, and they are hereby appropri- 
 ated for the use and support of the State Government for the years 
 I860 and 1SG1 : 
 
 Executive Department. 
 
 For salary of Governor, annually, $3,000— $6,000 
 
 For salary of Gov'rs Private Secretary, ann'y, £00 — 1,800 
 
 Contingent expenses, annually, 500 — 1,000 
 
 Recovering fugitives from justice, annually, 2.500 — 5,000 
 
 Publishing proclamations, annually, 750 — 1,500 
 
 Department of State. 
 
 For salary of Secretary of State, annually, §1,800— §3,600 
 
 
300— 
 
 (500 
 
 100— 
 
 
 200— 
 
 400 
 
 100— 
 
 200 
 
 100— 
 
 200 
 
 103 
 
 For salary of Chief Clerk in State Department 
 
 annually, 1.400— 2,800 
 
 Printing, annually, 
 
 Porter hire and wood, annually, 
 
 Postage, annually, 
 
 Contingent expenses, annu 
 
 Stationery and books, annually, 
 
 Extra clerk h're, labor and other expenses annu- 
 ally, 400— S00 
 
 Comptroller's Department. 
 
 For salary of Comptroller, annually, 
 
 For salary of Chief Clerk, annually, 
 
 For salary of Chief Tax Clerk, annually, 
 
 For salary of Accountant Clerk*, annually. 
 
 For salary of nine at clerks, each annu- 
 
 ally.' 
 
 Contingent fund, annually. 
 
 Books and stationery, annually, 
 
 Printing, annually, 
 
 Postage, annually, 
 
 Blank assessment rolls, annually, 
 
 Fire wood for Comptrollers and Treasury build- 
 ing, annually. 
 
 Porter hire, annually. 
 
 Treasure it's Office. 
 
 For salary of Treasurer, annually, $1,800— $3,600 
 
 For salary of ChFf Clerk, annually, 1,200— 2,400 
 
 Contingent fund, annn 200 — I 
 
 Court of Claims. 
 
 F<>r Balary of Commissioner of Claims, annu- 
 ally/ $2,000— $4, 
 salary of Chief Clerk, annually. 1,200— 2,400 
 ingent expenses, including books, station- 
 ery, postage, fire wow,!, porter hire, prin- 
 ting and all other expenses, annually, — 800 
 
 $1,800- 
 
 -$3,600 
 
 1.400- 
 
 
 ,200- 
 
 - 2,400 
 
 1,200- 
 
 - 2,400 
 
 900- 
 
 -16,200 
 
 300- 
 
 - 600 
 
 300- 
 
 - 600 
 
 250- 
 
 - 50;) 
 
 
 - 400 
 
 600- 
 
 - J/200 
 
 200- 
 
 - 400 
 
 250- 
 
 - 500 
 
104 
 Geological Bureau, 
 
 Fur salary of Geologist, annually, $3,000— $6,000 
 
 Fur salary of two assistants, each, annually, 1,500 — 3,000 
 Expenses, savveys, chemicals, traveling and 
 
 other expenses, annually, 4,000 — 8,000 
 
 Pensions. 
 
 To Juana Navarro Alsbury, annually, 8100 — §200 
 
 To Thomas Barnett, annually. 100— 200 
 
 To David Cole, annually, 100— 200 
 
 To James M. Day, annually, 100— 200 
 
 To Rolla M. Davis, annually, 100— 200 
 
 To James W. Nichols, annually,, 100— 200 
 
 To Thomas Norris, annually, 100— 200 
 
 To J. B. Thacker, annually, 100— 200 
 
 To David Webb, annually, 100— 200 
 
 To H. M. Smith, annually, 250— 500 
 
 To Charles Shepard, annually, 125 — ■ 250 
 
 To Joseph E. Field, annually, 200— 400 
 
 To Widow of Henry Tierwester, annuallv, 100— 200 
 
 To William H. Anderson, annually, 100— 200 
 
 Boundary Survey. 
 
 For pay of Commissioners and Officers for run- 
 ning boundary line between the State of 
 Texas and the United States, $15,000 or 
 
 so much thereof as may be necessary, §15,000 
 
 Penitentiary. 
 
 For salary of Superintendent of the Peniten- 
 tiary, annually, $1,500— $3,000 
 
 Salary Financial Agent, annually, 1,500— 3,000 
 
 Salary three Directors, each, annually, 250 — 1,500 
 
 Salary Chaplain, annually, 250 — 500 
 
 Salary attending Physician, annually, 500 — 1,000 
 
 Stationery, postage and printing, annually, 150 — 300 
 
b'09— 
 
 1,2 IS 
 
 203— 
 
 406 
 
 750— 
 
 1,500 
 
 7,000— 
 
 14,0(H) 
 
 
 3,500 
 
 150— 
 
 300 
 
 105 
 Judicial Department. 
 
 For salarv of three Judges of Supreme Court, 
 
 each^ annually. ,000— $18,000 
 
 Fur salary of three Librarians, each, annually. 300 — 1,800 
 Contingent fund, three branches Supreme Court, 
 
 annually, 500— 3,000 
 
 Pay of Sheriffs for atl Supreme Court 
 
 at £3 per day, for each day of the terms 
 
 for three branches (say 203 days,) anna- 
 ally, 
 Fortei hire same length of time, $ 1 p< r day s 
 
 annually, 
 For purchase of books for use of Supreme Court 
 
 Libraries, to be expended under direction 
 
 of the court, for two y< ars. 
 For publishing reports annually. 
 For publishing 21st volume reports, 
 For tecs (4' clerk oi Supreme Court, annually, 
 
 Attorney General's Offh 
 
 For salary of Attorney General, annually, $1,S00 — $3, 
 
 Contingent fund, annually, 100 — 200 
 
 Attorney's fees in appeals in cases of felony, annu- 
 ally, 250— 500 
 
 District Courts. 
 
 For salarv of twenty District Judges, annu- 
 ally, $45,000— $90,000 
 
 For salary of twenty Attorneys, annually, 10,000— l s . 
 
 For Clerk's, Sheriffs and Attorney's fees, annu- 
 ally, »00— 10,000 
 
 General Land < Iffice. 
 
 For salary of Commi nnually, $2,000 — $4,000 
 
 salary of Chief Clerk, annually, 1,400— 2,800 
 
 Foi salary "of Translator, annually, 1,200— 2, 
 
 For salary of Receiver, annually. 1,200 — 2,400 
 
 For >,iiary of Chief D mually, 1,200— 2 
 
300— 
 
 t?00 
 
 400— 
 
 800 
 
 250— 
 
 500 
 
 100— 
 
 200 
 
 250— 
 
 500 
 
 10G 
 
 For salary of three Assistant Draftsmen, each, 
 
 annually, 1,100- 6,000 
 
 For six 2nd Assistant Draftsmen, each, annu- 
 ally, 1,000— 12,000 
 
 For salary of 23 Assistant Clerks, each, annu- 
 
 900- 41,400 
 : ,)i>-vy, annually. 1 >9?9~~ 2 >°9° 
 
 Contingent fund, annually, 
 
 Po a age, annually. 
 
 Fire wood, annually, 
 
 Printing, annually, 
 
 Porter hire, annually, 
 
 Deaf and Dumb Asylum. 
 
 For salary of Superintendent and all other 
 
 expenses, annually, §9,000—118,000 
 
 Blind Asylum. 
 
 For salaries and all other expenditures, annu- 
 ally, §5,500—511,000 
 Indemnity to owners of slaves exeeuted, annu- 
 ally, $4,000— $8,000 
 Printing laws and journals of 8th Legislature, §12,000 
 For printing reports of Government officers, 
 
 §3,859,74— §3,859,74 
 For distributing laws and journals of present 
 session of the Legislature, and reports 
 Supreme Court, §2,000 
 
 Sec. 2. That the Comptroller shall not draw his warrant 
 upon the Treasurer for any amount herein appropriated for con- 
 tingent expenses of any of the Departments of the Government, 
 except upon sufficient vouchers. And that this act take effect 
 and be in force from and after its passage. 
 Approved February 11th, 1860. 
 
 CHAPTER 76. 
 
 AN ACT to create the county of Wilson. 
 Section 1. Be. it enacted by the Legislature of the State of 
 
107 
 
 Texas, That all the territory comprised within the following 
 limits shall be created into a new c >unty to be called Wilson. — 
 beginning on the west bank of the Cibolo, at the mouth of the 
 Martinez creek, thence on a straight line to the north east cor- 
 ner of Atascosa county line, then : s s luth 39°east with Atasi 
 line to th* 1 north-west corner of Karnes county ; thence same 
 course continued four and three quarter milesalong the said Karnes 
 county line; thence north 51° east to the south-west boundary 
 line, of Gonzalescounty ; thence north 39° west with Gonzales 
 county line to the south-east boundary line of Guadalupe county ; 
 thence south with said line to the Cibolo ; thence up the 
 Cibolo with its meanders to the place of beginning. 
 
 Sec. 2. That ]>r. G. J. Houston be, and he is hereby 
 appointed a Commissioner to organize said new county, and it. 
 reby made his duty to do the same by ordering ah election 
 for county officers according to the general la vs regulating elec- 
 tions, said election to be held on a day by him to be named and 
 due notice oi thp same to be given in accordance with the laws 
 lections, the said election to be held at a point or 
 points within the limits of said county, to be by the said 
 named and duly published in said county, and when 
 the returns of said election shall have been made to the said 
 ton, he shall issue certificates of election to the persons 
 elected, and shall administer the oath of office to them in due 
 form : provided, that in ease of the failure to act of said Hous- 
 it shall be lawful for the Chief Justice of Bexar county to 
 duties herein required of him. 
 Sec. 3. That so soon as the said county of Wilson has be su 
 I as aforesaid, and the officers of the same qualified, 
 ace >rdiug i" law, they shall enter upon the discharge of th sir 
 respective offices, and all courts in and for said county shall 
 held at Sutherland Spring until the county seat o\' said county 
 shall 1).' permanently located as hereinafter provided. 
 
 Sec. 4. It shall be the duty oi the Court of Wilson county 
 to ascertain by means of a plat and certificate from the Q ei 
 1. I Offi . under the seal of the same duly authenticated, the 
 
 r of said new county, and select two or more sites nei 
 the center ol said new county, having i for any dona- 
 
 tion of land, that may be made for that purposa, as well as 
 convenience of water, and when so B< lectcd the Chief Justici 
 Baid umnty shall order an election to fix said c< l1 . which 
 
 shall !>■ conducted according to the general laws n 
 elections for i ouuty officers, and if at the i ion neith 
 
 all the v 
 
103 
 
 then the Chief Justice shall order another election to beheld for 
 the two sites receiving the highest number of votes, and the site 
 receiving a majority of all the votes cast, at any such election, 
 shall be declared the county seat, and the County Court shall 
 
 ignate the name of the same. 
 
 Sec. 5. The County Court of Wilson County may pur- 
 ch i-i', if necessary, or receive by donation land not exceed- 
 ing three hundred and twenty acres for. the use of the county, 
 ami shall lay off the site so selected into suitable lots, and after 
 selecting and setting apart such suitable lots, as may be neces- 
 sary for a court-house, jail, clerk's offices, school-houses and 
 burying grounds, they shall proceed to sell the remainder or such 
 portion thereof as they may deem necessary at public auction, 
 at such time and upon such terms as will most conduce to the 
 interest of the county, and shall apply the proceeds thereof to 
 the erection of necessary public buildings for the use of the 
 county. 
 
 Sec. G. That the Commissioner above named shall be enti- 
 tled to three dollars per diem for every day that he is necessarily 
 employed or detained in holding said election and organizing said 
 county of Wilson. 
 
 Sec. 7. That this act take effect from and after its passage. 
 
 Approved Feb. 13, 1860. 
 
 CHAPTER 77. 
 
 AN ACT requiring the paymaster for tlie State troops on the 
 
 Rio Grande, to receive pay for arms and o her necessary 
 
 articles furnished by individuals to said troops. 
 
 Section 1. Be it enacted by the Legislature of the State of 
 
 Texas, That the Comptroller of the State be, and he is hereby 
 
 directed to require of the paymaster, or other agent appointed 
 
 to pay tin? troops of the State, ordered by the Governor to 
 
 service on the Rio Grande, to • deduct from the pay of said 
 
 officers and men, the amount due to citizens and merchants for 
 
 the purchase of lire-arms and other necessary articles by said 
 
 officersand men, the payment of which is not made by the State 
 
 and that the said paymaster is hereby recpiired to pay the said 
 
 amounts over to the party or parties, or their agents," to whom 
 
 the said amounts may be due. 
 
100 
 
 Sec. 9. That this act shall take effect and be in force from and 
 after its passage. 
 
 Approved 13th February, 1860. 
 
 CHAPTEB 
 
 AN ACT %ertahi 
 
 land against the ! 
 
 1 
 Section 1. /.•■■ 
 
 s, That any person who may be the original grantee, I 
 or legal assign, of any grant of land emanating from the Span- 
 ish or Mexican government, and having its origin previous to 
 the nineteenth day of December, A. D, 1836, and situ.; 
 between the Nueces and Rio Grande rivers, and below a line 
 drawn from the upper boundary of Webb county to the mouth 
 of theMoroa creek emptying into the Nueces river, may file his 
 petition in the District Court A' the county in which said land 
 may be situated, which petition shall he filed at leasl ten days 
 belore the time for holding oi said Diatrid Court, and shal- 
 contain a full description of (he land claimed, setting forth par] 
 ticularly, its situation, boundaries and extent, and shall 
 
 mpany such petition with tin- titles (^v evidences of titles or 
 right under which the is held or claimed ; and the said 
 
 District Courts shall inv n accordance with 
 
 the laws of nations, the laws. and customs of the govern- 
 
 m snt from which the claim is d and the principles of 
 
 equity, so far as the same are applicable, and shall give judg- 
 ment lor the confirmation cf the same when the title is perfect, 
 
 lien imperfect, when the same would have been matured 
 into a perfect title under the laws, u id customs oi 
 
 government under which it originated had its sovereignly over 
 
 same not passed to, and been vested in the Republic of 
 Texas : providi ./, said title or said imperfect title or right was 
 originally founded in good faith : and, provided, thai no service 
 of such petition shall be necessary. 
 
 S ;c. '2. Thai (.all of said claimants shall, at the time,.;' 
 filing aaid claim, accompany the same with an affidavit, made 
 bef re Bome competent officer, that the title or evidi title 
 
 of the claim submitted for investigation is not forged nor ante- 
 
 i. bul that the same is genuine, and thai I true and 
 
110 
 
 Eul otrner or part owner thereof, and that all the facts set 
 forth in his petition are true to the best of his knowledge and 
 belief, and any claimant swearing falsely as to any of the facts 
 herein required to be sworn to, shall be deemed guilty of per- 
 jury, and on conviction thereof, shall be punished accordingly 
 
 Sec. 3. That it shall be the duty of the District Attorney 
 of any District in which any such case may be tried to super- 
 intend the interests of the State in the premises, to attend the 
 trial of any such causes, and to iile cross-interrogatories when 
 depositions shall be taken. 
 
 Sec. 4. That the clerks of the District Courts shall be, and 
 they are hereby authorized and required, on application of the 
 District Attorney, or of any claimant or his counsel, to issue 
 writs of subpoena, commanding the attendance of a witness or 
 winesses before said District Courts, to give testimony in the 
 cause to be tried 
 
 Sec. 5. That any claimant under this act shall pay all 
 costs of court expended in his behalf, and shall in addition, be 
 taxed a fee of twenty-five dollars, which fee shall, by order of 
 the Court, be paid to the District Attorney representing the 
 interest of the State in such case. 
 
 Sec. G. That the District Court shall, without the interven- 
 tion of a jury, proceed to render judgment upon the pleadings 
 and evidence in any such case, and shall, on application of 
 either party, grant an appeal to the Supreme Court, upon the 
 the same terms and conditions and requirements as appeals are 
 granted in other eases. 
 
 Sec. 7. That when the judgment of the Court shall be 
 given in favor of the claimant of any perfect grant, no other fee 
 or costs shall be taxed, except such as is provided for in section 
 fifth of this act, but in any case in which judgment shall be 
 given in favor of the claimant under an imperfect grant, the 
 Court shall condemn the claimant to the payment of such 
 amount as the claimant would have had to pay, had not the 
 sovereignty of the soil changed, in addition to the costs taxed 
 1 y section fifth of this act, and it shall be the duty of the 
 clerk of the District Court to enter the judgment of the Court 
 in full on the docket, which shall show the amount to be paid 
 by each claimant. 
 
 Sec. 8. That no confirmation under this act shall be con- 
 strued to confirm tij^e to any salt springs or lakes, or mines 
 of gold, silver, copper or lead, or to any island of the State. 
 
 Sec. 3. That all lands the claims to which shall be finally 
 rejected in the manner herein provided, shall, be deemed, held, 
 
Ill 
 
 find considered as part of the public domain of the State and 
 for all claims finally confirmed under the pro isions of this act 
 a patent shall issue in the name of the I grantee his 
 
 li ;-':: s a ? d k'gal assigns, upon presentation to the General Land 
 01 ice of an authentic certificate of such confirmation, and the 
 fceld notes of the District Surveyor of the county in which the 
 land may be situated, accompained with the legal vouchers that 
 the taxes on the same have been paid since the organizatio 
 such county: ]'.■ that the claimant shall pay to the 
 
 Commissioner of the General Land Office the amount to which 
 he nmy have teen condemned by the Court under the latter cla 
 ot the seventh section of this act, and, furtli . • . !, that no 
 patent shall issue to any tract of laud, confirm >d by virtue of this 
 act, upon which a genuine land certi anating from the 
 
 Republic or State oi Texas has been located and surveyed 
 Recording to law. 
 
 Seo. 10. That the final confirmation rendered In- the Conri-. 
 or any patent issued under tl is act, shall be conclusive between 
 the btatc and said claimants onlv, and shall in no way be 
 Itrued to interfere with any rights which may have accrued to 
 Other parties by the location oi anj genuine certificate or by 
 ar«y confirmation of title under the I " to relinquish the rHit 
 the ^ ''tain lands therein named," approved February 
 
 ■ same shall remain without prejudice 
 
 all be limited to the term of three 
 years from ana after its passage. 
 
 Approved 11th February, I860. 
 
 CHAPTER 7 9. 
 
 ■ of the I 
 * T 1. Be it by the Lcgislo 
 
 • hat the Commissioner of the General Land - • 
 Rod he is hereby authorized and required to charge and re ■ 
 the State the following I : 
 r patents for six hundred and forty acres of land or less- 
 two dollars. 
 
 ts of tracts of over six hun Ire I and forty acres and 
 Dp to twelve hundred and eighty 
 
 V^v patents on tracts of over twelve hundred aty acres 
 
 and up to two-thirds of a league of land-— five 
 
112 
 
 For patents on tracts of over two-thirds of a league and up to 
 one league of land— ten dollars, and one dollar additional on every 
 additional five labors on surveys of over one league of land 
 
 For copies of any paper, document or record, in the Land 
 Office, in the English language— fifteen cents per hundred words. 
 
 For certificate and seal— fifty cents. 
 
 For copy or translation of any paper, document, or record in 
 nnv other than the English language — twenty-five cents per 
 hundred words, and for certificate and seal thereto, seventy-five 
 cents in addition. ' . 
 
 For statements, sketches, examinations- and other like work 
 such fees as may he established by the Commissioner of the 
 General Land Office according to the time and labor required. 
 "' Sec. 2. That all laws heretofore in force regulating the fees 
 of theGeneral Land Office, so far as they conflict with the pro- 
 visions of this act, be and the same are hereby repealed ; and 
 this act shall take effect and be in force from and after its 
 passage. 
 
 Approved 14th February, 1860. 
 
 CHAPTER SO. 
 
 AN ACT to repeal the second section of an approved January 
 17, 1860, authorizing the Commissioner of the General Land 
 Office to issue patents on surveys heretofore made not in regu- 
 lar form according to laiO. 
 Section 1. Be it enacted by the Legislature of the State of 
 
 Texas, That the second section of the above recited act ia 
 
 hereby repealed, and that this act take effect from and after its 
 
 passage. 
 
 Approved February 14th, 18G0. 
 
 CHAPTER 81. 
 
 AN ACT making appropriations to supply the deficiency in 
 former appropriations and for other purposes. 
 Section 1, Be it enacted by the Legislature of the State of 
 
113 
 
 Texas, That the following sums be, and they are hereby appro- 
 bated to supply the deficiency in former apprDpriations and for 
 other purposes. 
 
 Fur boring Artesian well on Capitol -round and for 
 laying off and improving Capitol square— $3,000 
 annually, or bo much thereof as may be necessary 
 to be expended under supervision of the Board of 
 Commissioners of public grounds and buildings- 
 six thousand dollars, - - - _ " ' ^G 000 00 
 For payment ol Audited Scrip No. 6729, to order of ' 
 Robert M. Bedford, assignee of J. 15 Webb of 
 date December 8th, 1837— one hundred dollars'' 100 00 
 For pay of John M. Wyatt, Sheriff of Burleson 
 county, for bringing Tom Middleton from Louisi- 
 ana to Bastrop— seven hundred and sixty-five 
 dollars, - - - - _ _ _ - (r )Q 
 
 For paj of S. Gt. Haynieand Janus <;. Swisher fo"r 
 services as Commissioners for the erection of 
 Capita] building from June 4th, 1852, to Decem- 
 ber 4th, 1854, each,— seven hundred and fifty 
 dollars, - t KAft nr . 
 
 t,t r T -r^ , 1,.;00 00 
 
 Uoi pay of James Doyle, as Superintendent of the 
 building of the Capitol, from June 4th, 1852 to 
 December 4th, 1854— twenty-two hundred and 
 fifty dollars, - - _ _ . . - 2 250 00 
 
 *or pay oi James S. Robinson, District Attorney of 
 the 16th Judicial District, for defending the 
 interest of the State in the suits to establish the 
 Meters colony certificates— two hundred and 
 fifty dollars, ----__ ©50 00 
 
 F or purchase of hooks for State library, fifteen" 
 hundred dollars, to be expended under direction 
 ot the Board of Commissioners of public -rounds 
 and buildings, - - _ » j r-n^ qq 
 
 For pay, balance due 3, 1st issistant draftsmen in ' 
 
 Ueneral Land Office for the wars 1858 and 1859— 
 ^ two hundred dollars each, - qqq qq 
 
 ror translating and printing B uch laws as the Gover- 
 nor may direct, in the German and Spanish lan- 
 guag twenty-five hundred dollars. - - ^ 500 CO 
 
 ror James McGee public debt. - _ . ~" 27 37 
 
 •' E. B. Scarborough, publishing act for boring 
 Artesian well, an 1 pro P ( s Is ; t b .ring the Bame, 89 00 
 
 J '" ; ' Ba nard and Kinney, publishing 
 11 
 
114 
 
 ing Artesian well, and publishing proposals 
 
 for boring the same, _____ 83 00 
 
 For Oldham & White, Attorneys-at-law, defending 
 the State in two cases, viz : Robert Rose, on 
 Empresariji} contract of Joseph Vehlin and Rob't 
 Ruse in behalf of Lorenzo de Zavalia — five 
 hundred dollars in each case, - 1,000 00 
 
 For Jonathan Anderson and M. V. Lout, expenses, 1;32 00 
 
 For F. A. (Stevens, carrying express by order of the 
 
 Governor, - -' - - -.- - - 50 00 
 
 For W. A. Pitts, as clerk of Board of School Com- 
 missioners from 17th March to 17th December, 
 1S59, to come out of special school fund, - 225 00 
 
 For James O. Illingsworth, assistant clerk of Court 
 of Claims from 1.6th April to 16th June, 1859— 
 seventy-five dollars per month, - 150 00 
 
 For J. W. Vickery, balance for distributing laws, 06 00 
 
 For Robert Barr, as Secretary of Board of School 
 Commissioners from 21st March, 1S57, to lGth 
 August, 1858, and to the same party $50 sundry 
 services, in all to come out of the special school 
 fund, ________ 521 67 
 
 F«>r E. B. Scarborough, balance due on printing laws 
 in Spani*\ __--_-- 127 60 
 
 For John Hearn, expenses keeping criminals, - 25 50 
 
 For taking scholastic census for 1860 and 1861, an- 
 nually — $6,000 00, to come out of school fnnd 
 distributable to the counties, and the six 
 thousand dollars heretofore appropriated for schol- 
 astic census for 1859, to be paid out of such fund, 12,000 00 
 
 For purchase of stationery and wood for next Legis- 
 lature — fifteen hundred dollars, - 1,500 00 
 
 For Baker & Root, for publishing act in relation to 
 Artesian well, and for publishing proposals for 
 boring said wells, - 46 00 
 
 For printing and compiling abstract of lands ordered 
 
 by the Comptroller, '"'- - - - - 4,000 00 
 
 For keeping public buildings and public grounds in 
 good order, to be expended under supervision of 
 Board of Commissioners on public grounds and 
 buildings, one thousand dollars annually, or so 
 much as may be necessary, - 2,000 00 
 
 For W. S. Hotchkiss and J. Q. St. Clair, as clerks 
 
 in Comptroller's office from 1st to 8th February, 50 00 
 
Ill 
 
 For Charles A. Russell, District Surveyor of Kan 
 county, for compiling map of Karnes land dis- 
 
 * tn f' ; ■.;. 150 00 
 
 for J.am<?3 E . Swindell, Surveyor, Youag land dis- 
 
 • making a complete map of the surv j 
 
 nng land districl to be paid upon the certificate 
 
 pi Commissioner of General Land Office, that 
 
 w • :i;: ; !l map lias been furnished Ins office, 150 00 
 
 : ■' 9- ,! - garrison, sub, engineer, five hundred and 
 
 tv-Uve cl iln ' date January [l 
 
 , ''' ,l) > to «'•' : river fund, r . 535 oo 
 
 *oram< i [ 11?w t ] ie Q overfl 
 
 it to examine the & lor 
 
 ing out the rivers, and othi r water improve* 
 liars, to be taken oul 
 Ik'ver Improvement Fund* - [ qtj 
 
 For John Burlage^ two hundred and fcwenty-fiyp 
 • for indexing naval records in Court of 
 Claims, which account was approved by E4ward 
 r j Clark and J. B. Sliaw, - - - . 225 00 
 
 l° r pay for the service am 2 subsistence oi troops 
 ived into the service of the State on the I 
 in the late Cortina war,or • 
 . as may be necessary, - .000 00 
 
 Marshall for printing hier / | ,. ports 
 uch as may ne necessary : 
 is not ol i ,<.-....,- 59 ^ 
 
 aid for ■ aa 1;1;;v 
 
 ------ 075 00 
 
 Welfefor keeping and feeding mules 
 
 B mndary Sun - ' - - {j>Q 00 
 
 ; shall u to any claim 
 
 have bei h I for by prey's 
 
 LWS. 
 
 Sr - • 2- Thai this acl ta£ , . ; .„ rp 
 
 Ap lary 14th, 18l ° ' 
 
 ... ,. , ■ if ike I 
 
IIS 
 
 Texas, That when an account shall hereafter he pre'senSe*! f&i 
 any demand for which an appropriation has been made, it. shall 
 ho the duty of the Comptroller to audit and allow tile claim if 
 legal, and to issue his warrant for the amount, ami if there be- 
 no money in lite Treasury to pay ther demand, then the Comp- 
 troller shall h warrant upon the Treasury for the amount- 
 with ten per cent, per annum interest from date, which warrant 
 shall be countersigned by the (Governor, and shall be numbered 
 ami endorsed by the Treasurer. 
 
 Sec. 2. That it shall be the duty of the Treasurer on the 
 first day of July, A. I>. 1850, and every >ix months tfeereafter^ 
 tor advertise in three papers in different parts of the State, for 
 the presentment of any such Warrants as 5 arc mentioned in the! 
 first section of this act, in the order of li. vir dates and numbersJ 
 and after the expiration of sixty days from silcb notice, said 
 warrants not presented, shall cease to draw mte*rr>st. Haul war- 
 rants shall not circulate as money, but m-iy be assigned. 
 
 Sec. 3. That this act taker effect and i.<? in force frcm anqj 
 after its- passage. 
 
 Approved- 14th Web., I860.. 
 
 CJHAPTEE S'3 J , 
 
 u4N ACT amending' tfie several a'efs regulating 'proceedings in 
 
 the District Courts. 
 
 Section 1. Be it enacted hij the Legislature of the Sate of 
 Texas, That all corporations acting under a charter granted by 
 Che Legislature of this State in all suits, whether as plaintiffs ol 
 defendants, shall' only berequired to plead their acts of incor- 
 poration by reciting their respective captions', and m no ea&j 
 shall be required to set out the said, act. at length. 
 
 Approve* Feb. 14th, 18-6U 
 
 CHAPTER S€ 
 
 AN ACT s^pfJem'eMary to an act entitled ecu ccct to reorganiZ& : 
 the Court of Claims and extend the time for the presented 
 
117 
 
 tion of dam for land agar, , pubtie or State of Texas 
 
 npprovi d Fa bruary 7th, I860. 
 _ Section 1. Be it enacted by Vie Legislature of the State of 
 dexas, Lknt the Commissioner of said court, shall upon satis- 
 factory proof that j | rsoa has been permanently disabled by 
 flie loss ot an eye, arm, or limb, or any other bodily injury which 
 knakes him incapable of bodily labor, from wounds received in 
 Jn e s ' rvu '<' of the Republic of Texas previous to the 18th of 
 December, 1837, issue to such person a certificate for one league 
 of land, as a. testimony of the gratitude of this State, and that 
 paid certificates may be located and patented as in other cases- 
 Provided, that no certificate shall be issued under the provisions 
 <lj J" i:il ^ s the applicant would have been so entitled 
 
 fender the provisions of the act of December 18th, 1*37, enti- 
 {lul making provisions for . . ,, have' been 
 
 j'ermaoently disabled iu the service of the country And fur- 
 h; r provided, that the party applying has not heretofore received 
 pins bounty. 
 
 '^ A '- -■ That l ' '■- act takeeffect from and after its passage. 
 Approv< I 1 1th, 186ft, 
 
 CHAPTER 85. 
 
 MA T JCTfo prevent Judgments from becoming dormant, and to 
 Judgment /A 
 [Section 1. lie it enacted ly the Legislature of the St< 
 ?, lhat whenever judgment shall be rendered by any court 
 wi f J»n this fc t shall be competent for said courtorthe 
 
 <>i said e .url to issue execution thereon at tlie instance of 
 tov party interested and said judgment shall not become dor- 
 mant unh-ss tea years shall have elapsed between the issuance 
 9 ' v itions on tl ame. 
 
 • -• Ti; ''' no judgment hereafter rendered shall operate 
 until hied in the office of county clerk of the County 
 ^ '■"'•; "; tho county where the same is rendered istration 
 
 a1 " 1 ,! s ; ,,al ! " the duty oi the county clerk of each and evi 
 
 • necord all certified copies of sue], judg- 
 ments as »n iy be filed with him for registration, at the earl 
 |L ractl • m ^"' book used in said ofi&ce for the reo 
 
 lusc a regular and alphabetical index to 
 
118 
 
 be made of the names of plaintiffs and defendants in said judg- 
 ments, and also a reference to the page on which said j. dgment 
 is recorded, and the judgment so recorded shall operate as a lien 
 on all the real estate of the defendants, situated in the county 
 in which the same may he rendered, and said lien, unless Sooner 
 released, shall continue in force four years without being rein- 
 scrdibed, 
 
 Sec. 3. That from and after the passage of this act, rib 
 Sheriff or other officer, shall sell real estate, under and by virtue 
 of an execution without having been previously obtained frb'vni 
 the county clerk of the county where the sale is made, a certifi- 
 cate stating the number and amount of judgments against the 
 defendant in execution of record m his office, and the date of 
 record, and which certificate he shall read aloud at the time and 
 place of sale, and the sale of real estate so made, shall puss i$h 
 same to the purchaser iYee from ail judgment hens ; but if there 
 he judgments having a prior lien to that by virtue of which the 
 sale is made, unless such prior lien he released by the claimant, 
 his agent or attorney, it shall be the duty of the Sheriff or other 
 officer making the sale, to return the execution and proceeds of 
 sale to the first term of the court after the sate from which the 
 execution issued, endorsing on the execution his proceedings, 
 and he shall also connex to the execution the certificate of tha 
 clerk, of the recorded judgments; whereupon the plaintiff id 
 execution by virtue of which the sale was made, may move tha 
 court by motion entered on the motion docket, for an order of 
 the court to pay the proceeds of the sale in satisfaction of the 
 execution by virtue of which such sale was made, and if no 
 opposition to the motion be made within three days after said 
 motion shall have been entered on the motion docket, the court 
 shall grant such motion as a matter of course, but if oppositiQfl 
 be made by any creditor holding a judgment having a prior lien., 
 the proceeds, so far as maybe necessary to extinguish such prior 
 judgment and lien, shall be applied to the payment of the same, 
 unless opposition be made thereto upon the ground that sees 1 '. 
 prior Judgment Was fraudulent and collusive, or that the shvffn 
 since rendered, has been paid and satisfied in whole or in parri 
 whereupon the court shall proceed to decide according to the 
 right of the case : Provkl d, however, that if any person should 
 claim the proceeds of any sale so made by virtue of any judg- 
 ment proved to have been fraudulent or collusive inits incipiencj 
 or to have been satisfied in whole or in part, such person sliaH 
 be adjudged to pay twenty per cent, damages upon the amount 
 wroneduliv claimed. 
 
119 
 
 Sec. 4. Th:it any judgment creditor may preserve his hen 
 by causing his judgment to be rerinscribed or recorded as herein 
 provided,' at .any time before the lien expires, and any county 
 clerk refusing or negl.e r ctirig to discharge t lu- duties herein 
 required, shall be responsible in datnag< a for such refusal or neg- 
 lect,- and lie snatl b's allowed to .charge; as fqr recording other 
 installments and certificates. 
 
 Approved 14th Feb., 1860. 
 
 CHAPTElfc S6. 
 
 AX AOT making an appropriation. , far (//<> conthit/'id expen- 
 se s of the £ f atup< . 
 Section 1. enacted by > fJie JLegidatur of the Stateo) 
 
 .7 T ..-'v. Thai the sum oi' live thousand dollars is hereby appro- 
 priated out of tin 1 appropriation hi retofore made lor the mil 
 and perdie'ra pay of the members and officers of the. present Legis- 
 lature, or so much thereof as may he necessary, asau additional 
 contingent fuiid to defray the expenses q£ the present Legisla- 
 ture. 
 
 This act to take effect and he in [owe from and after its , 
 
 
 Approved Feb. 14th, I860. 
 
 CHATTEll 87. 
 
 AN A T attaching certain counties, to organized 
 
 count-it 8 therein named for Judicial and other />urj>oscs 
 
 ITon 1. J; t f hy tin Legislaiiqrq.qf ilie Stat 
 
 is, That the territories comprisiog the unorganized coun 
 named in this act up til organized by the laws creating saidcoun- 
 Rhal I o consul 'red attached, and part and portion of such 
 prganiz • 1 c »u t pained for all judicial purp 
 
 whatso (ver, and the county and 1 K-tiiet ( Jourts pf said organize 1 
 counties sh ill h ive full and entire jurisdiction ovi r Buch unOr- 
 
120 
 
 ganized counties until properly organized themselves. 
 
 Sec. 2. For such purposes the counties of Coleman and 
 Kunnels. shall he attached to the county of Brown, and when 
 the county of Coleman is organized, the county of Runnels shall 
 be attached to the said county of Coleman. 
 
 Sec. 3. The counties of Eastland, Callahan and Taylor, 
 shall be attached to the county of Comanche, and when the 
 county of Eastland is organized, the counties of Callahan and 
 Taylor shall belong to the county of Eastland. 
 
 Sec. 4. The counties of Buchanan, Shackelford and Jones, 
 shall be attached to the county of Palo Pinto, and when the 
 county of Buchanan is organized, the counties of Shackelford 
 and Jones shall belong to the county of Buchanan. 
 
 Sec. 5. The counties of Throckmorton, Haskell, Knox, 
 Baylor and Archer, shall be attached to the county of Younjr, 
 and when Throckmorton is organized, the counties of Haskell, 
 Knox and Baylor, shall belong to the county of Throckmorton. 
 
 Sec. 6. The counties of Clay, Wichita, Willbarger, Harde- 
 man and Greer, shall be attached to the county of Montague, 
 and when the county of Clay is organized, the counties of 
 Wichita, Willbarger, Hardeman and Greer shall belong to the 
 county of Clay. 
 
 Sec. 7. The counties of McCulloch and Concho, shall bo 
 attached to the county of San Saba, and when the county of 
 McCulloch shall be organized, then the county of Concho shall 
 be attached to the county ot McCulloch. The county of Men- 
 ard to the county of Mason ; the county of Kimble to the 
 county of Gillespie ; the county of Edwards to the county of 
 Bandera ; the counties of Dawson, Kinney and Zavala to the 
 county of Uvalde, and when Zavala shall be organized, then the 
 county of Kinney shall be attached to Zavala county ; the 
 county of Frio to the county of Atascosa ; the county of McMul- 
 len to the county of Live Oak ; the county of Duval, Encinal 
 and La Salle to the county of Nueces, and when the county 
 of Duval is organized, the counties of Encinal and La Salle 
 shall belong to the county of Duval ; the county of Dimmit 
 to the county of Webb. 
 
 Sec. 8. That the Assessor and Collector of any organized 
 county to which any unorganized county or counties are attached 
 for judicial purposes, arc hereby authorized and required to a 
 and collect the taxes, both State and county, from all persons 
 (and on all property subject to taxation) living in any of said 
 unorganized counties, the same as if they were citizens of said 
 organized counties. 
 
121 
 
 Sec. 9. All acts and laws conflicting with this act arehereby 
 repealed, and this act go into effect from and after its passa 
 Approved February 14th, 1860. 
 
 CHAPTER SS. 
 
 ^JV ACT to defim , i •< certain the boundaries between THrath 
 
 and omanche countv s. 
 
 Section 1 Be it enacted by tJie Legislature of the State of 
 Teocasx Thai the Boutk-west corner of Erath county as mentioned 
 in an act approved January 20th, 1 V ."JS. entitled an acl to amend 
 an act creating the county of Comanche, approvi d January 25th, 
 p.85 >, and an art amending said act, approved August 25th, 
 J856, be, and the same shall be, at a point eleven miles south 
 sixty degrees west from the north-west corner of Bosque county, 
 as established by the original act creating Bosque county, and 
 paid corner shall be the point from which the boundary lines 
 between Comanche and Erath county shall run as defined in the 
 kbove recited act. any law to the contrary notwithstanding. 
 
 Sec. 2. That this act take effect from and after its passage. 
 
 Approved Feb. 14th, 1S60. 
 
 CHAPTER 89. 
 
 AN ACT to provide for the organization of the Militia of the 
 
 State of Texas. 
 
 Section 1. Be it enacted by the Legislature of the Stat* of 
 Texas, That every able-bodied free male inhabitant of this State, 
 between the ages of eighteen and forty-five years, shall be liable 
 to perforin military duty, except as herein provided ; bu1 no 
 !i shall be called on to perform military duty who shall not 
 at the time, have r< sided til leas; one month in the Stale, and. 
 ten days within the bounds of the company to which he b< longs 
 excep: in cases of actual or threatened invasion, in which case he 
 shall perform such duty as may be required of other persons, and 
 shall be subject to like lines and pcnalti 
 
122 
 
 Se-. 2. Julges of the Supreme, District and Probate Courts. 
 Secretary of State, Auditor, Treasurer aad Comptroller of the 
 State, clerks of the Supreme and District Courts, Justices of the 
 Peace, Postmasters who havo the care of the mails of the United 
 States, Post riders, Public millers, Ferrymen on public mads. 
 Teachers and Professors in academies, shall he exempt from 
 military duty, except in cases of imminent danger, insurrection 
 or invasion. 
 
 Sec. 3. The militia of the State shall he divided into six- 
 teen divisions, and thirty-two brigades ; two regiments shall he 
 formed in each Senatorial District, except the twenty-ninth and 
 thirty-third districts, which shall furnish two regiments. Two 
 regiments shall constitute a brigade^ and two brigades a divi 
 The first and second Senatorial Districts shall form the first 
 division ; the third and forrth th 1 division ; the fifth 
 
 mid sixth the third division ; the seventh and eighth the fourth 
 division ; the ninth and fourteenth the tilth division ; the tenth 
 and eleventh the sixth division ; the twelfth and thirteenth the 
 pevtentih division ; the fifteenth and twenty-first lln eighth divi- 
 sion ; the sixte; nth arid seventeenth the ninth division ; the 
 eighteemth and nineteenth the tenth division ; the twentieth 
 and twenty-ei.v;'''' h tin- eleventh division; th ty-secolld 
 
 and twenty-third the twelfi h division ; the twenty-fourth and 
 twenty-fifth the T!;iit<enth division : t}\c twenty-sixth and 
 twenty-seventh the fourteenth division ; the twenty-ninth, 
 thirty-second and thirty-third the fifteenth division ; the thirtieth 
 and thirty-first the sixteenth division. 
 
 Sec. 4. The militia of each district, when the number of 
 persons therein subject to military duly shall be sufficient to 
 constitute two battalions as hereinafter provided, shall consti- 
 tute one regiment ; but wheii the number of militia men in 
 district shall not he sufficient to constitute two battalions, the 
 militia of such district shall constitute a seperate battalion to ho 
 formed into independent companies as may be found most 
 convenient, and when the number in any district shall ox 
 the whole number hereinafter required to constitute a full regi- 
 ment, including any independent companies which may I 
 in such county, the same may be divided into two regiments by 
 the Brigadier Genera! commanding the brigade to which such 
 district may belong, in such manner as he shall direct ; each 
 battalion shall consist of not more than five nor less than three 
 companies, and each company of not more than one hundred nor 
 less than eighty non-commissioned officers and privates ; and 
 the regiments and battalions shall be numbered by the Com- 
 mander-in-Chief and arranged in numerical order. 
 
123 
 
 Sec. 5. All commissioned officers shall tank aecordin. 
 their grades and the date of their commissions ; but where 
 
 ! the sam i grade are elected or appointed on the i 
 dtv, a difference in the •' their commissions filial] 
 
 e mine their, rauk; the rank of all their field or general 
 
 irs of this State, b<,*ing of 1 tid L who>ari 
 
 pr appointed on th - day, und provisions of this- act 
 
 jfpr the" government and organization ( Fthc militia of this State, 
 shall tye determined by lot to be drawn by the Adjutant 
 in the presence of thy Governor and Secrptary of State : which 
 duty he is required to perform as soon as practicable-, and imme- 
 diately tin :■ so drawn, the result 
 ich drawing : and it shall be the duty of the Adjutant 
 I luk'e an entry in a book kept by hini for that pur 
 ot the grade and rank of each .■ rank is determined 
 in this act. 
 ■. (i. The rank oi is and subalternroflioers which may 
 hereafter be elected on tl i day belonging to i 
 
 .,[ be determined by \oi druwn in pw f the 
 
 imandant ; and the Adjutant shall make a record of 
 
 tin* grade and rank of each officer whos i rank is so determined ; 
 
 and each regiment shall be commanded by one C Lonel, and 
 
 aratje battalion and the iirst battalion in each regiment 
 
 by a Li< litqh&ui Col >ne] ; t lu- si cond battalion in each regimbni 
 
 one Major,; each company: In* one Captain, one first and 
 
 ud Lieutenant, and such npn -doned oi - are 
 
 usually appointed to companies in the service of the United 
 
 The Majou-Crenei'als each shall appoint Ins Aid-der 
 
 . and the Governor shall appoint one Aidi-de*camp in i 
 
 :-ti. neral's division, with the rank of Colonel oi (Java iy ; 
 
 the Brigadier Generals each his Aid?de-Cainp and Brigade* 
 
 Major ; the commanding officer of each regiment and separate 
 
 battalion his paymaster, Judge Advocate, Adjutant. Qua 
 
 r, Sergeant, Majpr and Fife-Major ; and th? Captains:, 
 their drummers and tilers. 
 
 . T. The Major and Brigadier Genprals of the Stal i shalJ 
 pe allowed to appoin.t in addition to the, staif allowed them by 
 this act, i Other additional si.-. Us as are allowed to officers of 
 
 a like grade in the army of the United States, 
 
 S'kc. 8. The staffs of the Major r Qen<?raJs shall rank as 
 Colonel of Infantry; tli of the BrigadieirGenei'ttls, as 
 
 Majors of Cavalry; and the staffs of Qolonel^Goiam mdant 
 shall rank as Captains of Iufantry ; and the said 
 called into actual per vice; either, by authority of this as the 
 
124 
 
 United States, shall be entitled to the same pay and emolu- 
 ments as officers of the like grade belonging 10 the United States 
 Army. 
 
 Sec. 9. The Governor shall immediately after the passage 
 of this act, appoint one Brigadier-General in each Brigade, 
 whose duties shall be to organize the militia as in section tenth 
 ot this act ; after such organization shall have taken place, the 
 commissioned officers of each Brigade shall proceed to elect the 
 Brigadier-General of such Brigade, and the person so elected 
 shall be commissioned by the Governor, when the appointment 
 under this section shall cease. 
 
 Sec. 10. It shall be the duty of each Brigadier-General, so 
 soon as he may be elected and commissioned by the Governor, 
 under the provisions of this act, to proceed without delay to 
 divide his brigade into regiments and battalions, or separate and 
 independent battalions as the case may be ; and said division 
 shall be made as nearly equal and equitable as practicable ; and 
 it shall be the duty of said Brigadier-General to nrocecd to order 
 or cause elections to be held throughout their respective com- 
 mands, fur Colonels-Commandant, Lieutenant Colonels, and 
 Majors for each regiment or separate battalion ; which election 
 shall be held according to law, and returns made thereof to the. 
 Governor, who shall commission said Colonels, Lieutenant-Colo- 
 nels and Majors, as the case may be ; and said Colonels, 
 Lieutenant-Colonels and Majors shall, after receiving their 
 respective commissions as herein contemplated, cause their 
 respective regiments or battalions to be divided into companies 
 as nearly equa' as practicable, and cause elections to be holden 
 in each county beat for captain, one first Lieutenant, and one 
 second Lieutenant for each company, and such other officers as 
 are allowed by law in the United States service, giving at least 
 fifteen days' notice of such election ; which election shall beheld 
 according to law regulating elections for civil officers, and the 
 returns tnereof to be made to the Colonel-Commandant or the 
 Lieutenant-Colonel-Commandant of each separate battalion, as 
 the case may be, within ten days thereafter, whose duty it shall 
 be to keep said election returns, and within five days thereafter 
 to make out an abstract of said election returns under his hand 
 anil seal, and transmit the same to the Governor by mail, whose 
 duty it shall be to commission all persons elected as aforesaid ; 
 and the term of service of all officers elected under the provision 
 of this act shall be during good behavior, or in case of promotion, 
 resignation or discharge. 
 
 Sec. 11. It shall be the dutv of the Governor to issue his 
 
proclamation requiring elections to be lield in each division, 
 brigade, regiment, battalion and compai nghout the State, 
 
 |] officers contemplated hy this act, to l" 1 elected on the day 
 i part by the proclamati ttion shall 1-* 
 
 published in a1 least one newHpapi division 
 
 thirty days previous to said election ; which elections shall be 
 held at the same places, conducted in the same fnanBer, an i 
 returned in the same way as elections for civil officers, to the 
 Governor of the State, who shall commission the same. All 
 elections to fii I va hall be held i; for the election 
 
 I a vacancy in the offie of Vlaj I rnor 
 
 shall issue his order giving sixty days' tice; which election 
 shall be held at the usual pla ■■ holding elections for civil 
 
 rs in each and every county composing the division in which 
 such vacancy may occur ; and such election shall be held and 
 conducted in the same raauner as hereinafter provided ; and to 
 fill a vacancy in the office of Brigadier-General, the Major- 
 
 ral shall issue his order giving torty days' notice ; to fill a 
 
 icy in the otfice of Colonel of a regiment or Lieutenant- 
 Colonel commanding a separate battalion, the Brigadier-General 
 shall issue his order giving thirty • tice : to fill a vacancy 
 
 in the office of Lieittenant*Colonel or Major of a battalion, the 
 
 ool shall issue his order giving ten days' notice J and to fill 
 ■] \ - mncy in the office of firsl and second Lieutenant, the Captain 
 thai I issue his order giving five day's notice there f. 
 
 Sec. 12. I in who shall be elected and commissioned 
 
 ]ii the Military Department of this State shall resign the same, 
 tinl ilju' shall ha> e fully organized the militia under his command, 
 and shall have made lull returm thereof, of the number of effec- 
 tive men under his command to his superior officer, under the 
 following penalties ; if he be a Major-General, in the Burn of one 
 hundred dollars : if a Brigadier-General, in the sura of seventy- 
 five dollars; if a Colonel of a regii n LieufeenantcColonel 
 of a separate battalion, in the sum ol fifty dollars ; if aLieuteu- 
 ant-Colonel or Major of a battalion, in the sum oi' forty dollars; 
 if a Captain, in the sum of thirty dollars; if a first or second 
 Lieutenant, in the sum of twenty dollars ; to be recovered and 
 appropriated as other lines and penalties are by this act directe 1 
 Sec. 13. In all cases where the militia in any of the military 
 divisions of this 9 all tail to elect such officers as they are 
 required to by law, such division shall be attached to and form a 
 part of some other division which shall have the requisite officers, 
 and shall be subject to perform all military duty by this act 
 
 red, under the command of the offic< rs of the division to 
 
126 
 
 whick they may be attached ; if the delinquency or failure shall 
 b : ccar in a company division, the militia of suck division shall he 
 attached to the next adjoining company in the same battalion^ 
 if any company of the battaiion to which such division belongs 
 shall have (ho requisite officers, by order of the Lieutenant^ 
 Colonel or Major of saieh battalion ; and if there shall he no 
 company in the battalion, organised and officered as required hy 
 this act, l lie militia of each company of such battalion shed! bo 
 attached to the most eonveniesnt company of the regiment which 
 shall he found to have the requisite offieeify by an order of t!ic 
 Colonel of such regiment ; and if any regiment or separate bat- 
 talion shall be found unorganized and without the rcoiisite 
 officers, the militia of such regiment <>r separate battalion shall' 
 be attached to the most convenient regiment Orseparati 
 ion in the brigade which shall be found to have the officers and 
 organization required by law, by an order of the Brigadier* 
 General of the brigade to which such regiment or battalion may 
 belong. If any brigade shall be fourid unorganized end without 
 the requisite officers fco command the same, the militia 
 brigade shall beattadfeed to the most convenient brigade in the 
 division, to which such division belongs, which, shall be bamd to 
 have the officers required by lav, by r,' L -i[rr of the 1 Major-G-enei'^ 
 of such division ; and in all cases when the militia of any divi- 
 sion shall be attached to any ether division, as b ere in before 
 provided, the militia so attached shall be commanded b 
 oUi.-crs of the division to which fchey shaH be attached, -and shall 
 be liable to the same duty, ami subject to the same tines and 
 penalties as if they had previously belonged fco such divis 
 and the militia of any division attached to another division, as 
 aforesaid, shall remain subject to such command until they shall 
 b.3 admitted by an order of their superior ohiccr. to whose com- 
 mand they may ba attached, to elect the requisite officers #6 
 command such division, and shall have reported to him that 
 they have all the requisite officers for the command of their 
 urate divisions duly elected and commissioned:; after which 
 the command of the officers of the division fco which they shall 
 have been attached shall cause, and shall devolve on the 6f3 
 of the division, elected and commissoued as aforesaid : and if 
 any division shall be found a second time unorganised and with- 
 out officers as required by this <ac\ they shall in like manner b:; 
 again attached to some division having the requisite officers and 
 organization, and shall bo debarred the privilege ai again sepaia^ 
 ting from the division and command to Which they shall be 
 attached, and shall permanently eoinpl se a p art <>i' said command, 
 
127 
 
 anything in this act to the contrary notwithstanding; and 
 niii sor whose duty it is made by this act to order militia of any 
 of 111; 1 divisions to be attached to Bome other <li\ ision, as provided 
 £'. >r by this act, shall at the time of issuing ve publid 
 
 Notice thereof to the militia of the division to be id rts 
 
 ai'ii'-iii; if it he a company; th i writing^ 
 
 but up in at. least two of the m!o'»1 public places in the company 
 heat : it it be a battalion, the like n >tice shall be put lip in at 
 le::.-! one of the most public placefa of each company of the bat* 
 ba]ion ; if a brigade^ regiment or separate Imttuli 
 Notice shall be up in at least one of the m \st public | 
 the brigade, regiment or separate battalion-, or be frablishei 
 three we* ks successively in one or mos?e of the newspapers pub* 
 lished in this State : and any notice given : shall be 
 
 Seemed in law sufficient,' and the militia as aottfied shall, I 
 the time of issuing siieh order and givii s obnsid* 
 
 eivd and (reeled as pari of tl;<' division to which they may be 
 attached, and compose a part <■:' lie' command of tie' i 
 tie' division to which they are attached, anything in tr 
 tie. 1 contrary notwithstanding ; and any general ordter issued by 
 the Commander-in-Chief, any Major^General or Brigadier-iGbn* 
 cral. and published in any newspaper printed in this State f. r 
 
 i weeks successively, shall he deemed in law a • 
 fctotice thereof to the militia, and to all persons to bi 
 ihereity, and shall be to all intents and jpurposcs as valid 
 tin 1 same were communicated by express or any other manner 
 whatever. 
 
 Sec, 14. All elections in tie 1 militia department which may 
 hereafter be contested, sliall be determined in the following 
 
 manner, viz: If the election ,,f a Major^General shall bocon- 
 d, the party contesting such election shall furnish the 
 'nor a fair statement of his reasons in writi; i the 
 
 receipt of which, he shall order a Court of Enquiry to be hell at 
 Buch place as he may designate in the division to which such 
 Major- General belongs ; at which court each militia office* of 
 |ivision, not under tin 1 grade of a field officer, shall be entitled 
 to a seat : and if the el iction ^i' a Brigadier^General shall at, 
 any time be contested, the complainant shall make the like e©m-! 
 pjaint and application to the Major-G-eriera] of the divSsionto 
 
 'i such brigade belongs, who is. upon tin 
 
 required to order a brign le C »url of Enquiry, as in other eas s : 
 
 and when the election of a Colonel of aregimeUfy or Lionionant- 
 
 Qplonel of a separate battalion, or Lieutenant-Colonel or Majoi 
 
 rate battalion, shall be contested, comprint and appli- 
 
128 
 
 ill shall in like manner be made to the next highest officer 
 ta command, who, upon receipt thereof, shall order a separate 
 regiment Court of Inquiry accordingly ; if under the rank of a 
 field officer, all complaints and applications shall be made to 
 
 the commanding officer of the regiment or seperate battalion 
 where the cm tests exists ; and in order to explain and tix a princi- 
 ple to govern theseveral Courts of Inquiry in their duties respecting 
 contested elections, it is hereby declared that the person contest- 
 ing shall, in all cases, be bound to furnish satisfactory proof to 
 the court, that the person whose election is contested did receive 
 a number of illegal votes, which, if deducted, would give a 
 majority to the person contesting ; and if the contesting per -on 
 shall fail to establish his charge, or if the charge shall be suffi- 
 ciently supported, in either case, the court shall report in favor 
 of the person having the greatest number of legal votes as being 
 duly elected ; and the President of each Court of Inquiry shall 
 certify, under his hand, the name or names of the person thus 
 duly elected ; which certificate, if the officer shall be of the 
 grade of General or field officer, shall be directed and sent to the 
 Governor ; if commissioned officers of companies, the certificate 
 shall be signed as aforesaid, and be directed and sent to the 
 Colonel of the regiment or Lieutenant-Colonel of the separate 
 battalion, and by him to the Governor, who shall issue commis- 
 sions in either of the above cases ; and in order to provide more 
 &mply for deciding contested elections, it is hereby declared that 
 when the cause shall arise from any illegal proceedings of any 
 person ordering, conducting or judging said election, on proof 
 thereof being made satisfactory to the Court of Inquiry, such 
 election shall be declared void, and the President by and with 
 the authority of such Court ot Inquiry shall direct the proper 
 officer to issue an order or orders for an election to fill such 
 vacancy, which election so ordered, shall in all things be con- 
 ducted in the same way as other elections to fill vacancies in like 
 offices are by this act directed. 
 
 Sec. 15. Each and every officer elected and commissioned 
 under the provisions of this act shall, previous to entering upon 
 the execution of the duties of his office, take the following oath : 
 J __« — do sojemnly swear that 1 will support the Constitution 
 of the United States and of this State, and that I will faithfully 
 and justly execute the duties of the offices of — — - — 'in the—— — - 
 company, b itta.ion, regiment, brigade or division, as the case 
 may he, of the. militia of this State, according to the best of my 
 sHll, power and judgment, so help me God ; a copy of which 
 shall h 1 en lorsed on the back of the commission, signed by the 
 
129 
 
 i i I iking the 1 by the officer who adminis- 
 
 tered tin 1 oath. 
 
 ;-;■ . 16 Ct* any commissioned officer shall move on 
 b >unds of his division, brigade or regie : >n or 
 
 company, or offer himself a candidate for any other milil 
 
 lintment, or shall be ab srefrom otherwise than on 
 
 military duty, for more tl Ive months at one time, his 
 
 office shall be 1 ; and if any commission 1 1 
 
 •;■ shall think himself injured by his superior and 
 
 shall, Upon due application made to him, be refused redress, he 
 may complain to I Bri idier Greneral, who shall order a brigade 
 
 Miry to I he rules and reg 
 
 prescribed by this act; il any inferior officer or private Bhall 
 injure 1 by his Captain or any otb 
 
 parate bal talion to which he b ■' 
 
 mm mdin it or 
 
 separate battalion, who shall order a Court of In |uiry, and such 
 Court shall determine the c mplaint agreeably to the natui 
 
 that the person complaining shall exhibit 
 his charge in uipported by oath or affirmation. 
 
 . L7. : iptain or commanding shall hold at 
 
 months of March and 
 mber in each year, arid shall require the non-commissioned 
 his company, or such of them as he shall d 
 I i warn his men of the place of muster, in all cases wher 
 
 is not given at the previous muster : and each Captain 
 
 have the right to designate his muster ground, but shall 
 
 utable muster ground as near central as circum- 
 
 is will permit ; and after the first muster the comp 
 
 shall selecl a place of muster, and every officer, non-commissio 
 
 r and private, shall appear at his respective muster field by 
 
 -. and no the parade until 
 
 officer ■• unm mding the troops : and 
 
 >fficer of the company shall 
 
 lit of the company to call the roll, in his 
 
 nee, between the lion sven and twelve ; and 
 
 the c shall examine every 
 
 m I- longing to Ids company, note all the delinquei 
 
 nt of the strength and condition of 
 . and mak > the del J us1 ' 
 
 immanding officer "I' i!i" battalion t<> 
 . within twenty days thereafter, whose duty it 
 fchall be to r to the commanding officer of his 
 
 within luty.il shall b 
 
 1 
 
130 
 
 make out an accurate statement of the condition of his rep mi 
 and return the same io tire commanding officer of the brigade 
 within ten days thereafter, to which lie may belong ; and the 
 commanding officer of a separate battalion shall mak^ a like 
 return to the commanding officer of the brigade to which he 
 belongs within the same time ; and the Brigadier-General shall 
 makj a like return to the Major-Gcneral commanding the divi- 
 sion to which his brigade belongs within twenty days thereafter; 
 ■and the Major-General of a division shall malm a like return of the 
 division under his command, to the Adjutant-General of the 
 State within twenty days threafter ; and it shall he the d u ty of 
 Adjutant-General to furnish such blank forms of all the different 
 returns, an explanation of the principles on which they should 
 be made, as shall ho approved by the Commander-in-Chief ; 
 and, also., to receive the returns of the militia throughout the 
 .State, from all which he shall make the proper abstract and lay 
 the same before the Commander-in-Chief of this State, within 
 twenty days after they shall have been received by him or sooner 
 if required by the Commander-in-Chief 5 and I minander* 
 
 in-Chief when required, shall lay the same before the Legislature! 
 of the State, and the Adjutanl General shall transmit a 
 duplicate abstract ©f the number and condition of the militia to 
 the Adjutant-General's office of the United States annually. 
 
 Sec. 18. If any non-commissioned officer, musician or 
 at any muster, shall disobey the legal and proper orders of hid 
 superior officer, or act in a disorderly manner, or if by slanders 
 at any such muster, he shall insult or otherwise molest 
 officer, non-commissioned 1 ;• private, while 1 
 
 employed in any other service authorized by the laws of this 
 State, the commanding officer of the company may order such 
 person to be arrested and placed under gnard for any length oi 
 time not exceeding three hours ; and the person or persons so 
 offending shall, moreover, be subject to pay such may 
 
 be imposed in the manner hereinafter provided. 
 
 Sec. 19. In order to compel the observance ri the provision^ 
 of this act, ami for the purpose of introducing a proper degi 
 subordination and discipline in the operations of the militia ol 
 this State, the following penalties shall be incurred and into 
 ia the manner hereinafter directed, that is to say : the Adjutant! 
 General, for a neglect or violation of those duti s imposed upoi 
 him by this act, shall incur a penalty not exceeding onehuudiel 
 dollars nor less than fifty dollars ; and any e umaissioned or s ai 
 officer for failing to perform the duties required of him by this 
 act, shall forfeit and pay as follows ; commandant of a regiment 
 
131 
 
 ion, the sum 01 fifty dol 
 
 dollars : the commanding 
 ••■ dollars; and those 
 rs respectively) shall, moreover, bo lia shiered al 
 
 the discretions o\ a Court-Martial. missioned 
 
 notice '' ; i . when he glial 
 
 s For that purpose, wil liottl a reasonable 
 ■. o dollars 
 mmvieian or j isobej tag 
 
 tony order, w give, or 
 
 ■■'■-.'• 
 
 to do his duty v e. < r absent- 
 
 ing 1) I twlu] mall forfeit and pay e 
 
 fiue . shall ord 
 
 11 sum of five doll sry non-c 
 
 ccr appointed in pUr it, shall serve 
 
 i . unless in • • urge, proa 
 
 [t shall be the duty dtf the commanding < : 
 
 paries > proceed Forthwith to divide the companies into 
 
 classes by Fallot, From one to I , 1 igulai 
 
 toutiae ofd LtJ when called inl al service, and to return a 
 
 and its number in rotation, within thirty days' 
 
 : taliou, who shall 
 lent, who 
 "shall A iji-'lan! : and the corn- 
 
 man tall make 
 
 rolled 
 
 • to per Form the first tour od 
 
 *duty, and tkosc in tls L tour of duty, and 
 
 ird tour o »n ii; 
 
 rotation. Y\ hea any Colonel of a tregimci or a unt- 
 
 ■ parate battalion shall be ed with mal- 
 
 tratiofi or neglect of duty, it sha!3 I I for any 
 
 '.'..-'':■ ral of the 
 ich other officer as shalJ a 
 
 wi 
 
 me ; and tin 
 i to order a brigade Court- 
 to be under 
 . when : take and 
 
 ■ the ••same eath pi 
 
 ing thus sworn, shall inquire into the nature 
 . :uscd 
 
m 
 
 ■ -., . . I ?Uch neglect of d ; y, ■ sh 
 
 and pay (if guilty of a misdemeanor in ohi:e) any sum not 
 Bxcee i 'rv dollars, and shall be cashiered : and when ahy 
 
 for any ofli :< r, non-commissioned officer or private, to exhibit t 
 the Colonel of the regiment, or Lieutenant-Colonel of a separate 
 
 talion, a tail I ment of the charge or charges, and the facta 
 intended to establish ihc same ; and the I lolonel or Lieutenant-' 
 Ooloi '' hom such complaint is made in writing, niaj 
 
 his di - order a regimental or battali n Court-Martial to 
 
 consist of at leas t five • ioi d officers, who shall ta her ansl 
 subscribe the oath directed to bo taken by this act, and when 
 sworn, shall inquire into the nature and truth of the charge or 
 charges so exhibited j audit* found guilty i : I meaner in 
 
 offij3, the offiber a > acyjusel shall ;:•• cashiered, and if guilty ol 
 neglect of duty shall be 1 is pi iribed by law ; bus no sen-' 
 
 sofanv ft- 1 trtial, cas-hierini'; any otScer shall bo final, 
 tun til ' • .• bi laid before the Commander 
 him appro red, if a cash ion ! hall pray an appeal for 
 
 Biich decision to him, othe II be final. 
 
 Sec*. 21. IJ any] rson > called on to perform a tour 
 
 of duty, such person shall be acquitted: Provided} ho furnish 
 fco ids commanding officer an able-bodied substitute in his room? 
 or stead J and if any such substitute should be called into actual 
 srvi ■ ■ in his own term, previous to the expiration of the tsrm 
 for which he shall have enrolled as such i -.'■ then the 
 
 person procuring such substitute shall m&yeh in Ids room, or' 
 procure anothe titute for the remainder of the term, or ba 
 
 liable to the same penalties as if called upon in hi own 
 Any person called upon fco p s'rfn'm a tour of duty as aforesaa 1. 
 and serving by himstvlfor sub* titute, or otherwise paying 
 line as the dirt-Martial shall adjudge adequate to ■ oife;?3e, 
 shall not be bound to perform any tour of duty un?til regularly] 
 called upon by rotation. 
 
 Stfc. 22. When it may be necs iry to call into aci 
 : :r\ ice any part of the militia, on an actual or threatened inva-^ 
 due. of the S'tate,. or any of the reeighb eting States or territorii ■ 
 it shall and may be lawful for the Governor to order into the 
 part of the militia as the emergency] i.y require j 
 and when any pari of the militia of this Stare shaM bo called 
 into actual service, it shall be the duty of the Commander-in-J 
 Chief to order from the militia or b&ttalioa from) which tha 
 
133 
 
 ia shall be cli bached, ' 
 the regiment or battalion, a sufficie iring 
 
 in 
 i cases the 
 
 ia of thii ' shall be *■ : i. •,:..-. ; perform their tou 
 
 aie mann i 
 
 everal class 's of the militia : 
 
 Qths 
 sixty clays shall \y eousid by. 
 
 iii CO 
 
 ttened or , 
 
 it shall be lawful for the Go 1 
 > t iiim bion of 
 
 . - 
 >H as lie rn 
 the I md if o sadden 
 
 i 
 
 i 
 ter owl such part of the - aay think 
 
 ion; 
 
 LSiOIJ 
 
 [uisition on tl 
 
 with sue 
 all be tin 
 th» milil i or any par ■ t. as 
 
 ■ 
 his n . lie militi - 
 
 I out. s: :;._ - '. v ; . : ■ • their 
 
 ball be continued ■ a longer 
 
 . and the militia 
 
 d by the 
 
 ted Si kes. 
 
 .24 ■ r to be tried shall 
 
 sand place appointed 
 ■ 
 
 ■ >rc bhe sitting of 
 urt-Martial for I he trial of ai 
 f the nui in the 
 
 id i" 
 
 ■ ; with 
 
 ioned 
 
 : 
 
134 
 
 Sec. 25. The- Captains and subaltern officers of each and 
 every company, or a majority of them, shall, on the muster day 
 next succeeding the muster of each company, at which there has 
 ; any delinquency or delinquencies, hold a court for the 
 adjustment of fines in eaefi company ; and the eomn&sndirig' 
 n nicer of the company sh a?l issue his warrant, directed to any 
 Sheriff or Constable in his beat, which warrant shall feve the 
 force and effect of an execution ; and said Constable sha?l pro- 
 ceed to collect the same, in the same manner as if said execution 
 had issued under and by the authority of any civil officer within 
 this Slate : and all fines collected by virtue of the provisions 
 contained in this section, shall be paid to the Captain of such, 
 company, within ten days after the same may be collected, and 
 by him applied to the purchase of a drum, life and colors, and 
 
 >r other purposes for the use of the company. 
 Sec. 26. When either the Major-General, Brigadier-General 
 or Brigade-Major, shall be charged with malfeasance or neglect 
 of duty in office : if a Major-* general, it shrill be lawful for any 
 militia officer, not under the grade of a field officer, to exhibit 
 to the Governor, for the time being, a fair statement of the 
 charge or charges, with the facts intended to establish the same, who 
 h hereby authorized to order a, general LTourt-Martsal, to consist of 
 at least nine members, none to be chosen nsnder the grade of a 
 held officer, who, when convened, shall take and subscribe the 
 sa ne oath prescribed for regimental Courts-Martial ; the said 
 e mrts thus sworn, shall have power to inquire into the nature of 
 the offence * and if it shall constitute a misdemeanor in office,. 
 he shall be removed from the same ; if for neglect of duty, he 
 shall forfeit and pay a sum not to exceed one hundred dollars, at 
 the discretion of the Court- Martial, to be collected as in similar 
 eises of fines; if a Brigadier- General or Brigade. Major shall be 
 guilty of either of the aforesaid offences, the charge shall be 
 submitted to the Major-General, who shall issue his order to the 
 senior Colonel commanding in the Brigade in which the person 
 charged resides, by virtue of which order the Colonel shall hold 
 a Court-Martial, and proceed in the same manner as directed for 
 the trial of Major-General : Provided, that in all casi 
 charges exhibited against officers, the officer ordering a Court- 
 Martial shall, as soon as practicable, furnish the person charged 
 with a copy of the charges exhibited against him ; and the 
 President of the Court-Martial shall give at Jeast ten days* 
 n itice of the time and place appointed for trial, and pause sneb 
 witnesses as may be required by either party to be summoned bj? 
 the Adjutant o1 the regiment in which they reside :, and ever* 
 
135 
 
 person so summoned and failing to attend, or refusing to be 
 sworn, shall be tried by the Court-Martial, and if he bean officer, 
 inay I"' cashiered or fined at the discretion of the Court-Martial, 
 not exceeding fifty dollars; if a non-commissioned ofl 
 private, he may be lined not ing twenty dollars, and. 
 
 moreovi r. be confined under guard or put in jail until he will givo 
 evidence. 
 
 Sec. 27. Each Judge- Advocate, us to en i 
 
 duties of his appointment, shall take an oath to support tin* 
 stitution of the United Stn tatc of Texas, and 
 
 also that In* will well and truly perform the duties of Judge- 
 Advocate, according to lav." and tin' best of his skill and abilities; 
 which oath shall l>e in writing, signed by the Judge-Advocate, 
 and attested by the officer who administered lh ; the 
 
 Judge- Advocate thus . ball administer the following oath 
 
 , previous to their entering on (he duties of any 
 Cam b of you, dp solemnly swear 
 
 thai you will well and truly inquire into the delinquencies which 
 hi ay appear, on returns which may be laid before you, and will 
 >n as may seem just, according to law, 
 without tavor .ion. partiality or prejudice ; and that yon 
 
 Avili not dis dose or discover tb >r opinion of any particular 
 
 >urt, unlei - re piired to give evidei sof in 
 
 url of justice, so help you God. it shall be the duly of the 
 ifudge-A to provide a book, in which he shall record the 
 
 pror art-Martial, and all other necessary en1 
 
 i'ov the r< ^inient or separate battalion, which are or shall be 
 required by law, and, for hall be exempt from mili- 
 
 tary duty, and be allowed the sum of two dollars per day for 
 [mental or battalion Courts-Martial, which it shall 
 • I, to be pai <f the fines arisin 
 
 i t, from any cause, a « il to 
 
 a -Martial, as provided in this shall be the 
 
 it to appoint a Judge- Advocate for 
 
 time and in rasa of his death, resignation or removal ou$ 
 
 y, «>r from his tirnals and proceedings 
 
 . ba kept by the Colonel or commandin •'. until a 
 
 Jta shall I. "d in his stead. 
 
 2 \ All fin 's an It' sntal 
 
 or b il tali t-Martial, si lil tanner as 
 
 fines an ! penaltii ipany 
 
 I i iri i il, and pai 1 into the ban Is of e 
 
 lall be the duty ol the 
 or separate b it t ilioi . 
 
13G 
 
 appropriate the money arising from fines, in the hands of the 
 
 paymaster, by order of the Court-Martial, in the first place, to 
 ili', purchasing of fifrs. drums and colors for the use of the rai- 
 ment or separate battalion ; and secondly, to pay the officers 
 of the regiment or separate battalion, for any service for 
 which they may be entitled to pay, under the provisions of this 
 act. 
 
 Sec. 2D. No officer or private, ordered or directed by this act 
 to appear as aforesaid, shall he liable to be taken or arrested by 
 any officer, in any civil action or process whatsoever, on the day 
 such person is directed to appear, or in any reasonable time in 
 going to, continuing at, or returning from the same ; and every 
 such arrest is hereby declared void, and shall subject such officer 
 to damages for false imprisonment ; and every person required 
 by this act to attend muster, going to and returning from the 
 same, shall be suffered to pass over any bridge, together with 
 his horse, and shall be put over any public ferry, without delay, 
 free of charge ; and if any ferryman dennnd pay for, delay, or 
 refuses to put such person or persons over, or keeper of toll-* 
 bridge impede the passing of any person, he shall forfeit and pay 
 for every such offence, the sum of ten dollars, to be recovered by 
 warrant from a Justice of the Peace, one half to the informer, 
 and the other half to be paid into the regimental fund of the 
 regiment to which the impeded person may belong. 
 
 Sec. 30. The Colonel of each regiment may constitute two 
 companies thereof, Light Infantry companies, as right and left 
 flank companies, which companies shall be armed and equipped 
 the same as like companies in the United States service ; and 
 all corps shall use for instruction and exercise, the system of 
 military tactics and discipline adopted in the United States 
 Army, for troops of a similar description; and all companies 
 
 II have a right to change their uniform from time to time : 
 Prvvidi d, such change shall not be incompatible with the military 
 regulations of the United States Army. 
 
 t Seo. 31. Every commissioned officer, volunteer or militia, 
 snail be furnished with one copy of tins act, at the expens 
 tat : and every officer shall, when he goes out of oi 
 deliver to his successor in office, all books and forms fund 
 him by the State, or received from his predecessor in office, and 
 also, all books and papers in his possession belonging to his 
 division, brigade, regiment, battalion or company ; and every 
 
 ser who shall neglect or refuse so to do, shall be lined twenty 
 dollars per month for every month he shall so neglect or refuse, 
 
 r a demand thereof has been made by his successor, to be 
 
137 
 
 1 by any Court-Martial having cognizance of the conduct 
 1 collected and account - other I 
 
 Imposed upon such officer are by this act directe cted 
 
 and accounted for. 
 
 S i. 32. The Governor shall appoint one Adjutant-General, 
 ■with tl and perform 
 
 all tli. du Adjutant-General, as I i . him by this 
 
 furnish all ; and keep a bonk, in 
 
 : make a fair < ntry of all r< turns by him i 
 which sh ill be sub ' . neral 
 
 and Co:nmander-ii '. shall n the 
 
 sum ■ - i annum, 
 
 Trea printed. 
 
 Si: ;. ." -. ' : m of discipline i which is and 
 
 fhall be ordered to 1 lar army of 
 
 shall 
 the militia within I mruands 
 
 lined and trained conformably . , in all things not i th< rwise 
 
 directed 1 md in all c provided for 
 
 I 
 
 by Congress, for irnnient and avmy or 
 
 the United 
 i and be observed, and conformed toby the mil 
 • ; and the forms and rules of urts- 
 
 . ot provid i 1 for in thi nch as a 
 
 il by the rules and articles of war I and us< 
 
 militia si lited Stati 
 
 new county eE ' -ore 
 
 ■ 
 
 couuty, o • r poition thereof, was 
 
 taken. 
 
 . 35. • n< ral shall also be i jter- 
 
 ral, and his duty as such shall be ' and tal 
 
 bf all public property ig to the military of I 
 
 lilitary us< s, wliii . ularly i 
 
 ■. and hi duties shall be similar to 
 
 tral of th 
 in additiim I , he shall ] 
 
 'Ordinan with tv 
 
 Governor, j 
 
 of the dn 
 
 I 
 
138 
 
 . 36*. The Comminler-in-Cbief may appoint an Aid-de- 
 Camp, wh > shall i lso b ■ his acting Assistant Adjutant-General, 
 and shall rank as Brevet Brigadi T-General. 
 
 Sec. 37 Volunteer companies shall form a part of, and be 
 •hi'il to th ints of the same corps within their brigades, 
 
 and shall turn out and perform duty with the same upon all 
 battalion, regi '. brigade and division drills; or parades, and 
 
 the commanding o y n them as flank companies to 
 
 battalion, regiment, brigade or division, as he may deem 
 proper There shall be battalion, regimental, brigade or divi- 
 sion drill and parade once, at least, in every twelve months. The 
 Commander-in-Chief may order such parades, drills or inspec- 
 tions as he may deem proper : Provided, however, that not more 
 than one such shall take place in the same \var in the same 
 division. 
 
 Sec. 38. All the returns required of the militia shall, als^, 
 
 be required of volunteer or any military companies of the State, 
 
 rle by the pr >per officers through the same channel. 
 
 Sec. 39. The sum of five hundred dollars is hereby appropri- 
 ated out of any unappropriated funds in the Treasury, for the* 
 purpose oi purchasing forms, b >oks, <.v\.\. necessary to carry this 
 :. The act of April 21st, 18T-G, entitled "an act 
 to organize the militia of the State of Texas" is hereby repeale&j 
 and this act to take effect from an 1 after its, passage. 
 
 Approved February 14th, 1860. 
 
 CHAPTER 90. 
 
 AN ACT' creating the county of Greer. 
 Section 1. Be it enacted by the Legislature of the State of 
 Texas, That all the territory contained in the following limits, 
 to-wit : beginning at the confluence of Red river and Prairie 
 Dog river, thence running up Red river, passing the mouth of 
 south fork and following main or north Red river to its inter- 
 section with the twenty-third degree of west longitude, the 
 due south across Salt Fork and to Prairie Dog river, and thence 
 following that river to the place of beginning, be, and the same 
 is hereby created into a county to be known by the name and 
 style of the county of Greer. 
 
139 
 
 Sec. 2. That the provisi an act to create the i 
 
 of Concho, Wichita, Coleman, l^-vsii, Shackleford,M ■ Mullen 
 and others, approi L February >ratheorgan- 
 
 i :a1 ion of the county her< 
 
 Sec. 3. That this . ■ ami 
 
 after Its ; assajre. 
 
 Approval Sih February . 
 
 . 
 
 Section I. B the Stat 
 
 Texas, That the two per cent, sinking fund, which has been or 
 may hereafter be paid into the Treasury of the State, by rail- 
 road coin] shall be entered as a credit upon the bond or 
 ipauy so paying, and shall be in extinguish- 
 ment of so much of said b nd or bonds, and said two | 
 Bo paid shall immediately he pla led to the credit of 
 school fund, and invested by the school Oomiui 
 
 .ay bonds as are contemplated by tin' ael to providi 
 investment of d fund : onds 
 
 he railway ly may b* 4 taken for the amount actually 
 
 lent to the company, and. provided, further, that the compai 
 heretofore borrowii >ol fund or any part thereof shall 
 
 t< thereto; or in the bonds of any of the slaveholding 
 uion. and the interest on the bonds so purchased 
 in like manner be re-invested ; and the G reby 
 
 irized to make said purchase of bonds, in 
 : of Texas, and selocl such as in his judgment will 
 est of tlii 
 . 2. That if any railway company should refuse t< 
 fro this mode oi investment, then in that case ir shall be the 
 dut\ • 1 Commissioners, to i 
 
 paid in by such company in th ionds of any sla\ 
 
 a;iiu;' no! than six t per annum, 
 
 >n said bonds shall '■■■ re-invested annually in 
 
 ion of s iver, that tln> 
 
 I 
 .i:d. and, railway ci mpanii s 
 
 I and or any | 
 
140 
 
 me, but if such consent should not 1)3 given 
 shoul 1 be n > United States Bonds in the Treasury, 
 bo the duty of the Commissioners of the School 
 Fund to c id two ;;er cent, to be applied to the purcb 
 
 of any certify indebtedness under any act of appropria- 
 
 tion for the frontier defense, and that this act take effect and be 
 in Pace from and after its | 
 
 Ah L3th February, 1360. 
 
 CHARTER 1. 
 
 JO [NT RESOLUTION. 
 
 ]■. < That the ( rovernor be authorized to call out such a 
 
 number of volunteers bo quell the insurrection or invasion of 
 
 inas and followers on tire Rio G-rando as may be necessary, 
 and. in ease the Governor should deem it necessary to call out 
 volunteers under the provisions of this joint resolution, then, 
 that those citizens of Texas, who have already left tkeir homes 
 ; i this object, shall be adopted into the public service from 
 the time they left their homes, or so many of them as may 
 
 ise to volunteer, and that said volunteers elect thier commis- 
 sioned officers, and be retained in service till the object for which 
 thev are called out shall be acco hed, and that said volun- 
 
 teers receive like pay as the same troops in the U. S. service ; 
 that this joint resolution take effect and be in force from and 
 
 ■ 15th, 1859. 
 
 CHAPTER 2. 
 
 JOINT RESOLUTION authorizing the Comptroller to con- 
 tract f pies of t i tstract of titled kin 
 Section 1. Be it ; I by the Legislature of the State of 
 ts, lha v the Comptroller of public- accounts be authorize* 
 contract for the compilation, printing and binding of live hun- 
 dred copies of the new abstractor titled lands, a sufficient 
 
' i1 
 
 '■ iiors to 1>J i Li 
 mid that 
 
 a uar; 2nd, : • 
 
 CI; El 3. 
 
 Iocs in Gi ions to obtai 
 
 ■ 
 
 ■ 
 ' the I 
 
 their besl 
 
 ■ 
 
 :.. : :i an approprin 
 iont for . . i of the neccs sary ;''~: ; 
 
 CHAP1 
 
 . .. 
 
 r ■•• o/ f/iC 
 
 • omptr • r of th 
 
 . and tli irizocl and ei 1 to 
 
 ■ 
 
 ■ 
 
 and haa 
 
 to the paymi claims of un i idiate v.- 
 
 ■p.i 1 > • i . 
 
. lYmng into the Treasury subject to appropriatioli. 
 sc. 2. That this net take effect from its passage, 
 ... d 7th Feb, ! 
 
 CHAPTER o. 
 
 
 i til ': liig the Tro'deYtiof to ftp} 
 ■■■ s to •■ amine the Slate Penitentiary. 
 Section 1. 2?e . .-. olt\ ' ' '.he Legislature of the State vp 
 : !. : the uowrnor of the State be, ami he is hei 
 authorised and required to appoint three competent person's to 
 examine tiro Statu Penitentiary, who arc hereby empowered 
 to i ill roS* books and papers, administer paths, &c., and report 
 im in 'wilting the condition of said institution., and thfel 
 litis joint resolution take effcet from its passages 
 Approved February Lltbj I860, 
 
 1 ■ . • 
 
 UxlAl 1 lliJti u. 
 
 '.'v'2' llifiSOLUTIOlf requesting our Senators \ 
 eenti ','r in Congress, to procure the reimbursement to the 
 State rrf Texas of funds expended / "of the 'protection of tfm 
 frontier, and making -other requests toith reference io frontiet 
 
 rirss 
 Section 1. !h it F&otoed /•// tltt Legklatunevf the State of 
 Texas, That our Senators and Representatives m Congress ail 
 requested to procure the reimbursement to this State of all the 
 amounts expended in protecting the frontier, 
 
 Seu. 2. That the Comptroller of public accounts be, and he 
 is required to f\irnisk a full statement of the amounts so {jail 
 oi" to be i paid by the State for the protection of the frontier, to 
 appropriate department of the government of the United State! 
 !Skc. '>. That on- Senators and Representatives be request^ 
 to endeavor to obtain an indemnification to our citizens for proj 
 peVty taken or destroyed by the Indians, and for losses sustained 
 by the Cortina difficulty on the Eio Grand;' fhmtfcr ; and thtt 
 
143 
 
 ii'.mr.c'.u \iv i\w Unilcd States, of a •■ 
 nally through I 
 claims of ottr 
 
 Se ■. 4. Thai Mir ' ives, be re n 
 
 to endeavor to procure tb ■ buy* 
 
 ing of American horses. other 
 
 ■' M 'saa, from Ind 
 
 frontier of Texas, and such territoiies. 
 Si? . 5. And > i£c of 
 
 i Inw nut hoi izing the 1 'resident <<> nm 
 
 at of ran . gi.s- 
 
 lature ilied into the service of tl 
 
 Se i. 6. Ch« I 
 r their passage, 
 
 ..) Uth Fcb*y, 
 
 Her shall rctary ol 
 
 te, and clei 
 
 corn] ami 
 to tank ' up the ' pjent exp< • 
 
 ::l of I 
 
 ' and of 
 
 2. 
 Its ] 
 
 5 
 
144 
 
 Texas, That the Governor be, and lie is hereby authorised feo 
 use the wagons, mules, horses and other ecpiipa^e purchased for 
 In" survey of the boundary hue. between the United States and 
 : -. I ir the purpose of transporting supplies to our ranging 
 forces in the held, and to make such disposition of the property 
 as may seem most compatible with the inteiest of the State, and 
 that this resolution take effect from its passage, 
 Approved Fob, 14, I860, 
 
INDEX TO THE GENERAL LAWS, 
 
 Appropriation — Per diem and mileage. Legislature, 3 
 
 " Rewards for fugitives from justice, 9 
 
 " Contingenl Expenses — Legislature, 9 
 
 " Printing Governor's Proclamations 11 
 
 " Furnishing Governor's Mansion, IS 
 " Costs due Attorney General and District 
 
 Attorneys, ]8 
 " Pay and subsistence of Rangers, under 
 command of Captains Ford, Bourland 
 
 ami Brown, 20 
 " Pay of Peace Commissioners, - 20 
 
 " Pay for supplies furnished Capt. Tobin, 21 
 
 " Furnishing Governor's Mansion, 21 
 
 " Pay for taking the scholastic census, 30 
 
 " Kxpenses oi sale of LTniversity Lands, 35 
 " Putting Public Grounds and Buildings 
 
 in repair, 36 
 
 " Expenses of Penitentiary, 37 
 
 " Protection of Frontier, 38 
 " Pay of Rangers under command of Ford, 
 
 Bourland and Brown, 59 
 " For completion and support of Lunatic 
 " Asylum, 79 
 " For supplies furnished Capt. Williams, 86 
 ** For use and support of State Govern- 
 ment for I860 and 1861, 102 
 
 " JTor contingent expenses of Legislature, H9 
 
 11 To supply deficiency, 112 
 
 Attorney General — To pay e^sts due him, 18 
 Attorneys at Law — Prescribing oath and regulating pro- 
 ceedings in cases of contempt, l-nal 
 
 practice, &c, 23 
 
146 
 
 Assessors and Collectors — To pay for taking last scho- 
 lastic census/ 30 
 Apportionment — To apportion the State in Senatorial 
 
 and Representative Districts, 40 
 
 Agricultural Societies — To authorize the formation of, 73 
 
 Bastrop — To regulate sales in county of, 12 
 
 Bankruptcy — Repealing Act of January 19th, 1841, IS 
 
 Blanco — To attach county of, to fourth Judicial District, 85 
 
 c 
 Common Carriers — Defining the duties and liabilities of, 38 
 
 " May he sued for damages when death 
 
 is caused by the culpability or 
 neglect, 32 
 
 Court of Claims — To reorganize the same, and extend 
 
 time for presentation of claims, 48 
 
 u Shall grant league of land to certain 
 
 disabled soldiers, 116 
 
 Claims — Time for presentation extended, 43 
 
 " To adjudicate legal claims for land between Nu- 
 eces and Rio Grande, 109 
 Counties — Creating the county of Marion, 57 
 " Unorganized, District Surveyors may make 
 
 surveys in, 69 
 
 " Blanco, attached to 4th District, 85 
 
 " Shall be attached to former land * district, 
 when separate land district is not or- 
 ganized, 69 
 " To create county of Wilson, 106 
 " To attach unorganized to organized, 119 
 " To establish boundaries between Erath and 
 
 Comanche, 121 
 
 " To create county of Greer, 138 
 
 Common Schools — Act concerning, 69 
 
 Colony's — Fisher and Miller's ordering return of certi- 
 ficates, 81 
 Colonics — Peter's, requiring patent to be issued on. sur- 
 veys made therein, 80 
 Commission Merchants — Concerning, 82 
 Code of Criminal Procedure— To amend act establish- 
 ing, 90 
 County Boundaries — To establish between Erath and 
 
 Comanche, 121 
 
147 
 
 ID 
 
 District Court— Sixth District, time of holding, 12 
 
 " Twentieth District, time of holding, 16 
 
 " Seventh District, time of holding, 19 
 
 " Twentieth District, time of holding, 25 
 
 " Eighth District, time of holding, 26 
 
 " Twelfth District, time of holding, 28 
 
 " Marion County, time of holding, 57 
 
 " Eighteenth District, time of holding, 72 
 
 " Thirteenth District, time of holding, 76 
 
 " Sixteenth District, time of holding, 77 
 
 " Nineteenth District, time ot holding, 78 
 
 " Ninth District, time of holding. 83 
 
 «« Fourteenth District, time of holding, 84 
 
 " Fourth District, to provide for holding, 85 
 
 " To regulate proceedings in, 116 
 
 Discounts and Set-offs — To regulate proceeding relating 
 
 thereto, 15 
 
 District Attorneys — To pay costs due them in certain 
 
 cases, 18 
 
 Deficiency — To supply in former appropriations, 112 
 
 Damages — Action for, may he brought when the death 
 of ft person has been caused by the negligence, 
 
 culpable or wrongful act of another, 32 
 
 Disabled Revolutionary Soldiers — Entitled to league of 
 
 land, 116 
 
 E 
 
 Extravagant Charges — For supplies furnished Rangers 
 
 to be reduced, 20 
 
 Fugitives from Justice — Appropriation for reward, 9 
 Frontier — Regiment authorized to be raised lor protec- 
 tion o\\ 13 
 " University Fund to be used for protection of, 29 
 " Appropriation for protection of, 38 
 Foreign Debts — Repealing act of January 19th, 1841, 
 
 regulating collection of, ]8 
 Fisher's and Miller's Colony — Ordering return of certifi- 
 cate. 81 
 Factors — Concerning. 82 
 Fees — To regulate tees of Land office, 111 
 
 <3 
 
 Governor's Mansion — Appropriation to furnish, 18 
 
148 
 
 Governor's Mansion — Further Appropriation, 21 
 
 Greer — -To create County of, 138 
 
 Headright Certificates — To provide for patenting when 
 
 not presented in time, 10 
 
 Homestead — To define in town or city, 34 
 
 I 
 Interest — To be paid on Treasury Warrants, 1 15 
 
 J 
 Justice's Courts — To regulate time of holding, in Twelfth 
 
 Judicial District, 81 
 
 Judgments — To prevent, becoming dormant, 117 
 
 Judgment Liens — To create and preserve, 117 
 
 Judicial Districts — To create Twentieth, 16 
 
 ik: 
 Killing — Damages may be recovered for unlawful killing 
 
 or death from culpable or negligent act, 32 
 
 Legislature — Appropriation for per diem and mileage, 3 
 
 " To pay contingent expenses, 9 
 
 " For contingent expenses, 119 
 
 Lands — To restore lands sold for taxes and purchased by 
 
 the State, 60 
 
 Lands — To ascertain and adjudicate certain claims for, 
 against the State, situated between Nueces 
 and Rio Grande, 109 
 
 Lunatic Asylum — Making appropriation for the comple- 
 tion and support of, 79 
 Land Office — To regulate fees of, 111 
 
 im: 
 
 Mississippi and Pacific Railroad Reserve — Pre-emption 
 
 settlers al- 
 loweduntil 
 January 1st 
 to pay their 
 claims, 8 
 
 " Validating 
 
 surveys 
 made i n 
 same, 19 
 
 Marion — Creating county of, 57 
 
 Militia — To provide for organization of, 121 
 
149 
 
 I* 
 Public Printing — To regulate, 3 
 Pre-emption Settlers — Time of payment extended, 8 
 " Time for return of field notea ex- 
 tended, 22 
 Poelamations — To pay for printing those unpaid for, 11 
 Public Sales — To regulate in county of Bastrop, 12 
 Peace Commissioners — Appropriation to pay, 20 
 Peter's Colony — To ascertain illegal certificates in same, 26 
 Public Domain — Amending Act to authorise sale of, 30 
 Public Grounds and Buildings — Creating a Board of 
 
 ( fOmmissiohera for, 35 
 " " " Appropriation to put 
 
 same in repair, 36 
 Penitentiary— Appropriation for expenses of, 37 
 Public Weighers — To define their duties and liabilities, 46 
 Peter's Colony — Requiring patents to be issued on sur- 
 veys made therein, 80 
 Paymaster — For Rio Grande troops, shall deduct for 
 
 arms, Sec, purchased, 108 
 
 ZR. 
 Raugeis — Regiment authorized to be raised, 13 
 
 " Appropriation to pay, under command of Ford, 
 
 Bourland and Brown, 20 
 
 " Appropriation to pay, under command of Ford, 
 
 Bourland and Brown, 59 
 
 " Appropriation for supplies furnished Captain 
 
 Williams, Si; 
 
 " Appropriation for supplies, 20 
 
 " Providing that extravagant charges be reduced, 20 
 " Requiring Paymaster to deduct am't for arras, 
 
 fee., 108 
 
 Paver Improvement — Contract may be set aside in cer- 
 tain cases. 24 
 Railroad Companies — Repealing 17th section of Act ap- 
 proved February 7th, iSt 27 
 " Amending Acts of February 7th, 
 1853, and December 19th, 1S57, 
 regulating the same, GO 
 " Amending 3d section of Act of 
 June 30th, 1854, regulating sur- 
 veys, GS 
 registration — Further regulating the registry of D 
 
 and other instruments ot writing, 7.~> 
 
150 
 
 s 
 
 Special Election — For Senator in Eighth District, 10 
 
 Supreme Court — To further regulate proceedings in, 28 
 
 " Library of, Secretary of State shall fur- 
 
 nish with certain documents, 33 
 
 Surveyors — District or County may appoint Deputy, 69 
 
 " Shall be furnished with Books of Record, 34 
 
 Surveys — Patents to issue on surveys heretofore made 
 
 not in a square, 22 
 
 " Repealing 2d section ot Act of January 17th, 
 
 1860, 112 
 
 Sequestration — To amend Act regulating same, 70 
 
 State Government— To provide for support of, for 18G0 
 
 and 1861, 102 
 
 Sinking Fund — To provide lor investment of, ^39 
 
 T 
 
 Taxes — To amend Act, providing for the assessment and 
 
 collection of, 87 
 
 " Land sold for, to be restored, 60 
 
 Treasury Warrants — Unpaid, to draw interest, 115 
 
 tjt 
 
 University Fund — May be used for Frontier defence, 29 
 
 United States Bonds — Authorizing sale of, 82 
 " Authorizing use of those set apart 
 
 for University Fund, 29 
 University Lands — To pay expenses of selling, 35 
 Unorganized Counties — Attaching to organized for Judi- 
 cial purposes, 119 
 
 Wilson — To create county of, 106 
 
 Weighers — Duties and liabilities of Public Weighers, 46 
 
 INDEX TO GENERAL JOINT RESOLUTIONS. 
 
 Abstract of Land Titles — Authorizing Comptroller to 
 
 contract for, 140 
 
 Brownsville — Respecting the removal of port of entry to, 141 
 
 c 
 
 Contigent Expenses — List of, shall be published in Jour- 
 nals, • 143 
 
151 
 
 Defence — Repeeting the reimbursement by tlie United 
 
 States, of money expended for, 142 
 
 IE 3 
 Public Debt Fund— Authorizing the use of, to meet 
 
 claims 01 greater emergency, 141 
 
 Penitentiary — Authorizing Governor to appoint persons 
 • to examine, 142 
 
 Public Property — Authorizing the use of, purchased for 
 
 Boundary Survey, 143 
 
 V 
 
 Volunteers — Authorizing Governor to call out, 140 
 
 
STATE OF TEXAS. 
 
 I, E. W. Cave, Secretary of State of the State of Texas, cer 
 tify, that the eighth session of the Legislature of said State, 
 commenced, at the city of Austin, on Monday the seventh day of 
 November, in the year one thousand eight hundred and fifty- 
 nine, and adjourned on Monday the thirteenth day of February, 
 in the year one thousand eight hundred and sixty. 
 
 And I further certify that the Acts and Joint Resolutions, con- 
 tained in this volume, are true copies, taken from the_ original 
 rolls deposited in the Department of State, with which they 
 have been carefully compared. 
 
 Given under my hand and official seal, the 9th day 
 of April, in the year one thousand eight hundred and 
 sixty. 
 
 E. W. CAVE, 
 
 Secretary of State 
 
Tift: M ^<v^^ f \ 
 
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