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GENERAL LAWS 
 
 OF THE 
 
 NINTH LEGISLATURE 
 
 OF THE 
 
 STA.TE OF TEX^S. 
 
 i 
 
 BY AUTHORITY 
 
 rRINTKD LY E. U. CU3UIN0, TELBORAPH BOOK AND JOB KSTABLISHMEM. 
 
 1862. 
 
GENERAL LAAVS. 
 
 CHAPTER I. 
 
 AN ACT proriding for the ptiymrnt of the per-dicm of the members and offieers of 
 
 the Ninth Legislature. 
 
 SECTION' ]. Be it enneted Inj the Legialature of the State of Texan, Tliat the 
 811111 of twelve tlioiisaiid dollars l)c ami the same is hcrehy apjirojiriated, out 
 of any money in the Treasury not otlicrwise appropriated, towards the pay- 
 ment of the per diem of the members and officers of tlie Legislature, and the 
 certifioate of the Chief Clerk of the House of Representatives and Secretary 
 of the Senate shall be authority for the Comptroller to draw his warrant upon 
 tlie Treasurer for tlie several amounts to which the members and officers arc 
 respectively entitled. 
 
 Sfx'. 2. That this act take effect from and after its passage. 
 
 Ani.rovfd Xovcinlicr 21st. l-^lM. 
 
 CHAPTER II. 
 J.V ACT to niiiend artieic 2>*4 of tfw Penal Code of the State of Terns. 
 • Tiox ].' Re it enarted by the Legislature of the State (f Texas, That 
 2*^4 of the Penal Code be so amended as hereafter to read as follows: 
 ' -■ ] -■ ■ li shall wilfully disturb any congregation as.sembied for religious 
 iducting thfiu.iielves in a lawful manner, whatever may be the 
 I j 1 ; -.d by such congregation, he may be put under restraint by any 
 officer, present, during (he continuance (if such religious worship ; and in 
 on thereto, he .shall, on conviction, be fined a sum not less than five nor 
 than one hnndp'd dollars. 
 
 . 2. This act [shall] be in force from and after its passage. , 
 
 provf.l November 2'M, 1861. 
 
 CHAPTER III. 
 
 \CT to nmrnd the l.vf seetion of an art rnlilled. "An Art to amend the ith fet- 
 . of the art of May 12f/i, If4'>, entitled ' An Act to rraiilatf the liemse and prae- 
 of Attorneys and Counsellors at Lair;'" and to amend tiu 2</ seetion of the 
 of February Wth, lrC>4, entitlfd "An Aet to amend the \)th and \Ulh sertions 
 'in art to regulate the. license and practice of Attorneys and Counsellors at 
 ir.'' 
 
 TION 1. Rr it enartfdby the Legislature of the State of Texas, That the 1st 
 n of tlie above entitled act i« hereby amended, so that the same f-hall here- 
 read as followB, to wit : * 
 
Every person admitted to practice law shall, before receiving license, take an 
 oath that he will support the Constitution of this State, and the Con.stitution of the 
 Confederate States, so long as Texas shall remain a member thereof; that he will 
 honestly demean himself in tlie practice of the law, and will discharge his duties 
 to his clients to the best of his ability. Which oath shall bo endorsed upon his 
 license, subscribed by him, and attested by the officer administering the same. 
 
 Skc. 2. That an act entitled as above, approved April 1st, 1861, be and the 
 same is hereby repealed ; and that this act take effect, and be in force from and 
 -after its passage. 
 
 Approved November 27, 1861. • 
 
 CHAPTER IV. 
 
 ^N ACT supplementary to an act entitled "An Act authorizing the issuing of 
 
 Duplicate Land Warrants, Discharges, and Duplicates fur Jleadright Claims," 
 
 upon certain conditions. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That when 
 any person may have applied for and obtained a Duplicate Land Warrant, 
 Discharge, or lieadright Certificate, under the provisions of the act to which this 
 is a Supplement, and may have lost such Duplicate, such person shall be entitled 
 to demand and receive a Triplicate of the same, so lost, by complying with 
 the above recited act. 
 
 Sec. 2. That this act shall take eflect and be in force from and after its pas- 
 sage. 
 
 Approved November 27th, 1661. 
 
 CHAPTER V. 
 
 -AN ACT to provide for the sale of certain property belonging lo the State, now in 
 ^Ae hands of the Adjutant General; and for the payment of the proceeds of such 
 sale in money, Treasury warrants, or other liabilities of this State. 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 Adjutant General be and he is Jiereby required to sell, or cause to be sold, within 
 the limits of twenty days, and after having advertised said sale by notice sent out 
 to other counties for at least ten daj'S before said sale, or as soon thereafter as pos- 
 sible, at the city of Austin, and to the highest bidder, any and all perishable pro- 
 perty now owned by the State,recent]y in the possession of Quartermaster Dcbray, 
 consisting of nuiles, horses, ambulances, harness, camp equipage, &c. ; t^ie pro- 
 ceeds of such sale to be in money, Treasury warrants, or other legal or audited 
 claims against the State of Texas, and by him paid into the Treasury ; and that 
 the necesary expenses of such sale be paid by the Treasurer, on the order of the 
 Adjutant General. 
 
 Sec. 2. That fifty dollars, or so much thereof as may be necessary to carry 
 into effect the provisions of section one of this act, be and the same is hereby 
 appropriated out of any unappropriated money now in the Treasiuy ; and that 
 this act take effect from and after its passage. 
 Approved NovemJ)er 27th, 1861. 
 
 CHAPTER VI. 
 
 AN ACT to promote the construction of an efficient War Marine by the Confeder- 
 ate Government. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 sum of five hundred dollars be and the same is hereby appropriated out of any 
 money in the Treasury, not otherwise appropriated, for the purpose of assisting 
 Robert Creuzbaur in submitting his invention, styled the "' Sea King," to the 
 War Department of the Confederate States for examination ; and in the prepara- 
 tion of such drawings, and the construction of such models as may be required 
 by that Department in making such examination. 
 
Sec. 2. Beit further enacted ,Th;it the Comptroller V and he is hereby requirecF 
 to draw his warrant on the Treasurer, io favor of Robert Crenzbanr, for the sum 
 appropriated by the 1st section of this act, and that the Treasurer pay the same 
 as lierein provided. 
 
 Skc. 3. Be it further enacted, Tiiat the said sum of five hundred dollars shall 
 be returned into the Treasury of the State out of any profits which he, the said 
 Robert Creuzbaur. may derive from the use of his invention. 
 
 Sec. 4. Be it further enacted, That this act take effect and be in force from and 
 after its passap^e. 
 
 Approved November 27th, ISCil . 
 
 CHAPTER VII. 
 
 AN ACT Suspending all laws for the collection of debts and liahilitics on bonds, 
 promissory not(s, hills oj exchange, and contracts for the payment of money, un- 
 til thefrst day of January, 1864, or nntil six months after the close of the pres- 
 ent xcar should it terminate before the date named, or until otherwise provided by 
 law. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That until 
 the first day of January. 1864, or until six months after the close of the 
 present war, should it terminate before the date named, or until otherwise 
 provided by law, all laws for the collection of debts, and liabilities on bonds, 
 promissory notes, bills of exchange, and contracts for the payment of money, 
 except in cases of official liabilities on the part of public officers, liabilities 
 and indebtedness to the State, and also where money has been received on 
 dej)Osit, or in trust for those who may be entitled to the same, and for the 
 collection of tlie interest on the money loaned at interest by guardians, be- 
 longing to their wards; arc hereby suspended, provided that this act shall 
 not be construed to forbid the issuance of writs of attachment, sequestration, 
 or injunction, nor the institution of necessary preliminary proceedings for 
 that jiurpose in accordance with existing laws, and provided further, that 
 tins act shall not ap]ily to any claim or demand against alien enemies, and 
 provided further, that this act shall not be so construed as to interfere with 
 the action of the Supreme Court in deciding all cases as now directed by 
 law. 
 
 Sec. 2. That this act shall not apply to parties who have cases now 
 pending in the Courts who agree in open Court to proceed to trial. 
 
 Sec. 3. That until the expiration of the time named in the first section 
 of this act, or until otherwise provided by law ; no execution or venditioni 
 exponas founded upon any judgment, or decree, obtained previous to the 
 passage of this act, shall be issued for the sales of property, nor shall there 
 be any sales under execution, or writs of venditioni exponas now issued, or 
 levied, imlcss the judgment-creditor, or his Agent, or Attorney, shall make 
 an affidavit in writing, before the Justice of the Peace, or the Clerk of the 
 Court to whom he shall apply for said execution, or rcnditioni exponas, that 
 the defendant is about to remove his property beyond this State, or the 
 County, where the judgment, or decree was rendered, or that he is about to 
 transfer, or secrete, or has transfered, or secreted bis property for the purpose 
 of defrauding his creditors, and that thereby the plaintiff will probably lose 
 his debt, and he shall also swear that the writ is not sued out for the pur- 
 pose of injuring the defendant ; provided. That any debtor or defendant who 
 may have property in the hands of the Sheriff, or other officer, under levy of 
 execution or venditioni exponas, shall,"%vithin sixty days after the pa.ssagc of this 
 act, replevy the same \m giving bond in double the value of the property or 
 the amount of the debt, if it be less, with good and sufficient security, pay- 
 able to the jdaintiff in the writ, for the forthcoming of the pro])erfy when the 
 remedies for the collection of debts liercby suspended shall be revived. 
 
 Sec. 4. That this act shall not be construed to discharge the lien vvbicb 
 has already been acquired by due process of law, nor shall the time during 
 
nvhicli this law is in force, be computed in any case where the statute of limi- 
 -tation comes in (juestion. 
 
 Sec. 5. Tliat during the time named in this act, or until otherwise pro- 
 vided by law, it shall not l)e necessary to issue execution or writs of rendi- 
 /jowi c:r;;oH«s to prevent judo-ments from becomino: dormant, nor shall it be 
 necessary for the holder of any bill of exchange, or promissory note, to 
 bring suit against the acceptor of such bill of exchange, or against the maker 
 of such promissory note, in order to secure and tix the liability of any drawer 
 or endorser of such bill of exchange, or any endorser of such promissory 
 note. 
 
 Sec. 6. That during the time named in the first section of this act, or 
 until otherwise provided b}' law, there shall be no sales of property under 
 deeds of trust, or mortgages, or hypothecations in writing ; but the benefi- 
 ciaries under the same shall be entitled to the benefits of the writ of seques- 
 tration in accordance with the existing laws ; provided, That in all cases 
 where the property conveyed by deeds of trust, or mortgages with power of 
 sale in the mortgage, may be of a perishable nature, and liable to depre- 
 ciation in value by lapse of time, the beneficiaries in such deeds of trust or 
 mortgages, shall, after the maturity of tha same, be entitled to the benefits of 
 tlie writ of sequestration i^pon making affidavit in Avriting before the officer 
 to whom he shall apply for said writ as follows, viz : 
 
 First, That he holds an unsatisfied deed of trust, or mortgage upon the pro- 
 perty sought to be sequestrated, and which shall be described in the affidavit, 
 and shall also state that the debt secured by said deed of trust, or mortgage, 
 is due and unpaid and the amount thereof. 
 
 Second, That said property is of a perishable nature, and is depreciating 
 in value, or that it is being wasted by the person in possession of the same, 
 and that by reason of such depreciation or waste, the security provided by 
 such deed of trust, or mortgage, will become insufficient before the lapse of 
 time provided for in this act, for the payment of the amount due on said deed 
 of trust or mortgage, — and thereupon, said writ of sequestration shall be 
 issued, and the property sequestrated may be replevied by the debtor or 
 grantor in said deed of trust, or mortgage, or in default thereof by the bene- 
 ficiary therein as now provided by law under the act regulating seques- 
 trations. 
 
 Sec. 7. That during the time named in this act, or until otherwise pro- 
 vided by law, no property of any soldier, seaman, or marine, now or here- 
 after engaged in the military or naval service of the Confederate States of 
 America, or the State of Texas, shall, during such service, be levied on 
 under execution, or sold by virtue of any levy heretofore made. Nor shall 
 the property of any such soldier, or marine, be subject to attachment or writs 
 of venditioni exponas, or sequestration, during his continuance in said 
 service. 
 
 Sec. b. That .this act shall take effect and be in force from and after its 
 passage. 
 
 Approved December 7th, 1861. 
 
 CHAPTEE VIII. 
 
 JiJ^ ACT legalizing the action of various County Courts in issuing Bonds 
 for military purposes, and providing a tax for the redemption of the same. 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 the action of such of the County Courts of this State, as have issued, or pro- 
 vided for the issuance of county bonds of their counties for military purposes, 
 or for the support and carrying on of the war, now existing between the Con- 
 federate States of America and the United States, is hereby validated in all 
 respects, and such bonds shall be as Valid and binding upon the counties issu- 
 ing the same, as though they had been issued or provided to be issued in strict 
 accordance with pre-existing laws ; and all acts of such county courts in levy- 
 
ing, or providing for the levy of taxes for the purpose of payinj^ such bonds, 
 or the interest thereon, are hereby validated and made, in all respects, valid 
 and binding on such counties. 
 
 Sec, 2. This act shall be in force from and after its passage.] 
 
 Approved, December 'J, 1861. 
 
 CHAPTER IX. 
 
 AJV ACT relating to forfeitures in certain cases of bail bonds and recogniz' 
 
 ances. in cases of misde>neanor. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 during the continuance of the existing war between the Confederate States 
 of America and the United States, no forfeiture of any bail bond or recog- 
 nizance, executed or entered into by f ny defendant or surety for a defendant, 
 witness, or surety for a witness, in any case of misdemeanor, shall be taken 
 or entered by any court in this State, against such defendant, or surety for 
 defendant, witness, or surety for witness, while such defendant or witness 
 shall be in the military or naval service of the Confederate States of America, 
 or of this State ; nor shall any such forfeiture be taken or entered against any 
 such surety of a defendant or witness, while such surety shall be in such 
 service. 
 
 Sec. 2. This act shall take effect, and bo in force from and after its pas- 
 sage, and shall cease to be of force or effect from and after the establishment 
 of peace between the Confederate States and the United States. 
 
 Approved, December 9, 1861. 
 
 CHAPTER X. 
 
 AjX act tnalxing an appropriation to defray the contingent expenses of the 
 
 A^inth Legislature. 
 
 Section 1. Be it enacted by the Lrgislature of the State of Texas, That 
 the sum of four thousand dollars, or so much thereof as may be necessary, be 
 and the same is hereby appropriated to pay the contingent expenses of the 
 Ninth Legislature. 
 
 Sec, 2. That this act take effect and be in force from and after its passage. 
 
 Approved, December 9, 1861. 
 
 CHAPTER XI. 
 
 AA" ACT defining the pay of the State Troops under the command of Col. 
 
 John S. Ford, on the Rio Grande. 
 
 Section 1. Be it enacted by the Legifilature of the State of Texas, That 
 all State Troops called into service by authority of the Convention of Texas, 
 or the Governor of the State, on the Kio Grande for the year 1861, under com- 
 mand of Col. John S. Ford, that served on the Lower Kio Grande, and were 
 mustered out of service by Charles Loven.skiold, sliall receive the same pay 
 and allowance, as are allowed for similar services, according to army regula • 
 tious, for the year 1857, as adopted liy this State. 
 
 Sec. 2. That the Comptroller l)e authorized and required to audit all 
 claims arising under the first section of this act, and cause the same lo be paid 
 out of any General Frontier approjtriafions. 
 
 Sec. 3. That this act take effect from and after its passage. 
 
 Approved, December 14, 1861. 
 
 CH/TPTER XII. 
 
 AJV ACT allotting the laws of any of the Confederate Slates to be received 
 in evidence. 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 
a printed volume or book, purporting or appearing upon the face of it, tfr 
 contain the laws of any State of the Confederate States of America, or any 
 Territory thereof, may be received as prima facie evidence of the laws of such 
 State, whenever such laws shall come in question in the trial of any case in 
 any court of this State. 
 
 Sec. 2. That this act take effect and be in force from and after its passage. 
 
 Approved, December 17, 1861. 
 
 CHAPTER XIII. 
 
 AJV ACT to amend the second section of Jin Act entitled An Act to regulate 
 
 interest. 
 
 Section 1. Be it enacted hy the Legislature of the State of Texas, That 
 the second section of an act entitled "jan act to regulate interest," be amended 
 so that the same shall hereafter read as follows, to- wit : That on all written 
 contracts, ascertaining the sum duo when no specific premium or rate of in- _ 
 terest is expressed, interest shall be taken, recovered and allowed at the rate^ 
 of eight per centum per annum, from and after the said sum is due and pay- , 
 able ; and that on all open accounts, when no specific rate of interest is agreed 
 upon, interest shall be taken, recovered and allowed at the rate of eight per 
 centum per annum, from the first day of January of each year, after such ac- 
 counts are made. 
 
 Sec. 2. That this act take effect from and after its passage. 
 
 Approved, December 17, 1861. 
 
 CHAPTEE XIV. 
 AJV A€T to change the names of the Coimties of Cass and Buchanan. 
 
 Section 1. Beit enacted by the Legislature of the State of Texas, That 
 the names of the Counties of Cass and Buchanan, be changed to Davis and 
 Stephens, respectively, (in honor of Jeff. Davis, President, and A. H. Ste- 
 phens, Vice President of the Confederate States of America.) 
 
 Sec. 2. That all processes heretofore issued from either of said counties, 
 be as valid as if the same had been issued in the name of the counties of Davis 
 and Stephens. 
 
 Sec. 3. That all laws in conflict with this act be, and are hereby repeal- 
 ed ; and this act take efiect from and after its passage. 
 
 Approved, December 17, 1861. 
 
 CHAPTER XV. 
 
 AN ACT for the benefit of irrigable property. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That any 
 person or persons amenable to the laws governing irrigation, who may refuse 
 to work on any ditch or aqueduct when summoned by the proper authority, 
 may be cited before any Justice of the Peace in the precinct where he or they 
 may reside, and fined not less than one nor more than five dollars, for each 
 and every offence or refusal. 
 
 Sec. 2. That this act shall take eflPect and be in force from and after its 
 passage. 
 
 Approved December 20th, 1861. 
 
 CHAPTER XVI. 
 
 AN ACT provide for the protection of the Frontier of the State of Texa. 
 
 Section 1. Beit enacted hy the Legislature of the State of Texas, That there 
 shall be raised a regiment of Rangers for the protection of the Northern and 
 Western frontier of the State of Texas, to consist of ten companies, to be 
 
raised as hereinafter prescribea, to be officered according to the rules and 
 regulations of the Confederate States army, and the number of officers and 
 privates,_ their pay and emoluments, shall bb the same as in similar service in 
 the Confederate States army. 
 Sec. 2. Said men shall furnish themselves with arms, liorses and accoutre- 
 
 ! mentS, and shall be enrolled for a term not less than twelve months, unless 
 sooner discharged ; and at the expiration of their term of service others shall 
 be enrolled to supply their places. 
 
 Sec. 3. The requisite number of men for said regiment shall be raised in 
 the frontier counties, to wit: One company shall he raised in the counties of 
 Clay, Montague, Cooke and Wise; one company shall be rai.sed in the coun- 
 ties of Young, Jack. Palo Pinto and Parker; one company from the counties 
 
 I of Stephens, Eastland, Erath and Bosque ; one company from the counties of 
 Coryell, Plamilton, Lampasas, Comanche and Brown; one company from the 
 counties of Sau Saba, Mason, Llano and Burnet; one company from' the coun- 
 ties of Gillespie. Hays and Kerr; one company from the counties of Blanco 
 Bandera, Medina and Uvalde; one company from the counties of Frio, Atas- 
 cosa. Live Oak, Karnes and Bee ; one company from the counties of El Paso 
 and Presidio : and one company may be raised in any section of the State the 
 Governor may direct. And, provided, that the unorganized counties shall fur- 
 nish men with the counties to which they are attached for judicial purposes 
 and every county named in this section shall have the priviiesre to furnisli its' 
 proportion of men, in preference to all other applications ; and when any com- 
 pany cannot be furnished with the requisite number of men from the counties 
 named in this act, then the deficiency may be supplied from the nearest adjoin- 
 ing counties not named in this act. 
 
 Sec. 4. Said troops shall be stationed in detachments of not less than 
 twenty-five men. When the requisite number of men shall have entered this 
 service, and shall take their stations on the outside settlements of the fron- 
 tier, as nearly as practicable in a direct line from a jioint on Red River to a 
 point on the Kio Grande river, and thence down said river to its month, to be 
 selected by the commanding officer, and the commanding officer shall 'select 
 the posts at the direction of the Governor, in accordance with this act ; and 
 such stations shall be, if practicable, about twcntv-five miles distant from each 
 other, or so near each other that scouts shall jiass over the ground between 
 any two stations once every day. And further, that the companies, or parts 
 of companies, shall be stationed on that ])art of the frontier in which they 
 have been enrolled, and that the posts on Red liivcr shall be supplied with ad- 
 ditional iorce of not less than twenty-five men ; and the company dcsi"-nated 
 in the third section of this act, to be raised in any part of tfie State, shall be 
 in readiness to report to any part of the line the Governor or commanding 
 officer may think necessary. 
 
 Sec. 5. That the Governor is required, immediately after the passa"-e of 
 this act, to commision competent persons, one for everyVompanv and district, 
 as set furth in this act, to enroll the number of men for a company, and wlien 
 at least sixty-four men shall have been enrolled, thev shall organize by holding 
 elections for company officers, and the Captain elected shall return a niuster- 
 rol],and make such other reports as may be re(iuired by the Govcrnor,to the Adju- 
 tant-General's department, and shall, as soon as ordered by the Governor, re- 
 pair to the frontier, and perform duty on the plan laid down in this act, until 
 Dtherwi.se directed by the Governor or superior officer. 
 
 Sec. G. The Governor shall have power to apj)oiiit the field officers, as well 
 18 all other disbursing officers, pertaining to Faid regiment. 
 
 Sec. 7. The troops raised under anti liy virtue of this act shall he suliject 
 the rules and regulations of the Confederate States army, but shall always 
 )e subject to the authorities of the State of Texas for frontier service, and shall 
 lot be removed beyond the limits of the State of Texas; and that it shall be 
 he duty of the Governor to enclose a copy of this act to the Secretary of War, 
 nd to each of our Represenlatives in Congress, urging the acceptance of said 
 epiment in the service of the Confederate States, as in lieu of one of the 
 
10 
 
 regiments now upon said frontier, and as the most effective and economical 
 mode of frontier protection. 
 
 Sec. 8. That no portion of said troops sliall become a charge against the 
 State lantil organized, as required by the fifth section of this act, and placed 
 under orders. 
 
 Sec. 9. That an act to provide for tlie protection of the frontier of the State 
 of Texas, passed February 7th, 1861, be and the same is hereby repealed, from 
 and after the first day of March next. 
 
 Sec. 10. The Governor shall have power to disband said regiment when- 
 ever in liis judgment the services shall no longer be necessary for frontier pro- 
 tection, should tlie same not be accepted by the Confederate Government, un- 
 der the provisions of this act. 
 
 Sec. 11 . That this act take effect and be in force from and after its passage. 
 
 Approved December 21st, 1861. 
 
 CHAPTER XVII. 
 
 ^N ACT to repeal section 2d and section 5th of an act entitled "An Act to incor- 
 porate all military imiformed companies note organized, or to he organized in the 
 State." Approved February Ibth, 18.58. 
 
 Section 1. Be it enacted hy the Legislature of the State of Texas, That sec- 
 tion two and section five of an act entitled "An Act to incorporate all military 
 uniformed companies now organized or to be organized in the State," approved 
 February 15, 1858, be and the same are hereby repealed, and this act to be in 
 force from and after its passage. 
 Approved December 24th, 1861. 
 
 CHAPTER XVIII. 
 
 AN ACT to repeal an act supplemental to "An Act to regulate Estrays," ap- 
 proved February 5th, 1861 ; and "An Act to amend an act supplemental to an act 
 to regulate Estrays," approved February 5th, 1861, approved April 6th, 1861;' 
 and to revive an act to regulate Estrays, approved February 5th, 1850, and an, 
 act approved December 17th, 1851, in certain counties hereinafter named. 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 an act supplemental to an act to regulate Estrays, approved February 5th, 
 1861 ; and an act to amend an act supplemental to an act to regulate Estrays, 
 approved February 5th, 1861, approved April 6tli, 1861, be and the same are 
 hereby repealed witliin tiie counties of Smith, Cherokee, Anderson, Ivamar, 
 Shelby, Grayson, Leon, Madison, Houston, Trinity, San Augustine, Angelina, 
 Dallas, Davis, Red River, Harris, Titus, Bowie, Upshur, Wood, Marion, Col- 
 lin, Nacogdoches, Van Zandt, Henderson, Tarrant, Newton, Jasper, Tyler, 
 Polk, Hardin and Orange; and that an act entitled an act to regulate Estrays, 
 approved February 5tli, 185U, and an act approved December 17th, 1851, be 
 and the same are hereby revived within the above-named counties. 
 
 Sec. 2. That this act take effect and be in force from and after its passage, 
 
 provided, that all estrays which are required to be sold before the courthouse 
 
 door of tliese counties, shall be sold only on the first Tuesday in each month 
 
 between the legal hours of sale. 
 
 Approved December 24th, 1861. 
 
 CHAPTER XIX. 
 
 AN ACT to amend the 1st section of an act entitled "An Act prescribing the 
 order of determining cases in the Supreme Court,^^ approved February 7th, 
 1861. 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 
 first section of the above recited act shall be so amended as hereafter to read 
 
 as follows, to wit: 
 
11 
 
 That the cases on the dockets of the Supreme Court shall be determined in 
 the order in which they stand upon the docket, or have been or may be submitted 
 to the court, except where continued by consent, or to make parties ; or for the 
 return of any writ ; or in cases which have been lieard by two of the 
 judges only, and they ai-e unable to ag^ree ; or in cases in which the court are 
 unable to form an opinion upon which a judgement can be entered, after inves- 
 tigatinpf the same a reasonable time. And whenever a case is thus passe\l over 
 it shall be the duty of the Chief Justice to enter ujion the docket the reason 
 therefor, and proceed with other cases upon tlie docket. 
 
 Sec. '.i. Tliis act shall take effect and be in force from and after its passa<?e. 
 
 Approved December '»i7tb, Ibtil. 
 
 CHAPTER XX. 
 
 AN ACT to perfect the organization of State Troo]):<, and place the same on a 
 
 tear footing. 
 
 Section 1. Be it enacted by the Legislature of the Stale of Tc.ras, That every 
 able bodied free white male inhabitant of this State, between the ages of 
 eigiitcen and fifty years, shall be liable to perform military duty under this 
 act, except as herein provided. 
 
 Sec. 2. Postmasters, mail carriers, ferrymen on puljlic roads. Judges of 
 the Supreme and Districts, and clerks of said courts. Secretary of State, 
 Comptroller and Treasurer of the State, Chief Justices and clerks of the 
 county cotu'ts. all orticers of the Confederate States, 'engineers and conduc- 
 tors on railroads, officers and crews of steamboats, sheriti's and officers of the 
 Penitentiary, shall be exempt from the performance of military duty as pre- 
 scribed by tiiis act. 
 
 Sec. 3. The whole of this State shall be divided into thirty-three Brigade 
 Districts as follows, to-wit : Brigade No. 1, shall be comiiosed of the county 
 of (ialvestou : Brigade No. 2, shall be composed of the counties of Cham 
 bers. Liberty, Polk, Tyler, Hardin, Jasper, Newton, Jefferson and Orange ; 
 Brigade No. 'S, the counties of Angelina, Nacogdoches and San Augustine; 
 Brigade No. 4, the counties of Sabine, Shelby and Panola; Brigade No. 5, 
 the county of Kusk ; Brigade No. (i, the counties of Harrison and Upshur; 
 Brigade No. 7. the counties of Davis, Marion and Bowie; Brigade No. 8, 
 the counties of Titus and Red River; Brigade No. 9, the counties of Lamar 
 and H<i)ikins ; Brigade No. 10, the county of Cherokee; Brigade No. 11, the 
 counties of Houston, Anderson and Trinity; Brigade No. 12, the counties of 
 Wood, Smith and Van Zandt; Brigade No. P.J, the counties of Kauffman, 
 l>allas and Henderson; Brigade No. 14, the counties of Fannin and Hunt; 
 Brigade No. 15, the counties of (iuayson and Collin; Brigade No. Iti, the 
 counties of Brazoria, Fort Bend and Harris: Brigade No. 17, the counties of 
 Montgomery, Grimes and Walker; Brigade No, 18, the counties of Madison, 
 Leon. Robertson, Brazos and Burleson; Brigade No. l!t, the counties of 
 Limestone. Freestone, Ellis and Navarro: Brigade No. 2(1, the counties of 
 Johnson. Tarrant, Erath, Parker and Palo Pinto; Brigade No. 21, the coun- 
 ties of Cook, Denton, Wise, Montague, Jack, Young, Clay. Witchita, Archer, 
 Wilbarger, Baylor, Throckmorton, Hardeman, Knox, Haskel, Stephens, 
 Shackelford and Jones; Brigade No. 22,- the counties of I\Iatagorda, Whar- 
 ton, Colorado and Fayette; Brigade No. 23, the counties of Austin and 
 Washington ; Brigade No. 24, the counties of Calhoun. Jackson, Victoria, 
 De Witt and Lavaca; Brigade No. 25, the counties of (lonzales, Guadalupe 
 and Caldwell: Brigade No. 2t>, the (yjunties of Bastroj), Travis and H.ays; 
 Brigade No. 27, the counties of Milam, A\'illiamson, Burnet, Bell and Lam- 
 ]ias,as: Brigade No. 2H, the counties of Falls, Coryell, McLennan, Bosque, 
 manclie, Brown, Hamilton, Eastland. Callahan, Coleman, Taylor, Run- 
 nels and Hill ; Brigade No. 2!>, the coijnties of Refugio, San Patricio, Nue- 
 ces, (ioli.ad. Bee, Live Oak, Karnes, McMullen, La Salle and Dimmit; Brig- 
 ade No. :?<!, the counties of Bexar and Wilson; Brigade No. 31, the counties. 
 
12 
 
 of Blanco, Comal, Bandera, Kerr, Gillespie, Llano, San Saba, Medina, Uvalde, 
 McCulloch, Concho, Mason, Menard, Kimble, Edward, Dawson, Kinney, 
 Maverick, Atascosa, Frio and Zavalla ; Brigade No. 32, the counties of Cam- 
 eron, Hidalgo, Starr, Zapata, Webb, Encinal and Duval; Brigade No. 33, the 
 counties of El Paso and Pi-esidio. 
 
 Sec. 4. The State troops of each military district shall be divided into 
 companies, battalions, regiments and brigades ; each company shall consist of 
 not less than thirty-two nor more than one hundred, non-commissioned officers 
 and jirivates. Battalions shall consist of not less than three, and when formed 
 into regiments, not more than five companies. A regiment shall consist of 
 not less than two battalions, and a brigade shall consist of not less than two 
 regiments ; Provided, nothing in this act shall prevent the different arms of 
 service of the State troops adapting their respective organization to the cor- 
 responding arms of service of the Confederate States army. 
 
 Sec. 5. There shall be to each company one Captain, one First Lieuten- 
 ant, two Second Lieutenants, four Sergeants, and four Corporals, and two 
 Musicians. 
 
 Sec. 6. There shall be to each regiment, one Colonel, one Lieutenant-Colo- 
 nel, one Major, and the following staff officers, to-wit : one Adjutant, with 
 the rank of First Lieutenant, one Quartermaster, who shall also act as pay- 
 master, one Commissary, one Assistant Surgeon, each with the rank of Cap- 
 tain, one Surgeon, with the rank of Major, one Sergeant Major, one Quarter 
 master Sergeant, and two Chief Musicians, and one Chaplain, with the rank 
 of Captain. The regimental staff shall be appointed and shall hold their res- 
 pective offices at the pleasure of the Colonel of the regiment. 
 
 Sec. 7. There shall be to each brigade one Brigadier-General, with the 
 following staff officers : one brigade Major, one brigade Adjutant and Inspec- 
 tor General, who shall serve as Judge-Advocate, one brigade Quartermaster, 
 who shall serve also as paymaster, one Commissary, each with the i"ank of 
 Major, one Aid-de-Camp with the rank of Captain. 
 
 Sec. 8. The rank of officers of equal grade shall be determined by senior- 
 ity of commissions, but when commissions of equal date exist, the rank 
 shall be determined by lot to be drawn by the officers holding such commis- 
 sions, in the presence of their respective commanders, whether of regiment, 
 battalion or companies, and shall be endorsed upon their respective commis- 
 sions ; but when commissions issued to Brigadier-Generals are of the same 
 date, the rank shall be determined by lot drawn bj'^ the Adjutant-General. 
 
 Sec- 9. The organization of the Militia of the State heretofore effected 
 under the Act of February 14th, 1889, shall be preserved so far as is consis- 
 tent with the provisions of this act, and shall hereafter be regulated by the 
 same ; and all officers elected by Aurtue, of the act of Februar}' 14th, 1860, 
 shall continue to exercise the duties of their several offices until the first day 
 of April, 1862, or imtil such time thereafter as their successors may be elected 
 and qualified under the piovisions of this act, unless such officers sooner re- 
 sign or be removed ; and there shall be elected under orders of the Brigadier- 
 Generals, in accordance with this act, on the last Saturday in March, 1862, 
 company and field officers, to succeed those now in office under the act of Feb- 
 ruary 14th, 1860. And if for any cause an election should not be held in 
 any case, according to the provisions of this section, in such case an election 
 shall be immediately ordered by the legimeutal or brigade commandant, as 
 the case may be, giving ten days notice thereof, and all commissions issued 
 under the provisions of this act shall expire at the end of three years from 
 their date, except those of Brigadier-Generals. 
 
 Sec. 10. It shall be the duty of the Brigadier-General in each brigade, 
 immediately after the passage of this act, to appoint and authorize the senior 
 Justice of the Peace, in each precinct, and in such precincts as have no Jus- 
 tice of the Peace, tl.s Brigadier-General shall appoint some fit and suitable 
 person, as enrolling officer of such precinct, where the militia have not al- 
 ready been enrolled and companies organized as contemplated by the forego- 
 ing section, whose duty it shall be, within ten days after notice of his appoint 
 
13 
 
 ment, to enroll all persons within his precinct subject to military duty under the 
 provisions of this act, and such enrolling officer, immediately upon completing 
 the enrollment within his precinct, shall, within five days, make duplicate 
 copies of said enrollment, one of which he shall forward to the ]?rigadicr- 
 General, and the other he shall retain until tho troops enrolled by him have 
 been organized by the election of company officers, said enrolling otlicer 
 shall, upon the completion of enrollment, immediately order an election for 
 company officers, giving ten days notice by posting advertisements in three 
 or more places in said precinct, designating the time and place of said elec- 
 tion. He shall act as judge of said election, and shall apjioint two persons to 
 act as assistant judges of said election, and within live days after such election 
 shall certify the result of said election, and forward the same, together with 
 the poll list, enveloped and sealed, to the Iirigadier-(ieneral, upon whose cer- 
 tificate to the Adjutant-General, commissions shall be issued to the persons 
 elected, but the conipany officers shall proceed to the discharge of tho duties 
 of their r(>spective offices, upon the certificate of election from the lirigadier- 
 General, in the same manner and efi'ect as if comniissioued by the (iovernor. 
 
 Sec. 11. The enrolling officers appointed as above provided shall continue 
 in office during the pleasure of the Brigadier-General, and whilst in office they 
 shall promptly and faithfully obey all orders of the Brigadier-General and 
 officers in command of the regiment or battalion to which such enrolling offi- 
 cer may be attached, and such Justice of Peace or enrolling officer may be 
 punished upon conviction by a court having com]ietent jurisdiction, by a fine 
 of not less than twenty-five nor more than fifty dollars for any and every delin- 
 quency or disobedience of orders of which ho or they may be guilty, all per- 
 sons refusing to respond to the satisfaction of the enrolling officer shall be 
 returned by such officer as liable to military duty. 
 
 Sec. 12. It shall be the duty of the Brigadier-General, within ten days 
 after the receipt of the returns of the election of company officers to divide 
 his Brigade into regiments and battalions, and independent battalions may be 
 formed in counties where the population is insufficient to form a regiment, 
 and in such parts of counties where settlenu-nts may be separated or isolated 
 by natural causes, and shall within twenty days thereafter order an election 
 for one Colonel, one Lieutenant Cokuud and one Major of each regiment by 
 issuing an order to the enrolling officers, reciuiring them to post such order of 
 election in three jiublic places in each company boat composing such brigade 
 district, at least ten days previous to such election, and such Justices ot the 
 Peace, or enrolling officers, as were appointed to enroll and hold election for 
 company officers, shall, on the day designated by the order of the IJrigadier 
 General, open the poll for the election of .said Colonel. Lieutenant Colonel and 
 Major, and shall keep a correct roll of every vote cast, whether for Colonel, 
 Lieutenant Colonel or Major, which shall be certified to by the officer 
 holding such election, signed, sealed and transmitted within ten days to the 
 Brigadier-General, and it shall be the duty of the Brigadier-General to open 
 such returns and issue to such persons as may have received the highest vote 
 cast, whether for Colonel, Lieutenant Colonel or Major, a certificate of such 
 election, and shall immediately transmit to the Adjutant-tJeneral, a certificate 
 of such election, whereupon commissions shall be issued to such jiartics, and 
 any person having been elected Colonel, Lieutenant Colonel or Major, and 
 having received a certificate of such election from the Brigadier-General, shall 
 immediately proceed to the discharge of their duties, and shall bo respected 
 accordingly. 
 
 Skc. ];{. The Brigadier-Generals appointed as herein before provided, 
 shall, within ten days after the regimwital and battalion organization has been 
 completed, order an election for Brigadier-(}cnerals, giving twenty days notice 
 of said election. And it shall be the duty of the Captains or officers in com- 
 mand of companies to advertise said election in the manner jtrovided herein 
 for other elections, and to open the polls and hold said election on tlie day 
 designated in tho order therefor, said election shall be held alid regulated iji 
 all respects as elections for company officers. The Captain or officer in com- 
 
14 
 
 mand of the company being' the judge of election, and having power to ap- 
 point two assistant judges. The returns of said election shad be immedi- 
 ately made to the Adjutant-Geueral, who shall, after the expiration of thirty 
 days, or so soon as the returns from all the precincts have been received by 
 Inm, proceed to open and compare said returns, and shall issue commissions 
 to tlie persons receiving the largest number of votes at said election. The 
 person so elected and commissioned shall hold his office for the term of four 
 years from the date of his commission. 
 
 Sec. 14. It shall be the duty of the Captain to enforce within his company 
 the military laws of this State, and the commands of his superior officers; he 
 shall assemble his company at least once every two weeks during the con- 
 tinuance of the present war, and shall instruct, drill and exercise it in the 
 school of the soldier and company. He shall be responsible for the correct 
 instruction and good order of his company ; he shall constantly keep in office 
 in his company the full number of non-commissioned officers required bylaw; 
 he shall report all defaulters for neglect of military duty to the first court- 
 martial authorized to try the same ; he shall cause such otfenders to be sum- 
 moned to attend such court-martial, which he shall furnish with the evidence 
 of such summons; he shall have power to order and enforce the re-enrollment 
 of all persons within his military beat, as often as he may think necessary to 
 promote the efficiency of his connnand, and he shall have power to impose 
 such punishment by arrest, imposition of fatigue duty, or other punishment, 
 for disobedience of orders, or unmilitary conduct whilst on parade or on duty, 
 as in his discretion he may deem necessary and proper, being responsible for 
 the improper use of authority as hereinafter provided. 
 
 Sec. 15- Every officer, non-commissioned officer and private composing 
 any company organization, and every person residing in any company beat, 
 liable to perform military duty as is required by tliis act, who shall fail to 
 attend any company muster and perform duty thereat, shall, without having 
 been excused by the Captain, be guilty of an otfence, and may be fined in the 
 sum of not less than one nor more than five dollars together with all costs, 
 for such disobedience of orders, to be collected as herein provided, notice 
 given by the Orderly Sergeant before dismissing his company, or by being 
 posted at three public places within the company beat for five days previous 
 to any company muster shall be deemed legal notice thereof. 
 
 Sec. 16. At each aud every company, battalion or regimental muster, 
 the company roll shall be called by the orderly sergeant, upon the formation 
 of the company, and all absentees noted by him, and reported to the ,officer 
 in command, and on the muster day next succeeding the muster of each com- 
 pany at which there may have been any delinquencies, the Captain or officer 
 in command of each company, shall hear the excuse of said delinquent, and if 
 in his judgment it shall not be sufficient, then he shall immediately return to 
 the nearest Justice of the Peace, a certified list of the names of all delinquents, 
 which shall be prima facie evidence of the delinquencies stated therein, and 
 it shall be the duty of said Justice of the Peace to issue citation in the name 
 of the State of Texas, directed to any leg»l officer of the county commanding 
 him to summon the person named therein, to be and appear before him on a 
 day stated, not less than three nor more than five days from the date of said 
 citation, and said Justice of the Peace shall proceed to hear and determine the 
 cause shown by said delinquents, if any, why judgment should not be render- 
 ed against him for the penalty as provided for in this act, which cause shall 
 be rendei'ed under oath, and upon the rendition of judgment, it shall be the 
 duty of said Justice of the Peace to issue execution to be levied upon the 
 »goods and chattels of said delinquents for the amount of the fine and cost ad- 
 judged against him, and all personal property belonging to the delinquent 
 shall be subject to levy and sale under said execution, any law to the contrary 
 notwithstanding, provided, that any delinquent may discharge said delinquency 
 by paying to the commissioned officers, such fine as they may assess against 
 him for said delinquency, vvfithin the provisions of this act, and should there 
 be no property of the delinquent out of which to make said fine and costs, 
 
15 
 
 then, and in thcit event he sliall be liable to arrest. anJ to be held in custody 
 not less tlian one, nor more than five days, and all sums of money so collected 
 shall be paid over to the Captain commandin,!^ sucli defaulters, and by him 
 used as a company fund. 
 
 Sec. 17. Eael) person elected an officer in any company, who shall accept 
 the commission, sh;\ll be compelled to serve in the office to which he shall be 
 elected for twelve months, under a penalty of twenty dollars, unless he shall 
 be promoted or removed out of the limits of his command, or become from 
 bodily or mental infirmity, incapable of perfonning tlie duty thereof, or be 
 deprived of his commission by the sentence of a court martial, or unless his 
 resignation shall be accepted by his superior officer. 
 
 Sec. 18. If any beat company shall ne;;lect or refuse to organize by the 
 election of company officers as herein provided, or the person elected shall re- 
 fuse to accept such office, it shall be the duty of the Brigadier General to ap- 
 point and certify for commission, some tit pin-sons in such I)eat to fill such 
 offices, and they shall be compelled to serve in such offices for twelve months, 
 under the penalty of fifty dollars, unless they shall be soomn- pronuited, or 
 from bodily or mental infirmity, become incapable of performing the duties 
 thereof, or remove out of the limits of the command, or unless the company 
 shall sooner elect officers ; and whenever vacancies occur in any company by 
 resignation or otherwise, and such company shall refuse to elect officers for 
 twenty days thereafter, the Colonel or commanding officer shall appoint some 
 suitable person who shall serve as captain under the penalty of fifty dollars, 
 and lie shall commission as often as tb(> appointment shall be refused, and in 
 every case of refusal, the penalty shall be enforced. 
 
 Sec. 19. Every commissioned officer shall, within twenty days after en- 
 tering upon the duties of Iiis office, take and subscribe liefore any officer of 
 the State, qualified to administer oaths by law, the following oath or affirma- 
 tion, to-wit : I, , do solemnly swear or affirm, that I wiil be faithful, and 
 
 tru(^ allegiance bear to the State of Texas, so long as I may be a citizen there- 
 of, and that I will, to the best of my ability, discharge the duties of , and 
 
 that 1 will preserve, protect and defend the Constitution of the State of Texas, 
 and of the Cmifederate States, — so help me God. 
 
 Sec. 20. It shall be the duty of the Colonel to select some fit place fbr 
 regimental or battalion instruction and drill, within his regimental district, 
 and sliall have the power to com))el the State troops composing his regiment 
 or battalion, to assemble on the place so selected by him, at least once in every 
 two months, for instruction and drill, and he shall have the poWer to order 
 encampments of the State troops at anyplace within the limits of his com 
 niand, for at least four consecutivi; daj's in every three months, or oftener if 
 approved by the Brigadier General of the brigaile, and tlie Coloiud of every 
 regiment shall have the power to call out all the connnissioned and non-com- 
 missioned officers of each company of his regiment as often as he may see fit, 
 who shall assemble at such place and at such time as he may designate, and 
 he shall instruct such officers in regimental, battalion or company drill for not 
 less than four hours in each day, when so assembled, and any sucii officer 
 failing to attend at the time and place, wiien notified thereof, ami failing to per- 
 form such duty as may be reciuired of him, shall be court martialed and sub- 
 ject to a fine in a sum of money not less than five nor more than twenty dol- 
 lars, unless good and valid reason be shown for such neglect, or refusal, and 
 any non-connnissioned officer or private who shall refuse or fail to attend at 
 the time and place designated for such regimental or battalion drill, or who 
 shall fail to attend throughout the encami)Mient, and jjcrform the military du- 
 ties reipiirol by the officers in command, unless excused, shall be court mar- 
 tialed, and liable to be fined in the sum of two dollars for <-ach day's non- 
 attendance, unless cxcnsfd by the court, and if the judgmeut of the court 
 martial shall be th.at the delin<iuent or officers failing to perform duty should 
 be fined, the Judge Advocate shall immediately certify such fact and delin- 
 quency to the Justice of the Peace nearest the residence of the delinquent or 
 officer failing to perform duty, aud the Justice of the Peace shall thereupon 
 
16 
 
 proceed as provided in section sixteen of this act, provided, the delinquent or 
 officers failing to perform duty and adjudged subject to be fined, may be dis- 
 charged iipon the paj^ment of such amount as may be assessed by said court 
 martial. All fines collected or paid as herein provided, shall be paid over to 
 the regimental Quartermaster. 
 
 Sec. 21. Every person elected Colonel, Lt. Colonel or Major under the 
 provisions of this act, and having accepted the commission thereof, shall be 
 compelled to serve for twelve months, unless his resignation shall be accepted 
 by liis superior officer, and in case of refusal, shall be court martialed by or- 
 der of the Brigadier General, and liable to be fined in the sum of not less than 
 twenty nor more than one hundred dollars. 
 
 Sec. 22. All elections in the military department which may hereafter be 
 contested, shall be determined in the following manner, viz: If the election 
 of a Brigadier General, the complainant shall make complaint and application 
 to the Governor, who is, upon tlie receipt thereof, required to order a brigade 
 court of inquir}', and when the election of a Colonel, Lt. Colonel or Major of 
 a regiment shall be contested, complaint and application shall, in like manner, 
 be made to the next highest officer in command, who, upon receipt thereof, 
 shall order a separate regimental 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 separate battalion where the contest 
 exists, and the person contesting shall, in all cases, be bound to furnish satis- 
 factory proof to the court that the person whose election is contested, did re- 
 ceive a number of illegal votes, which, if deducted, would give a majority to 
 the person contesting, and if tlie contesting j^erson shall fail to establish his 
 charge, or if the charge shall be sufficiently 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 cer- 
 tificate, 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 Lt. Colonel of the separate battalion, and by him to the 
 Governor, who shall issue commissions in either of the above cases ; and in 
 order to provide more amply for deciding contested elections, it is hereby de- 
 clared, 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 siich court of 
 inquiry, shall direct the proper officer to issue an order or orders for an elec- 
 tion 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, and all courts of inquiry shall be constituted as is pro- 
 vided in this act for court martial. 
 
 Sec. 23. If any commissioned officer shall move out of the bounds of his 
 division, brigade or regiment, separate battalion or company ; or offer himself 
 a candidate for any other military appointment, or shall be absent therefrom 
 otherwise than on military duty, for more than twelvemonths at one time, 
 his office thereby shall become vacated ; and if anv commissioned officer shall 
 think himself injured by his superior officer, and shall, upon due application 
 made to him. be refused redress, he may complain to the Brigadier General, 
 who shall order a brigade court of inquiry, to be held under the rules and regu- 
 lations prescribed by this act ; if any inferior officer or private shall think 
 himself injured by his Captain or any other superior officer in the regiment or 
 separate battalion to which he belongs, he may complain to the commanding 
 officer of the regiment or separate battalion, who shall order a court of inquiry, 
 and sueh court shall determine the complaint agreeably to the nature of the 
 case. 
 
 Sec. 24. When any commissioned officer shall be charged with mal-admin- 
 istration or neglect of duty, it shall be lawful for any commissoned officer to 
 
17 
 
 . exhibit to the Brigadier General of the brigade, a Hvir statement in writing, 
 of the charge or charges and the (acts intended to establish the same, and the 
 Jingadier General is hereby authorized to order a brigade court martial to 
 consist of at least five comnussioned ofticers. who, when assembled, shall take 
 and subscribe the oath prescribed for court martials ; and the court being 
 thus sworn, shall inquire into the nature and trutb of the charge or charges, 
 and if the ofhcer accused shall be found guilty, he shall be liable to pav not 
 less than t(<n nor more than one hundred dollars, or shall be casliiered at the 
 discretion of the^ court, but no sentence of any court martial cashiering any 
 ofhcer, shall be hna , until the same be laid before the Commander-in-Chief, 
 -nd by him .-ipproved, it the ofticcr cashiered shall pray an appe.al from such 
 decision to hini otJ.erwise the same shall be Hnal. Every oiliceV to be tried bv 
 a cour martial .shall have t.-n days notice given him of the time and placo 
 appointed for the trial, and shall be furnished with a copy of the chart^es ex- 
 hibited against him .at least ten days before the sitting of said cour't In 
 every court marti.al, for the trial of an officer not less than two-thirds of the 
 number present shall jigree in the sentence or judgment of said court; other- 
 wise tlie person charged sh.ill be acquitted; and when the members shall be 
 required to give their votes on a question or decision, fliev shall be-in with 
 the youngest in commission ; prorhhd, that no commissioned ofRcer"''shairbo 
 .allowed to resign his commissiou while under arrest. 
 
 Sec 2.3 When the Brigadier Generals shall be ch,irged with malfeasance or 
 neglect of duty in office, it shall be Lawful for any commissioned officer to ex- 
 hibit to the Governor, for the time being, a fair statement of the charge or 
 charges, with the facts intended to establish the same, who is hereby author- 
 ized to or^ler a general court marti.al.to consist of at least nine members, none 
 to be cliosen under the grade of a field officer, who. when convened, shall take 
 and subscribe the same o.ath prescribed for other courts martial; the said 
 courts thus sworn, shall have power to enquire into the nature of th- offence; 
 It found guiliy he may be removed from the same; if fbrneglectof duty, he 
 shall lorteit and p.ay a sum not to exceed one hundred dollars, at the discretion 
 of the court m.artial, to be collected .as in similar cases of fines, or deprived of 
 his commission .at the discretion of the court; and the President of the court 
 martial shall give .at least ten d.ays notice of the time .and pl.ace appointed for 
 trial, and cause such witnesses .as m.ay be required by either partv to be sum- 
 moncd by the Adjut.ant of the regiment in which they reside; and evrry p*>r- 
 son so summoned .and failing to attend, or refusing to be sworn, shall b.'" tried 
 by the court martial, and if he be au officer, m.ay be cashiered, or m.ay be fined 
 at the discretion of the court martial, not exceeding fiftv dollars ; if .a non-com- 
 missioned officer, or priv.at.>, he may be fined not exceeding twenty dollars, and, 
 moreover, be conhoed under giuard. or put in jail until he will give .'videuce. 
 
 ^'•'p- 26. If .any member of a court m.artial shall be challenged bv the ac- 
 cused, he shall state the cause of his objection, which the court shall 'consider 
 and determine; and if any person arraigned before a court-martial shall stand 
 mute, refuse to plead, or answer foreign to the purpose, or if any one sum- 
 moned to make his defence i)efore a court-martial shall neglect or refuse to 
 appear, or to send his defence in writing, sworn to before some one .authorized 
 to administer sucli oath, the court shall proceed to try and .adjudge the case, 
 w li he h.ad pleaded not guilty; but ii> every sucli case the' person .against 
 "k p"r'"^"" "^ "'ay be rendered, or .anyone dissatisfied with such decision, 
 >mili have the right within thirty days after its publicjition, to appeal to the 
 ifhi'cr ordernig the court, accompanying the same with an affid.avit, that he 
 ■fluid not attend the court, nor render his defence in writing to the same, or 
 hat he could not. from some cause, winch shall be stated, make his defence to 
 uch court without neglect or design on his part, and that the appeal is not 
 rierely for del.ay. ' * 
 
 •Slic. 27. V.Avh Judge Advocate, previous to entering on the duties of his 
 ppointment, shall take an oath to support the Constitution of the Confederate 
 ■tatcs, and of the State of Texas, and also that he will well and truly perform 
 B 
 
]8 
 
 the duty of Judge Advocate, accoi'ding to law and the best of his skill and 
 abilities ; which oath shall be in writing, signed by the Judge Advocate, and 
 attested by the officer who administered the same ; the Judge Advocate thus 
 sworn shall administer the following oath to the officers previous to their enter- 
 ing on the duties of any court martial, viz : You, and each of you, do solemnly 
 swear, that you will well and truly enquire into the delinquencies which may 
 appear, on returns which may be laid before you, without favor and affection, 
 partiality or prejudice ; and that you will not disclose or discover the vote or 
 opinion of any particular member of this court, unless required to give evi- 
 dence thereof in a court of justice, so help you God. It shall be the duty of the 
 Judge Advocate to provide a book, in which he shall record the proceedings of 
 the court martial, which are or shall be required by law, and, for his services, 
 be allowed the sum of three dollars per day for attending regimental or bat- 
 talion courts-martial, which it shall be his duty to attend, to be paid out of the 
 fines arising under this act. If from any cause, a Judge Advocate should fail 
 to attend a court-martial, as provided in this act, it shall be the duty of the 
 officers present to appoint a Judge Advocate for the time being; and in case of 
 his death, resignation or removal out of the county, or from his office, the jour- 
 nals and proceedings shall be kept by the Colonel or commanding officer until 
 a Judge Advocate shall be appointed in his stead. He shall make a faithful 
 record of the proceedings of such court, which, after being read over in their 
 hearing, shall be signed by the President and himself, and transmitted to the 
 officer ordering the court, and no such sentence shall be executed until ap- 
 proved by such officer ; if any officer ordering a court-martial shall be pro- 
 moted, resign, die, or vacate his position by removal or by any other way, be- 
 fore the sentence shall have been executed, the proceedings of such court-mar- 
 tial shall be transmitted to his successor in command, who shall have the same 
 power in regard to such proceedings as if he had originally ordered the court. 
 
 Sec. 28. No officer or private, ordered or directed by this act to appear as 
 aforesaid, shall be 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. 
 
 Sec. 29. The Governor shall appoint one Adjutaut and Inspector-General, 
 with the rank of Colonel of cavalrj', with the advice and consent of the Senate, 
 who shall be liable to be removed by the Governor, who shall receive a salary 
 of two thousand dollars, and shall give bond and security for the faithful per- 
 formance of the duties of his office in the sum of five thousand dollars, to be 
 approved by the Governor. He shall keep a Military Bureau in the city of 
 Austin, in which he shall keep a true record of the number and rank of each ; 
 brigade and regiment in the State ; he shall procure a record, annually, of the 
 strength, arms and equipments of the State troops, the names, ranks and dates 
 of commissions of all the Generals and field ofticers : shall record all military 
 orders received by him, and generally all matters which relate to his office or 
 the State troops, and which, in his opinion, may be necessary to enable hiiu 
 to exhibit the true strength, character and condition of the military force of 
 the State ; he shall once a year visit and inspect the arsenals and magazines 
 in the State, and report to the Governor their condition, the number, kind and 
 condition of arms, equipments and public stores in each, the number and de- 
 scription of public arms and equipments distributed to the State troops each 
 year, and the condition and disposition of such distribution ; and all Quarter- 
 masters and other officers having charge of other departments shall, when re- 
 quired, make full reports to him of the ditferent matters committed to their 
 charge. He shall distribute all orders from the Governor to the several corps, 
 and obey all orders from him, furnish blank forms of diii'erent returns that 
 may be required, and explain the principles on which they should be made ; 
 he shall make a return of the State troops, with their arms, ammunition and 
 accoutrements, whenever required by law, to the President of the Confeder- 
 ate States, and shall be charged with all correspondence on military affairs ; 
 he shall also be Quartermaster and Commissary-General, and his duties shalk 
 
19 
 
 be to collect and tako charge of all public property belongiuof to tFie railitafy 
 of this State, or for military uses, which have not been resjularly issued bv 
 the State, and his general duties shall be similar to the duties of the Quarter- 
 master and Commissary-General of the Confederate States. In addition to 
 said duties^ he shall perform the duties of Ordnance officer, and h'e shall have 
 power to "aj)po)nt one Assistant Quartermaster-General, with the rank of 
 Captain, who shall receive a salary of twelve hundred dollars per annum, 
 and by and with the consent of the Governor shall, whenever the business of 
 his office re([uires, employ one or more clerks, at a salary not to exceed seven- 
 ty-five dollars per month. 
 
 Sec, 30. The Governor shall appoint one Aid-do-Camp in each Congres- 
 sional District in this State, with the rank of Colonel. 
 
 Sec. 31. Every commissioned officer shall be furnished with one copy of 
 this Act, at the expense of the State ; and every officer shall, when he goes 
 out of office, deliver to his successor in office all books and forms furnished 
 him by the Stite, or received from his predecessor in office, and also all books 
 and papers, in his possession, belonging to his division, brigade, regiment, bat- 
 talion or company ; and every officer who shall neglect or refuse so to do, shall 
 be fined twentydollars ]ier month for every month ho .shall so neglect or refuse,., 
 after a demand thereof h;is been made by his successor, to be recovered before 
 any Justice of the Peace having jurisdiction thereof. 
 
 Sec. 32. Each regiment shall bo provided with the State and regimental 
 colors by the field officers, and each company with a drum and fife, or two 
 bugles, to be paid for out of any moneys arising from fines, or appropriated in- ■ 
 any manner as a regimental or company fund. 
 
 Sec. 3:1 The Governor shall have power and authority to grant a furlough 
 or exemption from duty to any officer or private of the State troops of this 
 IState for such time a.s to him shall seem reasonable. A Brigadier-Grcneral ' 
 jShall have power to grant a furlough to any officer of his brigade for a time 
 'not exceeding three mouths in any one year. A Colonel shall have power to 
 i^raut a furlough to any otticer of his regiment for a time not exceeding one 
 loionth in any one year; but no furlough shall be granted without good and 
 jiufficient cause. 
 
 i Sec. 34. During any invasion, insurrection or rebellion, whenever in the 
 [jpinion of the Governor the interest of the State demands that the State 
 [troops be called into the field, or whenever the President of the Confederate 
 [States shall call upon the Governor of this State to furnish an additional 
 inlount of soldiers for the prosecution of the present war, the Governor shall 
 ssue his proclamation for any designated number of volunteers to take the 
 5eld; and should the numlier oftering be insufficient to meet the demand, the 
 governor shall, in that event, direct such Brigadier-Generals as he may see fit, 
 order a draft, as is herein i)rovided, to wit: the Captain or commanding 
 jfficer of such companies as are ordered out, shall cause the names of all per- 
 ions enrolled in the muster-roll of such, company (officers excepted) to be 
 vritteu down on small pieces of paper, which shall be folded up and put in a 
 lat, and shaken together, and the clerk or sergeant of said company shall 
 Iraw out of the hat the nauu's of so many persons as will not exceed three- 
 ourth i);irt of said company, and the persons whose names shall be so drawn 
 hall be obliged to marcli according to such orders as shall be given by the 
 jfovernor or officer in command, but no offieer of any company shall be ex- 
 used from marching with the company, unless by permission of the Gover- 
 lor <>r officer in command. 
 
 ' 'Mi. If any pi^rson whose name is drawn as aforesaid and is thereby 
 i\ to march out of his counly, district or Stale, can provid(! an able-bodied 
 man who shall be approved by a majority of the commissioned < fficers of 
 uijiany to which such person belongs, armed ami equipped aciording to 
 every such j>erson shall bn permitted and at liberty to do so, and upon 
 lining such able-bodied man in his stead, he shall be excu.sed from m.'uch 
 i:i }>erson. 
 
20 
 
 Sv.c. 3(3. The State troops when called out by the Governor and placed into 
 actual service, shall have the same pay and rations, and be governed by the same 
 rules and regulations as soldiers of the army of" the Confederate States,- and 
 all offences committed by any officer, non-commissioned officer or private of 
 the State troops, against said rules and regulations, shall be tried and deter- 
 mined by a court-martial, composed of officers of the State troops, but it shall be 
 in the power of the Governor to mitigate, pardon or cancel the finding of any 
 such court-martial. 
 
 Sec. :i7. All volunteer companies of thif? State, organized under an act, ap- 
 proved February 15th, 1858, are hereby incorporated into and shall form a part 
 of, and be attached to the regiment of the State troops within their respective 
 brigade, and shall turn out and perform duty with the same upon all battalion, 
 regimental or bi-igade drills, parades or encampments, and whenever any such 
 volunteer company shall be called into active service by the Governor of the 
 State, or ordered out by the Brigadier General, within the limits of his brigade, 
 to suppress insurrection or repel invasion, such volunteer company shall have 
 the privilege of going out as a whole company ; but should such volunteer 
 company refuse to march as a whole company, it shall forthwith be dissolved 
 by order of the Governor, and when a member of any volunteer company shall 
 refuse to obey the orders of the Urigadii-r General in refusing to perform duty 
 prescribed by this act, such person sh^ll be liable to the fines and forfeitures aa 
 persons of like grade of the State troops, to be collected as is herein provided. 
 
 Sec. '^S. When ajiy volunteer company shall be dissolved, each member 
 thereof shall forthwith enroll himself in the beat company in which he resides, 
 or shall become a member of some other volunteer company ; and every per- 
 son that shall neglect or refuse to do so, shall be enrolled by the sergeant, 
 clerk or enrolling officer of the beat company, who shall perform all military 
 service required o! him under such penalties as are prescribed by this act in, 
 such cases made and provided. 
 
 Sec. 39. All returns required ot State troops shall also be required of all 
 volunteer companies, and every volunteer companj', organized, or which may 
 be hereafter organized, shall report such organization to the Adjutant General, 
 and anj' company of men banding themselves together as a military company,' 
 bearing arms, who shall fail to report themselves to the Adjutant General lor 
 organization as is required by law, witliin two months alter the passage of 
 this act, each officer and member thereof sliall be deemed guilty of a misde- 
 meanor, and liable to indictment and fine, to be recovered in the District Court, 
 in a sum of not less than twenty-five nor more than cue hundred dollars for 
 any such violation, except such troops as are now authorized to be organized 
 by the Confederate Government. 
 
 Skc. 4(1. The Governor shall have the power to cancel the commission of 
 any Brigadier General appointed under the militia act of February, 14th, 
 1860, and such Brigadier Generals as may be retained by the Governor, shall 
 be immediately notified of the same through the office of the Adjutant General. 
 
 Sec. 41. The sj'stem of discipline and exercise which is and shall be or- 
 dered to be observed by the regular army of the Coniederate States, shall be ,, 
 observed by the troops of this State, and the conmianding officers of the sev- 
 eral brigades shall cause the iioops within their respective commands to be 
 disciplined and trained coaformably thereto in all things not otherwise direct- 
 ed by this act ; and in all cases not specially provided for by this act, such , 
 provisions of law as have been or may be made by Congress for the govern- 
 ment and direction of the army of the Confederate States in similar cases, shall 
 be binding upon and be observed and conformed to by the troops of this State, 
 and the Ibrnis and rules of proceedings ol all courts-martial, not provided for 
 in this act, shall be such as are established by the rules and articles of war 
 adopted and used in the military service of the Confederate States. 
 
 Sec. 4:^. In all cases of fines imposed by this act, unprovided for after the 
 court-martial shall have heard the cause and are of the opinion that the party 
 or parties charged are guilty, and subject to a fine as imposed by this act, the 
 presiding officer of the court shall certify the same to the Justice of the Peaca 
 
21 
 
 nearest the party charg^ed^ who shall in all such cases proceed as directexl in 
 the si.xtt^enti\ section of this act. 
 
 Sec. 43. All persons raising or organizing troops in this Statii nndor the 
 autliority of the Confederate? States, shall, before the removal of s;iid troops 
 from tins St.Tte, file in the office of the xVdjntaiit General, a complete, muster roll 
 of said troops. 
 
 Sec. 44. The sum of one thousand dollars, or so much thereof as is neces- 
 sary, is hen>by approjniated ont of .'iny unappropriated funds in the Tn^asury, 
 for the purpose ot jjurchasing forms, bonks, ».tc., neci'ssary to carry this act 
 into etf<:ct, and that an act entitled an act to organize the militia of the Stato 
 of Texas,' approved Fel)ruary 14th, ]8i)l), be and tlie same is h<Meby repealed, 
 and tliat this act take effect and be, in force from and after its passage. 
 
 Approved, December '2.5tli, 18(51. 
 
 CHAPTER XXI. 
 AN^ ACT to protect the wool grotcing interests of Taas. 
 
 SErTION 1. Be it enacted by the Legislxiture of the State of Terns, That it 
 shall be unlawful for any ])crson or persons owning sheep infected with tho 
 disea.se known as the scab, to allow said sheep to run at large, or in ch.irge of 
 a shepherd or other person, beyond the limits of his oi" her own land, or tha 
 land wliich he or slie may occupy under lease. 
 
 Sec. 2. That any person or persons who shall offend against tiie pro- 
 visions of the 1st Section of this Act, shall be liable on conviction in damages 
 to any person who shall suffer injury by disease to his or her property in conse- 
 quence thereof. 
 
 Sec. ;<. That it shall be unlawful for any person or persons to drive 
 gheep infected with the scab, from any other State, or from the Republic of 
 Mexico, into this State, or from one part of the State to another part thereof. 
 
 Sec. 4. That any person or persons who shall offend against tho pro- 
 Visions of the tliird section of this act shall be liable on conviction thereof to 
 a fine of not less than fifty dollars, nor iv.orethan one hundred dollars, and also 
 in damages to any j)erson who shrJl suffer injury to his or her property in con- 
 Bequence thereof, and that the sheep so driven shall be subject to attachment, 
 to secure the fine or damages, as in cases where tho demand is liquidated. 
 
 Sec. 5. All fines collected under the provisions of this act shall be 
 paid into the ('ounty Tr casury and be used for county pur))oses. 
 
 Sec. G. That this act take effect and be in force from and after its pas- 
 sage. 
 
 Approved December "^Sth, 1861. 
 
 CHAPTER XXll. 
 
 AN ACT to authorize the Governor to appoint Commissioners of Deeds, Sfc,,in 
 
 the Choctatc, Chirkasatr, Cherokee and Creek Nations of Indians on the northern 
 
 border of Texas. 
 
 Section 1. Be it enacted by the Legislature of the. State of Texas, That tho 
 Governor of the State of Texas is hereby authorized to ai)point a snitablo 
 number of discreet persons in the Chocfaw, Chicka.saw, Cherokee and Creek 
 Nations of Indians, not to exceed four in each Nation, Commissioners of 
 Deeds, Ac. and said Commissioners shall have power and authority to tako 
 acknowledgments of all deeds, transfers or conveyances of all kinds of pro- 
 perty situated in this State ; also, to take the acknowledgment of married 
 Women as required by the laws of this State, and to take depositions under 
 eommissions issued under the laws of this State. 
 
 Sec. *2. That the official .acts of any Commissioner appointed under 
 this act. and certified under the hand and Pea! of said Commissioner, which 
 OCrtifieate shall be anrrexed to such instrument in ju'oof of the official acts of 
 ■uch officers, shall have the same effect, and shall be as valid as if such acts had 
 been done in this State as now require i by law. 
 
22 
 
 Sec. 3. Every Commissioner appointed by virtue of this act shall have 
 full power and authority to administer an oath or afBrniation to any person who 
 shall be willing or desirous to make such oath or affirmation before him, and 
 such affidavit or affirmation made before such Commissioner shall be as valid 
 and effectual to all intents and purposes, as if taken by any officer in this State 
 competent to take the same. 
 
 Sec. 4. Every Commissioner appointed under this act, before he shall 
 proceed to perform any official act under and by virtue of this act, shall take 
 <-tand subscribe an oath or affirmation before sonie clerk of the court of record 
 Lie the States of Texas or Arkansas, well and faithfully to execute and perform 
 ;. ail, the duties of such Commissioner, under and by virtue of this act and the 
 ; laws of this State. Which oath or atTirmatiou, certified to by the clerk, under 
 his hand and seal of office, shall be filed in the office of Secretary of this State. 
 
 Sec. 5. Every Commissioner under this act, shall provide for liimself' 
 a seal with a star of five points in the centre, and the words " Commis- 
 sioner of the State of Texas " engraved thereon, which seal shall be used to 
 certify all the official acts of such Commissioner, and without the impress of 
 said seal upon any instrument, or to certify any act of such Commissioner, said 
 act shall have no validity in this State. 
 
 Sec. 6. This act shall take effect, and be in force, from and after its 
 passage. 
 
 Approved December 31st, 1861. 
 
 CHAPTER XXIII. 
 
 AN ACT to authorize the Supreme Court of the State to hold its sestiions durini 
 
 the present war, at some other place thav the city of Galreston. 
 
 Section 1. Be it enacted hy the Legislature of the State of Texas, That dj 
 ring the existence of the present war, the sessions of the Supreme Court 
 the State, for the Galveston District, may be held at such other safe and con- 
 venient place within said district, as the Judges thereof may select and desig* 
 nate. 
 
 Sec. 2. That it shall be the duty of the Chief Justice or presiding J udf,fe 
 •of said court to publish a notice, in at least two newspapers of general circu- 
 lation within said district, for three consecutive weeks, designating the place 
 selected for holding the session of said court. 
 
 Sec. 3. That the Judges of said coiu-t are hereby authorized to have the 
 Kecords and Library appertaining to the Supreme Court of said Galveston 
 district, removed from the City of Galveston to su(;h place as may be s61ected 
 by them for holding the session of said court. 
 
 Sec. 4. That this act shall take effect and be in force from and after its 
 passage. 
 
 Approved, December 31st, 1861. 
 
 CHAPTER XXIV. 
 
 AN ACT to amend the \st and Mth sections of An Act to authorize the sale of 
 
 the Public Domain, approved February Mth, 1858. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 first section of the above recited act shall hereafter read as follows : That the 
 Commissioner of the General Land Office is authorized to issue land scrip in 
 certificates of not less than one hundred and sixty acres (except in the cases 
 herein provided,) which certificates may be sold at tlie jtrice of fifty-five cents 
 per acre, shall issue in the name of the purchaser, and may be located upon 
 .any vacant unappropriated public domain, not being set apart, held in reser- 
 vation, or the location of which is prohibited by law. 
 
 Sec. 2. That the 11th section of said act shall hereafter read as follows: 
 That the proceeds from the lauds sold under the provisions of the first section 
 of this act shall be added to the State revenue; provided that all Treasury 
 
23 
 
 Warrants that have been or may hereafter be issued, shall 1 c receivable in 
 payni(>nt lor certificates issued under the provisions of this act until otherwise 
 provided. 
 
 Sec. ;{. That this act shall tak( etfect and be in force from and after its 
 passage. 
 
 ApprOAcd, January 1st. 1862. 
 
 CHAPTER XXV. 
 
 .'I A^^ ACT to anioid the 1 l(V/t section nf An Act, entitled " An Act to regulate pro 
 crfrfin/j-.-} in the County Court pertaining to the Estates of Deceased Persons,^' 
 pagned March '20M, 1H48. 
 
 Section 1. Be it enacted by the Leiiislature of the State of Texas. That 
 from after the j)assage of this act, tlie UOtli section of the above recited act 
 shall read as follows : 
 
 Any ])ersoii caj)able of niakinj,' a will, may so provide by his or her will, 
 that no otlier action shall be had in the co'inty court in relation to the settle- 
 ment of liis or her estate, than tlio probainj^ and re(!:istration of his or her 
 will, and the return of an inventory of the estate ; and in all sticli cases, any 
 person liavin<j a debt or claim against said estate, mny enforce the payment of 
 the same, by suit against the executor of sai'l will ; and, when judgment 
 is recovered against such executor, (he execution ^hall run against the estate 
 of such testator in the hands of such executor ; provided that no such exec- 
 utor shall be required to ])lead to any suit brought against him for money, 
 until the expiration of twelve mouths from the date of the probate of such will. 
 But in cnses wliore no bond and security has been required of such executor, 
 at the time of llie probate of such will, any jicrson having a debt against said 
 estate, or any person having an interest therein, whether in person or as repre- 
 sentative of another, may by complaint in writing, filed in the court where 
 such will was ]irobated, cause such executor to be cited to apjiear before such 
 court, at some regular term, and on makinc it appear to the satisfaction of 
 said court, that siu'h executor is wasting said estate, and that thereby said 
 ■creditor will probably lose his debt, or such other person his or her interest 
 in the estate, he may liave an order of said court ordering sucii executor, to 
 give bond with two or more good and sufficient sureties, for an amount equal 
 to double the full value of such estate, to be approved by, and payable to the 
 Chief Justice of the county ; conditioned, that said executor will well and 
 truly administer such estate, and l!1iat he will nat waste or mismanage the 
 same ; which bond may be recovered upon as other bonds given by executors 
 and administrators ; and should such executor fail to give such bond, within 
 ten days after the order requiring him so to do, then it shall be the duty of 
 •such Chief Justice to remove him from the administration of such estate, and 
 appoint some competent person in liis stead, whose duty it shall be to admin- 
 ister said estate according to the terms of such will ; and who, before he en- 
 ters upon the administration of said estate, shall be required to give bond 
 with two or more good and sufficient sureties, in double the amount of the 
 value of said estate ; conditioned, payable, and recoverable upon as the bond 
 rociuircd of such executor. 
 
 Apj)roved, January 1st, 186'3. 
 
 CUAPTKR XXVI. 
 
 " AJV JICT authorizing: the Count}/ Courts of the several counties in this 
 State to Irvi/ and collect a special tar for war purposes on all property sub- 
 ject to taxation by the State." 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 the County Courts of the several counties in this Stato, shall have power to levy 
 And cause the assessment and collection of a special, direct ad valorem t&\ on 
 .all property subject to taxation by the State, of not exceeding twenty-five ccnU 
 
24 
 
 on each one hundred dollars in value of properly, which tax shall be called a 
 war tax and the same shall )x assessed and collected by the Assessors and Collect- 
 ors of the various counties in the same manner and at the same time as is now 
 or may hereafter be provided by law for the assessment and collection of the 
 State Tax. 
 
 Sec. 2. That the tax collected under the provisions of this act, shall be 
 appropriated and disbursed by the several County Courts, or under their au- 
 thority, to the payment of liabilities which have been or may hereafter be in- 
 curred by the County Courts, or by their authority, for the support and 
 maintenance of the war now existing- between the Confederate States of America 
 and the United States ; for matters strictly appertaining to the military and 
 naval defence of this State and of the Confederate States ; for the support of 
 destitute families of persons who are now or may hereafter be regularly enlisted 
 in the army or navy in the service of this State or of the Confedertite States, 
 subject to the discretion of the County Courts ; and in the discretion of the County 
 Courts for the re-imbursement to the several County Treasuries, of any money 
 which such County Courts may have appropriated, drawn, and expended from the 
 County Treasurer for the support of the objects indicated in this act, and which 
 money belonged to any general or special fund of said county. 
 
 Sec. 3. The levy of the tax herein provided for shall be made Vjy the 
 County Courts at some one of the regular terms therepf, and in like manner a.s 
 is or may be provided by law for the levy of county taxes ; and within ten days 
 after the levy of such tax by any County Court, it shall be the duty of such 
 Court to report to the Comptroller of Public Accounts, by certiticate, under the 
 seal of the county, the rate of taxation so levied by such Court, and ou the re- 
 ceipt of such report by the Comptroller, it shall Ij.' his diity to notify the Asses- 
 sor and Collector of each county iu the Slate, of the rate of taxation so levied 
 by each of the several counties so reported to him, and the County Courts of 
 each county shall keep a regulur account of the receipts and di.sbursements un- 
 der the provisions of this act, with proper vouchers for the disbursements, and 
 shall report the same semi-anaually to the Comptroller of Public Accounts, duly 
 certitied under the seal of the county. 
 
 Sko. 4. Within twenty days after the levy of a tax by any County Court 
 under the provisions of this act, it shall li'' the duty of the Assessor and Collector 
 of taxes, of sueli county, to give a l)ond payable to the Chief Justice of the 
 county and his successors in office, in a sum not le.ss than double the probable 
 amount of the tax to be assessed in the county under this act, for one year, 
 with at least three good and sufficient securities, to be approved by the County 
 Courts; which bond shall be deposited and recorded in the County Clerk's office 
 of thi; county, said bond shall be deemed *to extend to the faithful performrfucc 
 of the duties of his office as Assessor and Collector, in assessing, collecting and 
 properly paying over the tax levied by the County Court for the year, and shall 
 not become void upon the first recovery, but suit may be maintained thereon 
 until the whole amount thereof be rccovei'cd ; and should any Assessor and Col- 
 lector fail ov refuse to give ))ond within the time as herein required, or should he 
 fail to give new bond and additional securities when required by the County 
 Court, as nuiy be done by such Court when deemed to be advisable, such Asses- 
 sor and Collector shall be suspended and dismissed from office by the County 
 Court of his county. The As.sessors and Collectors of taxes shall be allowed, as 
 compensation for their services iu assessing and collecting the tax provided for by 
 this act, one-half the rate percent, of commissions allowed by law to such Asses- 
 sors and Collectors, for assessing and collecting the State tax, and each As.sessor 
 aud Collector shall immediately pay to the Treasurer of his county all money 
 collected by him under the provTsious of this act, in the .«ame kind of funds 
 as received by him or iu specie. And that the County Trea.surer of each 
 county levying a tax. under the provisions of this act, shall, annually, execute a 
 bond payable to the Chief Justice of such county, and his successors in office, in a 
 sum not less than double the amount of the tax' assessed under this act, with at 
 least three good and sufficient sureties to be approved by the County Court, 
 which bond shall be deemed to extend to the faithful performance of his duties , 
 
25 
 
 as Treasurer, in receiving? aivl disbursing all moneys that may l>o placed in his 
 hands under the provisions of this act. 
 
 Sec. 5. It sli ill be th.' duty of tho Governor to use all proper mean8 to 
 coll"ct from the Cuiifedenite States the amount of tax coUecteil and disbursed 
 under and in accorJauce with the provisions of this act, except so much thereof 
 as m^ay be dishnrs d for the suppm-t of destitute families as provided in the second 
 section, and 3II amounts of nio.iey which may be collected of the (\wifederate 
 Statjs under t!ie |)rovisio,is of tins act shall be paid over to the counties by 
 which it was orig.nally collected, and if not sumcient to pay such counties in 
 full, then the amou.its received from the Goiifederate States shall be paid over 
 to said comities /)/-« rata a\)oi\ the amounts collected and disbursed by thera 
 severally as aforesaid. 
 
 Sr.c t). Th sact. sh ill 1)2 in force from and after its passa^^e. 
 
 Approved January 1st, 18()2. ° 
 
 CHAPTER XXVII. 
 
 AN ACT to reiiihc the. Financitl Ao;ent of the State Ptnitnitiary to settle hin 
 
 accounts quarlrr/y icifh the Slate Comptroller. 
 
 Skction J. B;. it enttrtct hy the Lralsliiturc of the State of Teras, That here- 
 after, it shill be til" dnt.f of tlu Finincial Ajjmit ot tlie State Penitentiary to 
 submit his accounts, quarterly to the Slate Comptroller, for adjustment and 
 audit; the quarters to end on the last days of November, February, May and 
 Auo-nst. 
 
 Sec. S. Tiie said returns shall embrace a full e^iibit of all the financial 
 operations of the Penitentiary, slunvinjr iu dnail, the receipts from all sour- 
 ces, settiujr forth the source from wlience derived, and the disbursements and 
 on what account made, and shall follow the instructions of the Comptroller, in 
 adopting such a system of accounts, as he may direct. 
 
 Skc. i5. No money shall be drawn on reiiuisitiou from tho State Treasurv, 
 on account^ of tlio support of tho P-mitentiary, or for the transportation of 
 convicts tli.'n-to, until a.l such sums as may have been previously drawn, shall 
 nave b>'cii accounted for. 
 
 Sec. 4. That such portion of the first section of an act passed February 
 
 th, 18)2, entitled "An Act supplementary to an Act to establish a State 
 
 mitentiary," as conflicts with this act be, and is hereby repealed. 
 
 Sue. r>. i'his act shall take effect from its passage. 
 
 Approved January 2d, !«(>•«>. 
 
 CHAPTER XXVIII. 
 AN ACT proriiflngfor the transjer of all suits and matters in the lata District 
 Courts of the IJniieA Slates of America in this State on ami precious to the sec- 
 ond day of Mtrch A. D., lrf.il, which are not cognizable in the Courts of the 
 Confederate r,i ites of Aniericj, under the provisions of the permanent Constitti- 
 tioti of said Confeterale States, to the appropriate Courts of this State, and 
 providui'^ for thejinal determinati<m or disposition of the same. 
 Section 1. B^ it enacted by the Lrgishiture of the State of Texas, That 
 all the paji'^rs .and proceedings of the latijDistrict Courts of the United States. 
 of America in Tex.i-;, app 'rtaining to sui'is in said courts in which judgments 
 or decree? had be.n rendi red prior to the second day of March A. D.. 18(51, 
 which judgments or decrees had not been fully executed or satisfied jirior to 
 " said date, in suits that are not cognizable in tho courts of the Confederate Stales 
 of America under the permanent Uonntitiition of said Confederate States, shall 
 be tran.sferreJ, and are hereby ordorcd to be delivered over to the District 
 Curt of the State of Texas in ilio county in which such United States Courts. 
 wrrc, under the laws of said Uii.led States, prior to the aforesaid date, held; 
 tli.it 13 to say : Tlio.se of the United States Court at Austin to the District 
 Court of Travis County— Those of the United States Court at Tyler to the 
 District Court of Smith Couiitv— Those of the United States Court at Gal- 
 
 IGth 
 Pen 
 
 S 
 
A'eston to the District Court of Galveston County — Those of the United 
 Stales Court at Brownsville to the District Court of Cameron County. Such 
 papers aniJ proceedings in each suit shall be accompanied in their transfer by 
 complete transcripts of all the proceedings, orders, judgments, and decrees of 
 said United States Court in such suit, certified by the Clerk of the Court of 
 the Confederate States having the custody of the records and papers of said 
 United States Courts, under the feeal of such Court of the Confederate States. 
 And said transcripts, papers and proceedings, when so transferred and filed in 
 said District Courts of this State, shall thereafter form and remain a part of 
 the records, papers and proceedings of said District Courts, and may be cer- 
 tified therefrom in the same manner and with the same force and eflfect as 
 though the same had originated in said Courts, and were original records, 
 papers and proceedings thereof. And after such transfers are made in each 
 case, all proper orders shall be made and proceedings had by and process 
 issued from such District Courts of this Slate as may be necessary or proper 
 to perfect the rights of the parties in such suits. 
 
 Sec. 2. That all suits which were pending in the said United States Courts 
 in Texas on the second day of March A. D., 1861, that are not cognizable in 
 the courts of the Confederate States of America under the permanent Constitu- 
 tion of said Confederate States, shall be transferred to the proper District 
 Courts of this State, which courts shall have full and complete jurisdiction of 
 the same, and proceed to trial and judgment therein according to law, in the 
 same manner as though such suits had originally been commenced in such 
 District Court. Each suit in its transfer shall be accompanied by a transcript 
 of all the orders and prtlfceedings made or had in said United States Courts 
 previous to said second day of March A. D., 1861, in such suit, certified by 
 the Clerk of the Court of the Confederate States having the custody of the 
 records and papers of said United States Courts, under the seal of such Court 
 of the Confederate States ; wljicli transcripts shall be respected by and have 
 the same force and effect in said District Coiarts of this State as if the pro • 
 ceedings therein recited had been had by or in such District Court. The ' 
 courts to which such transfers shall be made, shall be as follows, to-wit : 
 
 1st. To any District Court to which both parties, plaintiff and defendant, 
 or their attorneys of record in the cause in the United States Court, shall 
 agree in writing to transfer the same, such writing to be filed with and form 
 a part of the record of the cause. 
 
 2d. If no agreement is made, then the transfer shall be made to such Dis- 
 trict Court as would have been entitled to jurisdiction of the suit had it been 
 originally commenced in the courts of this State ; provided, That if theVe be 
 two or more defendants residing in different counties, or if there be other 
 cause which would give jurisdiction to the courts of more than one of said 
 counties, the plaintiff or his attorney shall have the right to select the county 
 to which he will make the transfer ; provided furthar, That in the last named 
 case notice shall be given to the defendants or their attorney of record of the 
 county to which such transfer is made. 
 
 Sec. 3. That all writs of error or appeals in causes which may have been 
 pending in the Supreme Court of the United States from any of the United 
 States Courts ill Texas, or which may have been taken from said courts in 
 Texas previous to the second day of March, A. D., 1861, and were then unde- 
 termined, have ceased to have any force or effect whatever, and no decision 
 made thereon, after said date, by said Supreme Court in any such cause, shall 
 be of any effect or force, or in any manner affect rights of persons or property 
 in this Slate ; but the plaintiffs in error or appellants, as the case may be, in 
 all such causes as are not cognizable in the courts of the Confederate States 
 under the provisions of the permanent Constitution of the Confederate States, 
 shall have the right to procure a transcript of the record in such cause from 
 the Court of the Confederate States having the custody of the records of said 
 United States Courts, or from said Supreme Court of the United States, or as 
 may be agreed upon by both parties or their counsel, and file the same in the 
 proper branch of the Supreirie Court of this State, which court shall have full 
 
power ami j»ris(li(."ti<'>n, ami shall tliereupoii proccocl to hear and dctorinino the 
 same, and .shall certify their mandate to the District Court of the county into 
 which the original cause and the procoedino^.s therein niiffht have been trans- 
 fered under the provisions ol' this act liad no final judgment been rendered 
 therein previous to tin! said second day of March, A. 1)., 18(>1 ; and such Dis- 
 trict Court shall therenjion proceed upon sncli mandate the same as though 
 such cause had originated in said Court. And in cvervcasc so removed from 
 Gaid United States Courts in Texas to said 8\ipremo Court of tlic United 
 States, and which may be remo^■cd to the Siqirenie Court of this State, as 
 herein provided, the Supreme Court of this State shall proceed to hear and 
 determine such cause in like manner as tlie saicf Suin-cme Court of the United 
 States, acting under the laws of said United States, would have done had 
 such cause remained in and been determined by said Supreme Court of the 
 United States. In every case which may have been finally determined in said 
 United States Courts in Texas within five years previous to the taking efl'cct 
 of this act, and which was not removed from said courts l>y ajijical or writ of 
 error undiT the laws of the United States to the Supreme Court of the United 
 States, where the amount of valr.e in controversy in the cause was sufficient 
 to give said Supreme Court jurisdiction thereof on error or appeal, the parties 
 to such cause who may be aggrieved by the decision tlicrein may at any time 
 within two years after the taking elfect of this act, remove the same by writ 
 of error from the District Court to which it may be transferod under the 
 provisions of the second sectinu of this act, to the Supreme Court of this 
 State for revision and determination ; such writ of error to be sued out and 
 removal made under the provisions of the laws of this State regulating like 
 proceedings in causes originating in the courts of this State', and the cause 
 to be acted iipou and determined by said Supreme Court under the like rules 
 and regulations as in this section is provided in relation to causes removed 
 from said United States Courts in Texas to the Supreme Court of the United 
 States prior to said second day of March, A. D.,l)^(il, and which may be taken 
 to the Supreme Court of this State as herein ])rovided. 
 
 Sec. 4. All costs properly taxable undcir the laws of the United States in 
 any cause which may be transfered from any of the United States Courts to 
 any court of this State under the provisions of this act, and which may have 
 accrued prior to the taking etlfect of this act, shall be taxed in such causes 
 in t he courts of this State to which they may be transferred, and may be en- 
 forced and collected for the benefit of the parties entitled to the same, in like 
 manner as costs accruing in causes originating in tlie courts of this State. 
 
 Skc. 5. Tills act shall take effect and be in force from the 22d day of Feb- 
 ruary, 1862. 
 
 Ajtproved .January 'M, 18fi2. 
 
 CILVPTER XXIX. 
 
 AN ACT to (hfinr the boundarirs of Live Oak County. 
 
 SkctioN 1. Be it enacted by the l.rgislatitre of the tUate if Texas. That the 
 
 -lunty of lA\e Oak shall hereafter be bounded as follows, to wit: Begmning 
 
 at the West corner of San Patricio county, on the Nueces river, thence 
 
 with the lines of San Patricio, liee, .Karnes and Atascosa counties, to the 
 
 Nortli-east corner of La Salle county, thence due South with the line of 
 
 La Salle county, to the Nueces river, and thence down said river with its 
 
 meanders to the place of beginning. 
 
 Sec. 2. That this act shall take effect and be in force from and after its pas- 
 sage. 
 
 Approved, .January .1, 18(12. 
 
 CHAPTER XXX. 
 -l.V ACT to define, the Imundarics and provide for the organiznlion of McMtUIrn 
 County. 
 Section 1. Ite it enarird hy the Legislature of the State of Terns. That here- 
 
28 
 
 ai'ter McMullen county shall be bounded as follows, to wit : Beginning at the 
 North-east corner of a survey in the name of Viceuta Lopez Herrera, gener- 
 ally known as the ^O'Farrall tract, on the right margin of the Nueces river, 
 thence due West to the intersection of the East boundary of Encinal coiinty, 
 thence North with the said line to the Nueces river, and thence down said 
 river, with tlie meanders thereof, to the place of beginning. 
 
 Sec. 2. That the following named persons be and they are hereby appoint- 
 ed commissioners to organize said county of McMullen, and to locate the 
 county seat thereof, to wit : E. E. Curtis, Putnam IShipp, Thomas A. Dvvyer, 
 C. C. Cox and John W. Pope. The commissioners aforesaid, or any three or 
 more of them shall, within thtee months ai'ter the passage of this act, lay off 
 the said county of ilcMuUen into suitable election precincts, in accordance 
 with law, and shall, virithin the said three months, order an election for county 
 ofiicers, to wit: a Chief Justice, four County Commissioners, a County and 
 District Clerk, a Sheritf, a Coroner, a County Surveyor, Assessor and Col- 
 lector, two Justices of the Peace and a Constable in each election precinct; 
 which election shall be advertised at three or more public places, in said coun- 
 ty, stating the time and places, which places shall be in the ditfereut precincts 
 laid off by the Commissioners, as herein before provided, and in accordance 
 with an act to provide for organizing new counties, approved March 80, 1848 ; 
 and any one of the Commissioners aforesaid shall qualify the person elected 
 to the office of Chief Justice of said countj^ who, when qualified, shall qualify 
 the other officers elected for said county. 
 
 Sec. 3. It shall be the duty of said Commissioners to proceed as early as 
 practicable after laying off election precincts, to locate the county seat 
 of said couuty-j by selecting at least three eligible sites, having due respect to 
 any donation of land that may be made for that purpose, as well as con- 
 venience for wood and water ; and when so selected, the Commissioners 
 aforesaid shall order an election, which shall be conducted in all respects as 
 elections for county officers, and if at the first election aeither of the locali- 
 ties so selected shall receive a majority of all the votes cast, the place re- 
 ceiving the smallest number .shall be thrown out, and the Commissioners shall 
 order another election as before, at which election the place receiving a 
 majority of all the votes cast shall be declared to be the county seat of Mo^ 
 Mullen county, and shall be named " Svdney." 
 
 Sec. 4. That all free white male citizens over the age of twenty-one yearsi^ 
 who have resided twelve months within the State, and sixty days within said 
 county prior to said election, shall bo entitled to vote for the location of the 
 county seat. 
 
 Sec. 5. That in case the site Avhich shall be declared to be the county seal 
 of said county shall be vacant and unappropriated domain, then the State'' 
 hereby donates to tlie county of McMullen ail her right and title to three hun- 
 dred and twenty acres of the same ; and the Commissioner of the General 
 Land Office is hereby authorized to issue a patent in the name of the said 
 county for the said three hundred and twenty acres, upon a return of the plat 
 and field notes of the same,duly certified, to the General Land Office. And the 
 county court of said county shall have power to purchase, if necessary, land 
 not to exceed three hundred and twenty acres, for the use of said county, 
 should the site selected as abo^•e provided prove to be appropriated land ; and 
 the said county coiirt shall lay oft' the site so selected into suitable lots, and 
 after selecting and setting apart such lots as may be necessary for a court- 
 house, jail, churches, school-houses and burial grounds, they shall proceed to 
 sell the remainder, or such portions thereof as they may deem necessary, at 
 public auction, at such time and upon such terms as will most conduce to the 
 interests of the county ; and shall apply the proceeds thereof to the erection 
 of necessary public buildings tor the use of said county. 
 
 Sec. 6. That the district courts in and for said county .shall be held at a 
 building known as the Cassa Blanca Church, situated on the Penitas Creek, 
 until a suitable building shall be eret-li-d for that purpose at the county seat of 
 said county. 
 
29 
 
 Sec. 7. That the conntj of McMullcn with its boTimlaries, as dofincd hy 
 this act, be and tlie same sire liercby attached to tho 7Gtli Kepreseiitative Dis- 
 trict, composed of the comities of Nueces, Webb, Eiicinal and Duval, until 
 another apportionmeut shall be made. 
 
 Sec. 8. That all laws or parts of laws conflicting with the provisions of 
 this act be and the same are hereby repealed, and this act take eftect and be in 
 force from and after its passage. 
 
 Approved January [id, 1862. 
 
 CHAPTER XXXI. 
 
 AN ACT, appropriating; money to defray all cjpenscs mrr.tsnry to secure and 
 
 tranttport clothiiifj and other contributions to Texas i^otunleers, and employ an 
 
 agent therefor. 
 
 Section 1. Be it enacted by the Lenislaturc of the State of Texas, That the 
 Governor be required to employ some suitable jiorson or persons to secure 
 and transjjort all clothing, or other contributions to Texas volunteers, now or 
 hereafter detained on the route of their destination, and deliver the same to 
 the proper command. 
 
 Slc. 2. That the sum of five thousand dollars, or so much thereof as may 
 be necessary, be and is hereby appropriated out of any specie now in the 
 Treasury, belonging to the School Fund, to carry into eti'ect the jirovisions 
 of this act ; provided, the amount used shall be returned to the School 
 Fund by the Treasurer, from the lirst money paid into the Treasury belonging 
 to the general revenue of the St^te ; and tliat this act be in force from and 
 after passage. 
 
 Approved, January 6th, J8()2. 
 
 CHAPTER XXX 11. 
 
 AN ACT to provide for auditing and settling all claitns af^ainst the State on ac- 
 count of I otunteer Companies called out hy the Gove) nor or Committee of Safety, 
 and for the defence of t/ic State, and prondiiig payment for the officers and men 
 thereof . 
 
 Section 1. Be it enacted by the Legislature of thr State of Texas, That 
 the Comjitroller of Public Accounts be and he is hereby authorized and re- 
 quired to audit and settle the claims of the officers and privates of all volun- 
 teer ccunjianies ordered out by the (iovernor or Committee ot Safety, acting 
 by authority of the People's Convention, for and 'during the term of service 
 actually rendered the State according to tlie rules and regulations of the Con- 
 fedeiate States for the go^ernment of the army thereol, upon the return of 
 the muster-roll of each company to the Comptroller, duly authenticated ; and 
 also to audit and allow all claims and accounts brought asainsl the State by any 
 individual for (Quartermaster or Commissary supplies, for munitions of war, for 
 the construction ot fortifications and all defences, and moneys advanced for the 
 same ; and for moneys or supplies advanced for and us-ed by any of said troops; 
 provided all such claims and accounts are authenticated and approved by the 
 Acting Quartermaster or Commissary of the regiment, battalion or company ; 
 and in every case where any supplies or articles necessary to the efficiency ol 
 the command shall have been j)urcliased by any Colonel or Lieutenant Colon*-! 
 of a rtgiinent, or Captain of a company, and not certified to by the Acting 
 Quartermaster or Commissary, said Colonel or Lieut. Colonel or Captain shall 
 certify under oath, that the charges are just, and that sucl. articles were pur- 
 chased at the price mentiimed, and were used for the benefit of such command, 
 provided such articles are eonsistcTit witii the usage and regulations of the 
 «rmy with reference to the nature of the service. 
 
 Sec. 2. In all cases juovided for under tho first section of this act, the 
 ConiptroHer shall draw his warrant upon the Treasurer in favor of any party 
 whose claim or account slial! have been so audited or allowed, provided in all 
 
so 
 
 cases the Coiuptroller shall have the power to examine the accounts, and allow 
 only such as are fnll,y antheuticated by proper vouchers, and to reduce ex- 
 travagant charges to a reasonable amount; provided that this act shall not be 
 so construed as to Mow the payment of expenses at the camps of instruction, or 
 any troops not called into actual service. 
 
 Sec. S. That the Comptroller shall keep a separate i-egister of all claims 
 presented under this act, and properly chargeable to the Government of the 
 Confederate States, and arrange the vouchers and accounts as directed by the 
 laws of said Government for presentation thereto. 
 
 Sec. 4. Be it further enacted, That the sum of three hundred thousand 
 dollars, or so much thereof as maj^ be necessary, be and is hereby appropri 
 ated out of any money in the Treasury, not otherwise appropriated, to carry 
 out the provisions ot this act. 
 
 Sec. 5. That this act take effect and be in force from and after its pas- 
 
 .'Vpproved January 4th, 1862. 
 
 CHAPTER XXXIII. 
 
 AN .16' 7" to mnLe an appropriation for the payment of Commissioners sent by tHe 
 Convention to the Choctaws, Cherokees and other friendly tribes of Indians, and 
 to Arizona and New Mexico. 
 
 Section ] . Be it enacted by the Legislature of the State of Texas, That the 
 sum of two thousand dollars, or as much thereof as may be necessary, be and, 
 is hei-eby appropriated to pay James E. Harrison, James Bonrland, Charles 
 C. Hamilton, P. T. Herbert and Simeon Hart, Commissioners sent by the 
 Convention to the Choctaw, Cherokee, Creek, Chickasaw and Seminole 
 Indians, and to Arizona and New Mexico. 
 
 Sec. 2. Be it further enacted, That the Commissioners above mentioned 
 shall be entitled to receive five dollars per day, for every day they ma^' have 
 been employed in the performance of their duty, and all extraordinary expen- 
 ses they may have incurred ; and that the Comptroller of the State shall 
 draw his warrants in favor of said persons, on the Treasurer, and the Treasurer- 
 shall pay the same. 
 
 Sec. 15. This act take eiYect and be in force from and after its passage. 
 
 Approved January 8th, 1862. 
 
 CHAPTER XXXIV. 
 
 AN ACT to nvthorizc the County Courts to make entry of unconditional hfod- 
 
 rights tehich have been passed upon by the Courts, and the clerk thereof naving 
 failed to enter the same, upon such proofs as the laws required for their original 
 
 issuance. 
 
 Section 1. Be it enacted by the Legislature of the State uf Texas, That from 
 and after the passage of this act, it shall be lawful for the County Courts, in 
 all cases where the said courts have heretofore passed upon, and issued un- 
 conditional headrights, and by the neglect of their clerk, or for other cause 
 the same have not been entered and reported to the General Land Office, shall 
 now, have such proofs as under the then existing law would have entitled the 
 applicant to his certificate, and report the same, if genuine, to the Land Office 
 for patent, })rovided the party applying has had no lands, \>y private relief or 
 otherwise, from the State equivalent to the claim he may present, and that 
 all applications shall be made to the County Courts from which the original 
 certificate issued. 
 
 Sec. 2. That this law take effect from and after its passage. 
 
 Approved January 8th, 1862. 
 
31 
 
 CHAPTER XXXV. 
 
 AjV act to create a HospUat Fund to he expended for the bcnefl of the sick and 
 
 wounded soldiers of the State of Tezas, in the Confederate army. 
 
 Section 1. Be it enacted by the Legislature of the Slate of Texas, Tliat tbe 
 sum of one hundred and tifty thousand dollars, or so much thereof as may 
 be necessary, he aJid the same is here))y appropriated as a Hospilal Fund, 
 which sum may be drawn from the Treasury upon the warrant of the Comp- 
 troller countersigned by the Covornor. 
 
 Sf.c. 2. The Governor may at his discretion appoint some suitable per- 
 son or persons as agent or agents, for the distribution and application of this 
 fund in such manner as will best promote the Object of this act; s-udi a<i-ent 
 or agents when appointed, before entering upon the duties of his or tlieir 
 agency, shall be required to execute a bond, with two or more good and suffi- 
 cient securities, payable to the i^tate of 'I'exas, to be approved by the Gov- 
 ernor, in such amount as the Governor may prescribe, conditioned that he or 
 they will well and faithfully apply and expend all money which may come 
 into his or their hands, for the benefit of the sick and wounded soldii-rs of the 
 State of Texas, in the Confederate Army ; which said bond the Governor 
 shall file with the Comptroller. 
 
 Sec. 3. There shall not be placed in the hands of said agent or agents, 
 at any time, a greater sum than the amount of the penalty in the bond exe- 
 cuted by him or them, and approved by the (lovernor. 
 
 Sec. 4. The agents ap])ointed as atVircsaid may receive a reasonal)le com- 
 pensation for their services, out of the fund herein appropriated, which shall 
 be fixed by the Governor, not to exceed fifty dollars per month, with all 
 necessary and reasonable expenses ; and they shall at all times be subject to 
 the direction and supervision of the Governor in the discharge of their duties ; 
 provided, That the Governor is hereby authorized to .appoint any suitable per- 
 son who may offer his services, with no farther charge uiton the fund hereby 
 appropriated than his necessary expenses. 
 
 Sec. r>. That the agents appointed under the provisions of this act, shall 
 keep a regular account of the money received and expended by them for the 
 sick and wounded, and make monthly reports of the same, under oath, to 
 the Comptroller of the State, setting forth the name of the person relieved, 
 bis place of residence when at home, and the company to which he belongs; 
 said reports when approved by the Governor and Conij)troller, shall be filed 
 in the CompU'oUer's Oflfice, and stand to the ci'odit of such person entitled 
 thereto. 
 
 Sec. (). The Governor m.ay donate such amount as may in his ojiinion be 
 just and ])roper, out of the appropriation provided for in this act. to State or 
 private hospitals that have heretofore received and treated Texas soldiers. 
 
 Skc. 7. The Governor sh.all have power to dismiss such agent or agents at 
 his option, audit shall be his duty to do so whenever in his opinion their ser- 
 vices are no longer necessary, or whenever he shall be satisfactorilj- informed 
 that such agent or agents have been guilty of mistVasance or malfeasance in 
 the discharge of their duties. 
 
 Sec. !-i. Th.it this .act take effect and be in force from and after its passage. 
 
 Approved January Htli, Jf^fiy. 
 
 chapter' XXXVJ. 
 
 .^.V .1('7' t<f retrulutt the Fees for Strimniinii Cattle ut Ferries. 
 
 Section ]. Be it enacted by the I^^h/alnrc of (he State of Texas, That 
 the (.'ounty Courts shall not authorize a ciiarge of more than one cent per 
 head on cattle or horse.", swimming rivers at licensed ferries, including the 
 use of pens and l)oats necessary for the control of such stock. 
 
 Sec. 2. That all law.s, anil parts of laws, go far as they contlirt with the 
 provision.-) of this act, are hereby repealed. 
 
32 
 
 Sec. 3. That this act shall take effect and be in force from and after it« 
 passage. 
 
 Approved, January 9t\x, 1862. 
 
 CHAPTER XXXVII. 
 
 AN ACT supplementcl to and amendatory of An Act entitled "An Act to 
 
 provide for tne transportation of clothes and other contributions to the Texas 
 
 Volunteers in the Confederate Army, passed January 4th, \862. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 
 before making any appointment under the provisions of the act recited in the 
 
 caption, of wiiich this is supplemental and amendatorj', it shall be the duty 
 
 of the Governor to require a bond of the party so appointed, with good and 
 
 sufficient surety, in a sum at least double the amount of the funds entrusted to 
 
 such agent, payable to the State of Texas, conditioned that such agent shall 
 
 well and taithtully discharge and perform all the duties of his agency. 
 
 Sec. 2. Said agent shall keep a record of all moneys received by him, by 
 virtue of his appointment, shall keep a correct register ot all goods and 
 packages by him forwarded, and all moneys paid out by him, to whom said 
 moneys were paid, or for what purpose paid, as well as make a correct return 
 of all" moneys not esptmded, all of which shall be supported by proper vouch- 
 ers whenever practicable. 
 
 Sec. 3. Each agent shall be allowed, for his services while actually en- 
 gaged in the duties of his agency, the sum of fifty dollars per month, together 
 with his traveling expenses. 
 
 Sec. 4. That this act take effect and be in force from and after its pas- 
 sage. 
 
 Approved, January 9th, 1862. 
 
 CHAPTER XXXVIII. 
 
 AJ^~ ACT to create the County of Kendall. 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 all of territory comprised wiihin the following limits shall be created into 
 a new county to be called Kendall. Beginning at the South-east corner of 
 Gillespie county, thence West to a point on the South line of said county, 
 from which a line running due South will cross the Guadalupe liver one mile 
 above the public square of the town of Comfort, for the North-west corner of 
 Kendall county ; thence South about twenty-five and a half miles t6 the 
 North-east boundary line of Bandera county ; thence with said boundary line 
 to the head of Balcone's creek, wliere the West boundary line of survey No. 
 408, in the name of A. Gayton crosses the same ; thence down with the mean- 
 ders c.f Balcone's creek to its muuth; thence in a direct course, with the 
 North-west boundary line of Comal county to the mouth of Curry's creek, be- 
 ing about fourteen miles, 45° East; thence with the next course of the North- 
 west line of Comal county, five miles; tlience in a direct course about twenty 
 miles North, 27^^ West, to the place of beginning. 
 
 Skc. 2. That Adam Vogt be, and is Uereby appointed a Commissioner to 
 organize said new county of Kendall, and it is hereby made his duty to do 
 the same by ordering an election for county officers, according to the general 
 laws regulating elections; said election to be held on a day by him to be 
 named, and due notice of the .same to be given in accordance with the laws 
 regulating elections ; the said election to be held at a point, or points within 
 the limits of said county, to be by the said Vogt named and duly published in 
 said county ; and when the returns of said election shall have b>3en made to 
 the said Vogt, he shall issue certificates of election to the persons elected, and 
 shall admiuister the oath of office to them in due form ; provided that in case 
 of the failure to act of said Vogt, it shall be the duty of the Chief Justice of 
 Blanco county to perform the duties herein required of him. 
 
3;{ 
 
 Sec. 4. Tliat so soou as tlm said county of Kendall has bo.ui oro-anized as 
 aforesaid, and tho officers of the same qualified accordin<? to law— tliey shall 
 enter upon the diMcharfre of thcnr respective offiees, and all courts in and for 
 said county shall be held ut Boerne, until the county seat of said county shall 
 be jicrnianently located as hereinafter ])rovidcd. 
 
 Sec. 4. That it shall be the duty of the eountv court of Kendall county to .sel- 
 ect two or more sites nearest the centre of said new coiuitv haviiiix respect for any 
 donations o( land that may be made for tliat purjiosc, as well as convenience 
 of water, and wlieu so selected the Chief Justice of said county shall order an' 
 «lection. to fix said county seat, which shall be conducted according- to the 
 p:eneral laws respectinp,- elections for county officers ; and if at the ft^rst elec- 
 tion neither of the sites so selected, shall receive a majority of all the votes 
 cast, then the Chief Justice shall order another election' to be held for the two 
 site."? receiving: ♦^''p hi£::hest number of votes, ;ind the site receiving- a mnjoiity 
 of all the votes cast at any such election, shall be declared the*c.ouuty seat 
 and the County Court shall desipcnate the name of the same. J ■ ' » 
 
 Sec. ."i. The County Court of Kendall county mav purchase, if necessary 
 or receive by donation, lands not exceeding- three hundred and twenty acre.s 
 for the use of the county, and lay otl" the site so selected into suitable lots' and 
 after selectiiifi: and settiufr apart such suitable lots as m;iy be necessary" for a 
 Court-hon.sc, jail, clerks' otlices, school-hous(>s, and burvin<; s-munds. they 
 •shall ]>roceed to sell the remainder or such portiiui thereof as" tl'iey mav deem 
 ■necessary, at public auction, at such time and upon such terms as wi'n most 
 conduce to the interests of the county. And shall apply the proceeds thereof 
 to the erf etion of necessary i>ublic building-s for the use of the county. 
 
 Sec. 6. 'iliat the Commissioner above' named sluUl he entitled to three 
 '^^Ufxrs ppr flinn for every day that he is necessarily employed or detained in 
 linfT .said elections and organizing: said eountv of Kendall. 
 ■'■C. 7. That this act take effect from and after its j.ass.-io-,' 
 
 Approved January Kith. 18()2. 
 
 I CHAPTER XXXIX. 
 
 -lA" ACT tocliange the houndary lines of Blanco and Kerr cuiuUies. 
 SECTION 1. Be it enacted bj/ the Le{rislatnrc of the State of Texas, That 
 .the boundary lines of Hlanco cmiiitv, shall herpafter be as folhnvs • 
 
 Beo^irinin.o: nt the South-east corlier of GiUespie county, thence South 2/0 
 East to IheWest line of Comal county; thence foUowiii;; the West line of 
 :Comal county to the South line of Hays county: thence in a direct course 
 ■across tlic 1 (■rdinalles to the South-west corner of Travis county : thence fol- 
 lowing th(; \\est hiioof Travis to the South East corner of iJiIrnett county 
 thence with the South boundary line of Burnett county to the South-east cor- 
 ner ot Llano county; thence with the South boundar'y line of Llano county 
 to the A ortlM;ast corner ot (iillespic county ; thence with the East boundary 
 Inieot (iillespie county, to the place of beg-inniufr. 
 
 ' i-.r. 2. That the boundary lines of Kerr county shall hereafter be as fol- 
 
 Beginning at a point on the South line of (Jillespie eountv from which a 
 line run niuf,- due South will cross the Guadalupe river one"inilo above the 
 public square of the town of Comfort: thence South to the North boundary 
 line ot Baud<>ra county; thence with the North boundary line of Bandera 
 county, in a direct line to the South-west corner of Surv.^y No, Hs, in the 
 name of T. E. Bettner ; thence, in the .same course four mil.-s ;' thence West 
 to the North c.uiier of Survey No. I.",?, in the name of J. R. Bonles on th.- 
 toeadot A\allac<- Creek; thence due West to the North-west corner of Ban- 
 dera county ; thence North twenty-six miles to tlie Soutli boundary line of 
 Kimble county ; thence East about twenty-nine miles to the South-east cor- 
 ner of Kimble county : thence with the West line of Gillespie county to its 
 feonth-west corner : thence K.isf with the South line of Cillespi.- county to 
 the place of bcpinning. 
 
 C 
 
34 
 
 Sec. 3. That all laws and parts of laws, conflicting with the provisions of 
 this act, be, and the same are hereby repealed, and that this act take eJBfect 
 
 from and after its passage 
 Approved January 10th, 1862 
 
 CHAPTER XL. 
 
 AN ACT to repeal " ^n Act authorizing unpaid Warrants to hear interest, ap- 
 proved February lAtk, 1860," and otherwise to regidate the issuance of Treasury 
 Warrants. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 " an act authorizing unpaid warrants to bear interest," approved February 
 14th, 1860, is hereby repealed, but without prejudice to the vested rights of 
 owners of such warrants, which shall be as available as if said act were not 
 repealed. 
 
 Sec. 2. The Comptroller on presentation of any warrant, bearing in- 
 terest, as well as on presentation of any other legal claim, for which an ap- 
 propriation shall have been made, shall draw on the Treasury as heretofore 
 prescribed by law, and payment shall be made thereon, if there be money 
 therefor in the Treasury ; but, if not, the Comptroller shall issue one or more 
 warrants for the amount, that may be due, payable to the party entitled to 
 payment or bearer ; and said wan-ants shall be of such proportions of the 
 claim as may be expressly required by the holder, provided not more than one 
 tenth of the whole amount may be issued in warrants for one dollar each, and 
 the balance in warrants for five dollars or more each ; and said warrants shall 
 be endorsed by the Treasurer ; and every interest warrant, thus superseded, 
 shall be canceled by the Comptroller. 
 
 Skc. 3. The warrants, issued in pursuance of this act, on presentation at 
 the Treasury, shall be paid out of any money therein not otherwise appropri-- 
 ated, and when paid shall be canceled, and shall not be re-issued. 
 Sec. 4. This act shall be in force from its passage. 
 Approved, January 10th, 1862. 
 
 CHAPTER XLI. 
 
 AN ACT to provide for the sale and settlement of the vacant and unappropriated'] 
 alternate sections of Land in Fisher and Miller's Colony. 
 
 Section 1. Be it enacted by the Legislature of the State of Texasy That 
 all heads of families who are settled upon, or who may hereafter settle upon 
 any of the vacant and unappropriated alternate sections of land within the 
 limits of Fisher and Miller's colony, that are now reserved by the colony con- 
 tract for the use and benefit of the Stat^, shall have the privilege of purchas- 
 ing one hundred and sixty, three hundred and twenty, or six hundred and forty ; 
 acres of land in preference to all other claims, at fifty cents per acre, as here- 
 inafter provided. 
 
 Sec. 2. The land to be secured under the provisions of this act, shall be ■ 
 taken as the section was originally surveyed, or one-half of the section divided 
 by a division line running through the centre of the section, or one hundred' 
 and sixty acres to be surveyed in a square, and to be taken out of one corner 
 of the section. 
 
 Sec. 3. Any one desirous to obtain the benefits of this act, shall within 
 six months after the passage of thi.s act, or within three mouths after his or her 
 settlement, file witli tlie District Surveyor, his or her affidavit, and that of two 
 credible witnesses, made before any officer authorized to administer oaths, 
 in the Laud District in which the land is situated, that he or she is bona fide- 
 settled, and making improvements upon vacant public domain, the sale ofjr 
 which is contemplated in the first section of this act, and that he or she has! 
 not previously taken or filed a claim under this act, and shall at the same time" 
 file with said surveyor, a designation of the land sought to be secured; and: 
 
35 
 
 said settler sball within twelve mouths, have said land surveyed, and his or 
 lier field notes returned to the General Land Office, and shall lie required to 
 pay taxes on the same from the date of his or her settlement, and the uioney 
 paid to the Commissioner of the General Land Office \vithin three years from 
 the date of his or her file, or the preference herein provided sliall cease, and no 
 claim under this act shall be transferable or assignable until the rit^hts to the 
 land shall be perfected. 
 
 Sec. 4. When all the provisions of this act shall have been con)plied witli, 
 the Commissioner of the General Land Offict> shall issue to the jierson entitled 
 to receive the same, a patent for the laud which he or she shall have secured 
 under the provisions of this act. 
 
 Sec. 5. This act shall take effect and be in force from and after its passage. 
 
 Ap])rovcd, January 10th, 1862. 
 
 CHAPTER XLIL 
 
 AN ACT supplemental to An Act suspending all lairs for the collection of debtif 
 and liabilities on bonds, promLssory notes, bills of exchange, and contracts for the 
 payment of money, until the Ist day of January, 18fi4, or until sir months after 
 the close of the present tear, should it terminate before the date named, or untit 
 othertcise provided by law, approved 1th December, 18GL 
 
 Section \. Beit enacted by the Legislature of the State of Texas, That the 
 first section of the above recited act, shall not be so construed, as to except 
 debts due from citizens of this State, to alien enemies, which may be se(}ues- 
 tered to the Confederate States, uuder the act of sequestration of the Congress 
 of the Confederate States. 
 
 Sec. 2. That this act shall take effect and be in fore*, from and after its 
 passage. 
 
 Approved, Januajy 10th, 1862. 
 
 CHAPTER XLIII. 
 
 AN ACT to amend the frst section of An Act, entitled. An Act to authorize the 
 withdrawal from the General Land Office tf deeds issued on paper of the Second 
 Seal, of February \lth, 1^50. 
 
 j Section 1. Be it enacted by the. Legislature of the State of Texas, That the 
 Ifirst section of the above recited act is hereby amended, so that the same shall 
 hereaft*;r read as follows, viz: "'J'he owners of deeds issued on paper of the 
 lecond or third seal, and other evidences of title to land in this State, which 
 where granted, issued, or made jnior to the second day of March, A. 1). 18.'JG> 
 and which have been filed or deposited in the General Laud Office, and are not 
 jrigiual documents in, or archives of said office, uuder the provisions of cx- 
 .stiug laws, are hereby authorized to withdraw such deeds and other evidences 
 )f title from said office, on leaving a receipt therefor, naming the original gran- 
 ice of the land, and thi^ quantity thereof, together with its location, to which 
 
 uch deed or other evidence of title relates, and the date of such paper. And 
 
 his act shall bo in force from and after its passage. 
 Approved, January 1 1th, 18G"J. 
 
 CHAl'TEK XLIA^ 
 
 1^ ACT for the relief of pre-emption -vcttlers, and to extend the time for the re- 
 turn of field notes, and to extend the time for the payment of all dues by settlers, 
 under' the acts authorizing the sale of the public domain. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That all 
 Htlers inider the various pn'-emptlon laws, shall liave until January, li^OI, to 
 Jturu their field notes, and |)av tiie dues thereon. 
 
 Sec. 2. That all those wlio have settled under the acts to .-nthorizc the 
 
sale of tlic public domaiu, aud all persons who may settle under said laws, 
 ■within twelve months from the passage of this act, shall have four years from 
 the date of the passage of this act to pay the amount prescribed by said laws. 
 
 SEd. 3. That this act take effect, and be in force from and after its passage. 
 
 Ap])roved, January lUh, 1862. 
 
 OlIArTER XL-V. 
 AN JiCr supplcmrntal to .In Act, to amend the Act siipplementdl to an Act to reg- 
 ulate Estrays, approved April (^th, 1831, ^ 
 Section 1. Be it enacted hii the Legislature of the State of Texas, That the 
 several counties of the Slate shall be numbered as follows, to-wit : Cameron, 
 No 1- Hidalgo 2; Starr 3 ; Zapata 4 ; Eucinal 5; Duval 6 ; Nueces?; San 
 Patricio 8; Live Oak 9; McMullen 10; Atascosa 11; Frio 12; Medina 13; 
 Bexar 14; Wilson 15: Karnes 16; Goliad 17; Bee 18; Refugio 19; Calhoun 
 20; Victoria 21; Jackson 22; Matagorda 23; Wharton 24; Colorado 25; L^ 
 vaca 26 ; DeWitt 27 ; Gonzales 28 ; Guadalupe 29 ; Comal 30 ; Blanco 31 
 Gillespie 32; Llano 33; Burnet 34; Travis 35; Hays 36; Caldwell 37; Bas 
 'trop 38; Fayette 39 ; Harris 40; Galveston 41: Brazoria 42; Fort Bend 43; 
 Austin 44; Washiiio-ton 45; Grimes 46; Brazos 47; Robertson 48; Leon 49; 
 Limestone 50; Freestone 51 ; Navarro 52; Ellis 53; Dallas 54; Collin 55; 
 Grayson 56; Cook 57; Denton 58.; Tarrant 59; Johnson 60; HiU 61 ; McLcn. 
 nan 62; Falls 63; Milam 64; Burleson 65; Bell 66; Gorryell 67 ; Bosque 68 
 Erath 69; Parker 70 ; Wise 71 ; Montague 72; Clay 73 ; Jack 74; Palo Pintc 
 75; Comanche 76; Hamilton 77; Lampasas 78; San Saba 79; Brown «0; 
 Eastland 81; Stephens 82; Young 33; Archer 84 ; Mason 85; Kerr 86; Ban 
 dera87; Uvalde 88; Zavala89; Dimmit 90; La Salle 91 ; Webb 92; Fannn: 
 93; Hunt 94; Kaufman 95; Henderson 96; Anderson 97 ; Houstou 98 ; Mad 
 ison 99; Walker 100; Montgomery 101; Chambers 102; Liberty 103; Poll 
 104; Trinitv 105; Angelina 106; Cherokee 1G7 ; Smith 108; Wood lf.9; Hop 
 kins 110; Lamar 111; Red River 112; Titus 113; Upshur 114 ; Rusk 115 
 Nacogdoches 116; San Aug'istine 117; Tyler 118; Hardin 119; Jefferson 120 
 Orano-e 121; Newton 122; Jasper 123; Sabine 124; Shelby 125; Panola 12b 
 Harrison 127; Marion 128; Davis 129; Bowie 130; Maverick 131; Kinue; 
 132: Dawson 133; Edwards 134 ; Kimball 135; Menard 136 ; McCulloCj 
 137; Concho 138; Coleman 139; Runnels 140; Call.-.han HI; Taylor 1421 
 Shackelford 143; Jones 144; Throckmorton 145; Haskill 146; Knox 1471 
 Baylor 148; Wichita 149; Wilbarger 150 ; Hardeman 151 ; Greer 152; Pres 
 dio'l53; ElPaso 154; Van Zaudt'l55. 
 
 Sec. 2. The number of the county shall be a brand, to be called the count 
 brand— Avhich every citizen may make and use, or not, as he pleases, on his c 
 her stock, after making application to the County Clerk— and having his nam 
 entered in a book, to be kept by such clerk for that purpose, for which he sha 
 pay said clerk one dime. • i c a 
 
 Sec. 3. Any person using the county brand shall brand all animals, ot tt 
 horse kind, on the neck, and all cattle kind, also on the neck ; this brand is ii 
 dependent of, and not intended to interfere with the private brand of such persoi 
 Sec. 4. The County Clerks of the several counties of tbis State, upon tl 
 reception of the affidavit appraisement, description, and bond required to be r 
 turned to them, when an animal is posted and estrayed, shall note the coum 
 brand if any, and all other brands on it, with a correct description of such ai 
 mal also; and send the said description, including private brand, to the Couni 
 Clerk of the county claiming the corrnty brand, and when the last named cle;, 
 receives the letter above mentioned, he .shall file the same in his office, as a f 
 per belonging to the Estray Department; and if he know^s the person claimii 
 the private brand, he shall give him notice of the letter in his office, and shs 
 immediately answer the letter, and notify the first clerk of the date ot its rece 
 tion, and no animal shall be sold, as a stray, unless an answer has been receiv 
 from the clerk of the county claiming the brand, 'stating his inability to aw?^ 
 
tail! the owiuM'ship ot" the aiiini:il. Tin- dorks shall writf ovit ibiMr oftii-ial sig 
 natures, aud stun p tlii> county seal upon cai-Li l(>tt<'r writtou in the prncoss of 
 Estiayiue^, aud shall rt'ccive tifly t'cuts lur each kitrr thus written ; the clerk 
 writintj the first letter shall receive, cue dollar from the person strayinj;- the ani- 
 mal, hair of it for hiui-cU" aud half to be remitted to the clerk addrespi-d, all 
 cost to ]><-■ paid out of tho sAle money of the animal sold, or by the owner when 
 he lu'ovi's his property. 
 
 SlX". 5. Tiie taker up of any estray animal, and the appraisers railed in to 
 describe and appraise the same, under the law shall, in addition to the oath now 
 required ef them, under the Estray Laws of this State, make oath that they 
 carefully examined such animal, on the neck, for a county brand,' and if any 
 such be" found, due n^tunr make of the same under oath, in their appraisement 
 and description of the animal, as provided by laws heretofore enacted. 
 " Skc. 0. This act take effect, and bo in force from and after its passage. 
 
 Approved, .January 11th. }P[V>. 
 
 CHAFJ'ER XLVI. 
 
 AX ACT for the relief of cirtain Railroad Companies of (he Stole of Texns. 
 
 Skction 1. Be it enacted by the Legislature of the State of Tcxus, That 
 the payment of all interest, aiul the two i)cr cent. Sinking Fund, due and to 
 hecome due on the bonds issued by the. several Kallroad comi)anies of the 
 State of Texas, for loans from the special School Fund, be and the same is 
 hereby extended until the 1st day of January, 1864, or until si.\ month.s after 
 the termination ot the )n-esent war between tlie Confederate States and the 
 United States of America, should it terminate before the time above-named. 
 
 Sec. 2. That this act shall in no wise impair the prior lieu which the 
 State now holds upon any Kailroad for the payment of tiie loans and interest 
 now due or to become due by such roads to the State. 
 
 Sec, '^. That this act take effect and bo in force from and after its pa.ssagc. 
 
 Approvc<l, .January 11, 1862. 
 
 CHAPTER XLVII. 
 AN ACT to prescribe what kinds of funds may be received for crrtfiin public 
 
 dues. 
 
 Section 1. Be it enacted by the Legislature of thf Stale of Terns, That all 
 specific taxes for the objects of paying interest and principal of loaus shall be 
 collected in specie currency. 
 
 Sec. 2. Treasury warrants, not bearing interest, (in addition to the pro- 
 vision heretofore made for their reception in payment for lands, including 
 certificates therefor,) shall be receivable as money in the paynu'Ut of office 
 fees, including fees for patents and land dues, payable in tlu>. General Land 
 Oflfice, taxes, and all other dues to be collected for the State, or in its name, 
 except specific taxes for the objects of paying interest and ])rincipal of loans, 
 and except dues of Sinking Fund and interest on School Funds loaned to 
 railroad companies. 
 
 Skc. 3. Treasury notes aud coupons, issued by the Confederate States of 
 -Vriierica, shall be receivable as money for indebtediiess to ilie State; for lands 
 under the pre-emption laws, and the laws authorizing sale of the University 
 lands, and the laws providing for sale of the public domain, in general, in- 
 cluding certificates therefor; for ofiiii- fees, including fees for patents and 
 land du(-s, payable in the (ienerai Laird Office, taxes, ami all other dues to bo 
 wllected for the St.-vte, or in its name, cxeei)t sjiecific taxes for the objects of 
 paying ijitercst and principal of loans, and except diies of Sinking l''und,and 
 Utorest on School Funds loaned to railroad companies; and sliall be re- 
 Seivahle for taxes to be collected for the ordinary revenues of counties, with 
 >ut aftecting their special taxes. 
 
 Sec. 4. This act shall be in force from au>l after its passage. 
 
 Approved January llfh. IHp-J. 
 
38 
 
 CHAPTER XLVIII. 
 AX ACT concerning the disposal of certain funds therein described. 
 
 Section 1 Be it enacted hij the Lesislature of the State of Texas, That the 
 Treasurer anil every other officer of fhe State, and every officer of counties, 
 who according to law, shall have received, as public money. Treasury waiTants 
 of this State or Treasury notes of the Confederate States of America, or its 
 coupons shall disburse or transfer the same, as money, at par, according to 
 the laws providing for disbursmcnt or transfer of money, m the respective 
 cases if the person or persons entitled to have a disbursement or transfer ■will 
 receive such warrants, notes and coupons, as money : and officers who may be 
 Authorized to receive public money, are authorized and directed to receive 
 such warrants, notes, and coupons, as money, except when expressly prohibit- 
 od bv some other law ; and any officer, in making such disbursement or trans- 
 fer may adjust the balance by receiving a fractional part of the amount of any 
 such warrant, note, or coupon, in any of such funds or specie currency, in 
 whole or part, to be held and applied as that for which it was received, ex- 
 cept that Treasury warrants of the State, received by the Treasurer thereof, 
 shall not bo re-issued. Every public receiver of such warrants, notes and 
 coupons, on reception thereof, in each case, shall give a receipt, officially sub- 
 scribed, specifving the kind and amount respectively, of the funds received ; 
 and shall keep'a corresponding account showing the several kinds and amounts 
 received, and from whom ; and shall be accountable in kind, with the qualih- 
 cation aforesaid, for whatever he may have thus received, or, in default thereof, 
 for the same amount of specie currency. Any such receiver, in failing U> 
 comply witli any of the toregoing requisitions, shall be guilty of a misde- 
 meanor ; and, on conviction thereof, he shall be punished by fine not exceed- 
 ing one thousa'id dollars, or by imprisonment not exceeding one month, or by 
 boUi fine and imprisonment, as aforesaid, and be removed from office by judg- 
 ment of the court trying the case. 
 
 Sec. 2. This act shall be in force from its passage. 
 
 Approved January 11th, 1862. 
 
 CHAPTER XLIX. 
 AN ACT to amend article 721 of the Code of Criminal Procedure. 
 
 Sf.CTION ]. Be it enacted hy the Legislature of the State of Texas, That; 
 article 721 of the Code of Criminal Procedure be so amended as hereafter to 
 read as follows, to wit: 
 
 When the defendant appeals in any case of felony, he shall be committed 
 to jail until the decision of the Supreme Court can be made; and if the jail 
 of the county is unsafe, or there be no jail, the Judge of the District Court 
 may, either in term time or in vacation, order the prisoner to be committed to 
 the jail of the nearest county in his district which is safe ; and such appeal 
 may be prosecuted immediately to the term of the Supreme Court, pending at the 
 time the same is taken, or to the first terra thereafter, without regard to the law- 
 governing appeals in other cases; the transcripts of records of such appeals 
 may be tiled in the Supreme Court for trial before the adjournment of the 
 term of the District Court at which the case is determined, should the defend- 
 ant so desire. 
 
 Sec. 2. That this act take effect and be in force from and after its pas- 
 sage. 
 
 Approved Januaiy 11th, 1862. 
 
 / 
 CHAPTER L. 
 AJV ACT supplementary to an act to create a Hospital Fund, to he expended for 
 
 the benefit oj the sick and loounded soldiers of the State of Texas in the Confed- 
 erate army. 
 
 Section 1 . Be it enacted by the Legislature of the State of Texas, That any 
 
39 
 
 part of the, appropriation mailo by the above, recited act, to which this is a 
 supplement, may, by the direction of the (iovernor. be drawn from the 
 Treasury, by warrants of the Comptroller of the denomination of one dollar 
 or more, as the Governor shall direct, any law to the contrary notwithstanding. 
 
 Sec. 2. That fifteen thousand dollars in specie of the special School Fund, 
 in the Treasury, is hereby appropriated to be used as a part of the i'und ap- 
 propriated by the said act, to which this is a supjilement; and the funds so drawn 
 from said special School Fund shall be re-iinbursed to said Fund by the 
 Treasurer, out of the first specie that shall come into the Treasury not other- 
 wise appropriated ; provided, that no part of the one-tenth of the annual 
 revenue of the State, derivable from taxation set apart by the Constit>ition for 
 school pur]Hises, shall be apjiropriated under this act; and provided further, 
 that should any of the countit-s ajiply for their distributive share of the School 
 Fund it shall lie the duty of the Comptroller to draw his warrant or warrants 
 on the Treasurer for the amount due such county from the fund appropriated 
 by this act. 
 
 Skc. 3. That this act shall take effect and be in force from and after its pas- 
 sage. 
 
 Approved January 13th, 1862. 
 
 CHAPTER LI. 
 
 AN ACT to define and punish Sedition, and to prevent the dantrcrs irhirh may 
 
 arise from persons disaffceted to the State. 
 
 Section 1. Be ii enaetcd by the Legislature of the State of Texas, That if 
 any person within this State shall maliciously and advisedly discourage the 
 people from enlisting into the service of this State or Confederate States, or 
 dispose the people to favor the enemy, every such person shall be deemed 
 guilty of a high misdemeanor, and on conviction thereof, shall bo jmnished by 
 imprisonment in (he P(>nitentiary for a term not less than three nor more than 
 five years, at the discretion of the jury. 
 
 Approved January 13th, 1862. 
 
 Cn AFTER LII. 
 
 AN ACT to authorize the Confederate States of Ameriea to become a party to 
 
 any suit now pending in any of the Courts of this State, in the place and stead 
 
 of parties to such suits trho arc alien enemies. 
 
 SectiCX 1. Be it enacted by the Legislature of the State of Texas, That the 
 Confederate States of America may be made a part}' to any suit now pending 
 in any of the Courts of the State, in the place and stead of parties to such 
 suits who are alien enemies, upon motion made in writing by any 
 attorney representing said parties, or who may be authorized to represent the 
 Confederate States ; provided, that the suits now under the control of resident 
 attorneys shall not be taken from their control without full payment of their 
 fees. 
 
 Sec. 2. That no such suit now pending shall abate by reason of .such alienage, 
 but the same sliall proceed to trial and judgment, in the name of the Confed- 
 erate States of America ; provided, that nothing herein contained shall be so 
 construed as to repeal or affect an act passed at this session of the Legislature 
 entitled, "An Act suspending all laws for the collection of debts, and liabililies 
 on bonds, promisory notes, bills of "Exchange and contracts for th(^ payment of 
 money, until the first day of January, A. 1). 1864, or until six months after the 
 close of the present war, should it terminate before the date named, or until 
 otherwise provided by law." 
 
 Skc. 3. That this act shall take effect and be in force from and after its pas- 
 sage. 
 
 Approved January 11th, 18t32 
 
40 
 
 CHAPTER Llli. 
 
 AN ACT prohibiting otrnrrs or employers of slaves from placing them in charge 
 of farms or stock rattrhes, detached or rertuved from the home or place of resi- 
 dence of the oicner or cwploycr.^ 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That Irom' 
 aud after tbe passage of this act it shall not be lawiiil for any owner or employ- 
 er , to place any slave in charge of any farm or stock ranche, detached or re- 
 moved from the residence or home of such owner or employer. 
 
 Sec. 2. That every farmer or stock raiser is hereby required to keep a free 
 white person upon and in charge of any farm or stock ranche, where he may 
 have slaves not immediately under his own control, and connected with his or 
 her home or residence. 
 
 Skc. 3. That any person violating the provisions of this act, shall be subject 
 to a tine not less than tifty nor more than one hundred dollars, for each and 
 every violation. 
 
 Sec. 4. That the District Judges are required to give this act in charge to 
 tbe Grand Juries; and it shall take effect and be in force forty days after its 
 passage. 
 
 Approved January 11th, 1862. 
 
 CHAPTEE LIV. 
 AN ACT to authorize and regulate funding in loan bonds. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That any 
 audited indebtedness of the State shall be receivable in payment for its loan 
 bonds. 
 
 Sec. 2. Any indebtedness of the State for any special fuud, which has been 
 or may be used by the State, under any law, shall be substituted, as far as 
 practicable, by loan bonds of the State, which sliall enure to the benefit of the 
 interest entitled to such fund, until it shall be reimbursed, and the bonds be 
 thereby re-purchased, when they shall be subject to re-sale, as if they had not 
 been so used ; and such adjustments shall be ma^e by the Governor, Comptrol- 
 ler, and Treasurer, acting by a majority. 
 
 Sec. 3. This act shall be in force from its passage. 
 
 Approved January 13th, 1862. 
 
 CHAPTEE LV. 
 
 AN ACT to suspend the Statute of Limitations on bills, bonds, promissory notes, 
 
 and all contracts for the payment of money, until the \st day of January, 1864, 
 
 or until six months after the close of the present war. 
 
 Sf-ction 1. Be it enacted by the Legislature of the State of Texas, That the 
 Statute of Limitations be and the same are hereby suspended, until the 1st day 
 of January, 1864, or until six months after the close of the present war, so far 
 as they refer to debts and claims due on bills, bonds, promissory notes, and all 
 contracts for the payme^it of money. 
 
 Sec. 2. That this act take effect and be in force from and after its passage. 
 
 Approved January 13th, 1862. 
 
 CHAPTER LVI. 
 
 AJSTACT to provide a7-ms and ammunition and for the manvfacture of arms 
 and ordnance for the military defence of the State. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 live; hundred thousand dollars of the bonds authorized to be issued by, "An Act 
 authorizing a loan and imposing a specific tax, to meet the principal and interest 
 thereof, under the provisions of the 33d section of the 7th article of the Constitu- 
 tion of the State," approved April 8th 1861, is hereby appropriated for the pur- 
 
41 
 
 pose of procuring arms and ammunition and for the manufacture of arras and 
 ordnance for the military defence of the State. 
 
 Sec. 'l. The Governor, Comptroller, and Treasurer, are hereliy created a 
 Military Board, any two of whom may act. for the purpo?<' of disposinj of said 
 bonds iiL any maauer thoy may seo proper in order to accomplish the olijocts men- 
 tioned in tlie precedinj^ section. Said l>oaril may sell the honds for money and 
 theu buy the arms and ammunition, or negotiate the bond? for iirms and ammuni- 
 tion, or for anything else in order to carry out the proxisious of the first section 
 of this act. 
 
 Sec. 3. That said Military Board shall have the power to appdint one. or 
 more, agents to negotiate said bonds and to purchase said arms and ammunition, 
 and to superinteml tho manufacture nf arms and ordnance. Such agent or agents 
 shall be govtrued m his or their negotiations by the instruclious of .said Mditary 
 Board. 
 
 Sec. 4. Such agent or agents sliall he entitled to such reasonable compensa- 
 tion for his or their services as shall be agreed upon between him or them and 
 said Military Board. 
 
 Sso. 5. That said Military Board, may. in their discretion, est^abljsh a foundry 
 for the manufacture of ordnance and one or more manufactures of small arms, to 
 be located at such place or plai-cs as said Board may seh'ct. 
 
 Sec. G. That the sum of live thousand dollars, or so much thereof as may Ik; 
 necessary, is hereby appropriated for the purpose of carrying out the provisions 
 of this act. 
 
 Sec. 7. That tlus act shall take effect and be in force from and after its pas- 
 sage. 
 
 Approved January Uth, 1862. 
 
 CHAPTEK LVir. 
 
 .l.V ACT to provide for the perpetuation of testimony during; the time limited 
 hi .In .let entitled, ".?u .^Ict sufipnidin^ oU laws for the collrction of debts 
 and liabilities on bonds, promisori/ notes, bills of exchans^e and contracts for 
 the payment of money, until flu Isl day of January 1864. or until sir months 
 after the close of the present war should it terminate before the date named, 
 or until otherwise jirovided by late. — approved Itk December. 1861. 
 
 Section 1. Be it enacted by the Lef^islature of the State of Texas. That 
 during the time mentioned in the act recited in caption of this act any person or 
 persons desiring to perpetuate the testimony of a witness or witnesses, which may 
 be material to him or them, in support of any cause of action which such person 
 or persons may have against any other perscui or persons ; or in defeiidint^ any 
 suit which hereafter may be instituted against him or them ; may tile a state- 
 ment in the Court of the county where such cause of action might Ik- jtrosecuted 
 or suit instituted, representing the faets ; together with interrogatories propoun- 
 ded to the witness or witnesses, whose testimony is sought to l)e perpetuated ; 
 a copy of which statement and interrogatories shall be served upon the persons 
 interested adversely, whose names shall be mentioned in the statement of facts ; 
 where such adverse parties are residents of this state. And in such cases as said 
 adverse parties are non-residents or are -alxsent from the state, or their place of 
 residence is unknown the person or jjersons, making such ajiplicalion may make 
 affidavit of such fact ; and service of notice of the tiling of said statement and in- 
 terrogatories may be perfected by the publication of an abstract of said statement 
 and the facts sought to be proven bv^lhe witness or witnesses, for three conwcu- 
 tive week.«, in a newspaper published'iu the county, if there be one ; and if not 
 then in the newspaper published in the nearest county to the Court where mch 
 suit might be instituted ; after which notice by personal service or by jjublicatiou 
 as herein provided ; the depositions of the witness or witnesses may be lak(;n and 
 returned by any of the parties to such statement, in like manner as is now pro- 
 vided by law for the taking and returning of depositions of witnesses in civil 
 cases : And shall lie entered on the records of the Court, and may be used in any 
 
42 
 
 Guit or suits which may be thereafter instituted, by or between any of the parties 
 to the statement or those claiming imder them, in liltc manner, as if such deposi- 
 tions ha«l been taken after the institution of such suit or suits ; and when suits 
 have been instituted, all such depositions so talicn and returned shall be subject 
 to like exceptions as all other depositions. 
 
 Sec. 2. That this Act take effect and be in force from and after its passage. 
 
 Approved January 13th, 1862. 
 
 CHAPTER LVIII. 
 
 AN ACT to amend the second and third sections of an act, entitled, "An Act au- 
 thorizing a loan and imposing a specific tax to meet the principal and interest 
 thereof, under the provisions of the 'S'M section of the 7th article of the Constitu- 
 tion of the State'' — approved April 8th, 18G1, and supplementary to said act. 
 
 "Whereas, no bonds have been issued or negotiated under the provisions of the 
 act recited in the caption hereof, — therefore — 
 
 Section 1. Be it enacted bi/ the Legislature of the State of Texas, That the 
 second section of said act recited in the caption hereof is hereby amended so 
 that the same sliall hereafter read as follows — viz : 
 
 The Governor. Comptroller and Treasurer, or a majority of them, may in their 
 discretion appoint an agent or agents to negotiate the disposition or sale of said 
 bonds from time to time ; and in case the bonds are sold for money the proceeds 
 of such sales shall be placed in some bank in the city of New Orleans subject to 
 the orders or drafts of the Comptroller of the State for state purposes, or shall 
 be paid into the State Treasury at Austin, as shall be directed by the authority 
 appointing such agent or agents. All agents appointed under the provisions of 
 this act shall be governed in their negotiations by the instructions of the authori- 
 ty appointing them ; and the Governor, Comptroller and Treasurer, or a majo- 
 rity of thcui, may without the interposition of any agent negotiate the disposi- 
 tion or sale of said bonds for the purposes of this act. 
 
 Skc. 2. The third section of said act recited in the caption hereof, is hereby 
 ■amended so that the same shall hereafter read as follows — viz : The said bonds, 
 or the proceeds of the sale thereof, shall be applied to the following objects and 
 no other purpose whatever. 1st, To the satisfaction or payment of appropriations 
 which have been or may hereafter be made for the purchase of arms and uiuni- 
 tions of war, or for the manufacture of arms and ordnance. 
 
 2d, To the satisfaction or payment of all indebtednes incurred by the State 
 Convention or under its authority, and to meet any deficit in appropriations made 
 to meet the expenses of said Convention, in case said bonds can be so used. 
 
 3rd. To the funding of any indebtedness of the State, present or future, to the 
 payment of all indebtedness of the State created for the defence of the frontier, 
 and to the payment of appropriations which have been or may hereafter be made 
 for the military defence of the State. To the repayment of all disbursi-nients 
 made from the Treasury or anticipated from tlie accruing revenues of the State, 
 or from any special fund or funds in the State Treasury to meet appropriations 
 to pay the expenses of the State Convention, and of the extra and adjourned ses- 
 sions of the Lef^islaturo. To the payment of any deficit in the appropriations 
 made to meet the ordinary expenses of the Government for the year 18C1, arising 
 from the anticipation of the revenue to meet extraordinary demands. 
 
 Sec. 3. The bonds and coupons authorized by said act f-hall be payable at some 
 bank in the city of New Orleans in the State of Louisiana, or at the Treasury of 
 the State at the option of the holder of the same ; and in case any such holder 
 shall elect to receive such payment at the Treasury of the State he shall give 
 notice thtrcdf in writing to the Treasurer of the S(at(3 thirty days before the ma- 
 turity of such l)nnd or coupon. The tax assessed under and by virtue of said act 
 shall be collected in gold or silver only, any law to the contrary nothwithstand- 
 ing. And this act siiall be in force from and after its passage. 
 
 Approved January Uth, 18(i2. 
 
43 
 
 CHAPTER LIX. 
 
 AN ^CT to prescribe the duties of the Commissioner of the General T^nd Office in 
 
 certain cases. 
 
 Section 1. Br if ennrted by the Legislature of the State of Texas. That tho 
 CojnmissioiuT of the Genoral Land Oflico is hereby prohibited from issuing pat- 
 ents on any Bounty, Donation or other Certificate for lands, heretofore required 
 by law to bo preseuted to and a]i]iroved by thi> Commissioner of the Court of 
 Claims, that liave not lieen approved by said Commissioner or Comptroller act- 
 ing a,s such Commissioner or issued by special act of the Legislature. 
 
 Sko. 2. That the Commissioner shall reject all Bounty and Donation warrants 
 issued to an assignee since the twenty fourth day of November. 1S5L Avhere the 
 same sliall appear on the '"Black list"' comi)iled from the arehivs of the 'ate Ad- 
 jutant Generals Office prior to its destruction by fire : provided iii^ "ights of the 
 original grantees shall not be impaired thereby. 
 
 Skc. 3. That this act take effect from and after its passage. 
 
 Approved January 13th, 1862. 
 
 CHAPTER LX. 
 
 AK ACT to amend an act entitled an act prescribing the mode of establishinir the 
 
 liabilities of draircrs, endorsers of bills of exchange, and promisory notes, ap- 
 
 prored 2Uh .March, 1848. 
 
 Skctiox 1. Be it enacted by the F^ gis/aturc of the State of Texas, That the 
 sixth section of an act nrescribing the mode of establishing the liabilities of draw- 
 ers and endorsers of Bills of exchange, and promisory notes, approved 20th March, 
 1848 be so amended as to rea«las follows : Sec. 6, Three days of grace shall l)e 
 allowed on all bills of exchange and promisory notes, a.ssignable and negotiable 
 by law. 
 
 Approved January 11th, 1862. 
 
 CHAPTER LXI. 
 
 JIN ACT to amend the fourth section and to repeal the sixth section of an Act 
 
 (ntillcd" An Act to regulate the Public Printing." .^pprored '22d , Yorcitibcr IS^j9. 
 
 Section 1. Be it enacted by the. Legislature of the State of Texas, That tho 
 fourth section of the, above recited act be amended, so that it shall hereafter 
 read as f(dlows : 
 
 " Skction 4. Such sealed proposals shall in every instance be accom- 
 panied by a bond in the sum of twelve thousand dollars, signed by the party 
 or parties making tiie proposals, with two f)r mon- responsible persons as secu- 
 rities, conditioned, should the proposals be accepted, for tho faithful perform- 
 ance of the work in accordance with the liid contained in the proposals- accom- 
 panying the bond, and in tho time and manner prescribed by law,whicli bond 
 must be submitted to the Secretary of State, Tnjasurer and Comi)troller, or a 
 majority of them, for apjiroval ; and no scaled proposals shall be considered, 
 unless accompanied with such bond so to be approved; and that said bond, 
 after its approval and the acfentance of the proposals, sh.all be filed with such 
 prii|iosals in the ofliee of tlie Si-cretary of State." 
 
 Sec. 2. B" il further enacted, Tliat the sixth scrtion of the above recited 
 act be, and the same is hereby repealed. 
 
 Sec. '.i. Br, it further enacted, That this act be in force from and after its 
 passage. 
 
 Approved .January lllh, 1^02. 
 
 CHAPTER LXJI. 
 AN ACT for the rrlirf of Companrm inrorporatrd for purposes of Internal Jm- 
 prorement, by allowing them further time for performance, on a< count of the 
 pending trar. 
 Section 1. J\r U ennrlid by the LfPislature of thr Stale of Trinn, Tliat tlw 
 
A\ 
 
 time of the continuance of the present war between tlie Confederate States 
 nnd United States of America, shall not be computed against any Internal 
 Improvement Company in rcckoninj^ the period allowed them in their char- 
 ters, by any law, fjjeneral or special, for the completion of any work con- 
 tracted by thenr to do ; i/rocidcd. That this act shall not be so construed as 
 to revive any charier of a Raih'oad Company which has been forfeited prior 
 to the 21. St day of May, 18i)l. 
 
 8kc. '2. The President and Directors of the Houston and Texas Central 
 Railroad Company, shall, before the provisions of this act shall extend to 
 the l)enetit8 of said Company, pass a resolution restoring the orio-mal bona 
 fide iStockliolders of said Company — those who have paid i'or their stock — to 
 all the rights, privileges and immunities to which they were entitled previous 
 to, and of v.-hich they wore divestenl by the sale of said road tj W. J. Hu;ch- 
 ins and others, and shall forward to the Governor of the State a copy of naid 
 resolution, signed by the President and countersigned by the Secretary or 
 Treasurer, under the seal of said Company, and said Company shall not 
 have the power to repeal said resolution so as to defeat the object of this act ; 
 provided^ That if the said original bona fide Stockholders should fail to pay 
 into the treasury of said Company ten per cent, upon their said stock, on or 
 before the expiration of the extension of time jirovidxl in this act, for the ful- 
 filment of the charter obligations of said Company to the State, then and in 
 that case said Stockholders shall forfeit all their rights, privileges and pro- 
 perty interests as Stockholders in said road. 
 
 Skc. 3. The President and Directors of any Railroad Company in this 
 State shall not have the power to sell out Stockholders in said Company by 
 virtue of any law now in force, until the expiration of the time of extension 
 provided in this act for the fulfillment of its charter obligations to the State. 
 
 Skc. 4. The provisions of any law, contrary to those of this act, shall 
 have no force or effect so far as they may conflict with the provisions of this 
 act, and this act shall take effect and be in force from and after its passage. 
 
 Approved January 11th, 18f)'2. 
 
 CHAPTER LXIII. 
 
 AJV ACT to repeal " Jla Jlct to provide for the funding of the debt contracted for 
 
 the protection of the frontier, ^^ approved March 20, 1861 ; and to provide for 
 
 liquidating the funded debt. 
 
 Section ]. Be it enacted by the Legislature of the State of Texas, That "An 
 Act to provide for the funding of the debt contracted for the protection of the 
 frontier," approved March 20, 1861, is hereby repealed; and thai the debt, of 
 sixteen thousand dollars and interest thereon, which has been funded under 
 that act, shall be liquidated in Treasury Wari'ants, at par, or in loan bonds, 
 or in money ; and for this purpose, that tvrenty thousand dollars, or so mucli 
 thereof as may be necessary, is appropriated, to be paid out of any money in 
 the Treasury not otherwise appropriated ; and that this act shall have full 
 effect whenever such liquidation shall have been made ; and, in the meantime, 
 that no further funding shall be done under said act. 
 
 Sec. 2. The Cumptroller and Treasurer are authorized to make the liqui- 
 dation aforesaid ; and this act shall take effect from its passage. 
 
 Approved January 11th, 1862. 
 
 CHAPTER LXIV. 
 
 AN ACT to authorize the Chief Clerk in the Treasimj Office to sign the name of 
 the Treasurer in certain cases. 
 
 Skction 1. Be it enacted by the Legislature of the State of Texas, That the 
 Chief Clerk of the Treasury Office, be and he is hereby authorized to sign 
 the name of the Treasurer, by himself as clerk, whenever by reason of sick- 
 ness, unavoidable absence, or other cause, the Treasurer's name nray not be 
 
45 
 
 affixed by lumself; and the signature of the Treasurer affixed by the 
 Chief Clerk as liercin provided, shall Lo as valid as when affixed by himself. 
 
 Sec. 2. That this act take effect and be in force from and after its passage.' 
 
 Approved January lltli. 186'2. 
 
 CHAPTER LXV. 
 
 .iJ\^ ACT lo repeal a certain act herein specified. 
 
 Sf.ctioN 1. Be it enacted h;! the Tjeoitslature of the State of Texan, That an act 
 to provide for the reception and de|)osit of a portion of the indemnitj' due the 
 State of Texas, by the United States, for the sale of a portion of her northwest- 
 ern territory, under the provisions of an act of Con<:::ress, approved Se])teniber 
 9th, 1850, which act of the Legislature was approved December 16th, 185], is 
 liei'cby repealed; but without prejudice to any vestml rights, that nny have 
 arif en from said act. And this act slmll take etVi'ct and be in f.irc' from its 
 passage. 
 
 Approved .Tanuary lltli, 18G'2. 
 
 CHAPTER LXVI. 
 
 ' .IN ACT to amend the sixteenth section of an act to provide for the Assessment 
 
 and Collection of Taxes, approved Februanj ll^A, 1850." 
 
 Section 1. Beit enacted liy the Ligislatarc of the Slate of Texas, That sec- 
 tion sixteen of " An Act to provide for the assessment and coUoction of taxes, 
 apiiroved February IJth, 1850," be so amended as here.ifter to read as follows : 
 It any person shall fail or refuse to pay the taxes imposed upon him and his 
 ]iroperty by law, until the first day of August, next succeeding the return of 
 tho assessment roll of his county, to the Comptroller, the A.ssessor & Collector 
 sliall, by virtue of his tax list, levy upon so nnich property liable to taxation 
 belonging to such i)ersou, if to be found in his county, as may be snllicient to 
 pay his or her taxes ; provided, however, that if such person, his agent or attor- 
 ney, shall jioint out to the Assessor & C'dllector sufficient property belonging 
 to the party assessed in said county to jiay said taxes, theu the Assessor & 
 Collector shall levy upon the property so pointed out, and in case the pro- 
 perty levied on is about to be removed out of the county, the Assessor &• 
 Collector shall proceed to take into his possession so much thereof as will 
 jiay the taxes assessed, and the costs of colWction ; pronidol. That if tln^ 
 blockade of the ports of Texas be raised before the first day of August next, 
 then the collection of taxes by levy and sale may take place .it the expiration 
 of thirty days from said event. 
 
 Sec. 2. That this act be in ftu-ce from and after its jjassagi'. 
 
 Approved January 11th, 18(V2. 
 
 (HAPTER LXVII. 
 1 -V ACT to proride for taking testimoni^ Inj drposilion during the continuance in 
 force, of an act entitled "An Act suj^pendina all lairs for the collection of dih'i^ 
 and liahilities on bonds, promissory notes, bills <f ejchantrc and contracts, for 
 the payment of nwncf), nntil the \sfday of .lanuary, ]>^f>4, or until six months 
 after the close of the present tear, shoulil it terminate before the date named, or 
 until othertrisc provided by lair,"' approved. December 7th, 1861. 
 SkcTION 1. Be it enacted by the Legislature of the State of Texas, That dur- 
 ing tlie continuance in force ai' the act mentitmed in the caption Inneof, par- 
 ties to suits j)(>nding in any court of this State, shall liavc all the rights and 
 privileges to lake thi> testimony of witnesses by depositions, tliat were allowed 
 them under the laws in force on that subject at thed.-ite of tlie passage of said 
 act, and said depositions, so taken, shall have the .sann3 force and etl'ect, and 
 be subject, to the sanu! excei)tions, wlien offered in the tri.al of any cause, as 
 though obtaini'd prior to the passage of said act, ]irovided depositions of wit- 
 
46 
 
 neeses re8idinf» in the county where suits are pending may be taken in like 
 manner witli witnesses residing out of the county. 
 
 Sec. 2. That this act take effect and be in force from and after its passage. 
 
 Approved January 11th, 1862. 
 
 CHAPTER LXVIII. 
 
 .4^ ACT changing the time of liolding the District Courts in the Ninth Judicial 
 
 District. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 District Courts of the Ninth Judicial District, shalj hereafter be held as 
 follows : 
 
 The District Court of Houston county shall he held on the third Mondays 
 of February and August, and may continue in session three weeks. 
 
 The District Court of Cherokee county shall be held on the third Monday 
 after the third Mondays in February and August, and may continue in ses- 
 sion five weeks. 
 
 The District Court of Anderson county shall ho held on the eighth Monday 
 after the third Mondays in February and August, and may continue in ses- 
 sion four weeks. 
 
 The District Court of Henderson county shall be held on the twelfth Mon- 
 day after the third Mondays in February and August, and may continue in 
 session three weeks. 
 
 The District Court of Smith county shall be held on the third Mondays of 
 January and July, and may continue in session to, and including, Thursday 
 of ihe week preceding the day fixed for the time of holding Courts in Hous- 
 ton county. 
 
 Sec. 2. All writs and process of every description pertaining to said, 
 courts, shall he returned in accordance with the provisions of this act after it 
 goes into effect, and all writs, process, bonds, recognizances, issued, made or 
 entered into to that date, shall not be effected by the passage hereof. 
 
 Approved January 11th, 1862. 
 
 CHAPTER LXIX. 
 
 AN ACT for the relief of Railroad Companies. 
 
 Section 1 . Be it enacted by the Legislature of the State of Texas, That the 
 failure of any chartered Railroad Company in this State to complete any sec- 
 tion or fraction of a section of its road, as required by tlie existing laws, shall 
 not operate as a forfeiture of its charter or of the lands to which said Company 
 ■would be entitled under the provisions of an act, entitled " An Act to encour- 
 age the construction of Railroads in Texas, by donations of land," approved 
 January '30th, 1854, and the several acts supplementary thereto, provided 
 said Company shall complete such section or fraction of a section as would 
 entitle it to donations of laud under existing laws, within two years after the 
 close of the present war between the Confederate States, and the United States 
 of America. 
 
 Sec. 2. That during the time named in the first section of this act, any 
 such Company having completed and in running order, twenty-five miles of 
 iis road, shall be entitled to receive from the State a grant of sixteen sections 
 of land for every mile of road constructed, or which may hereafter be con- 
 structed, and juit in running order, beyond the said section of twenty-five 
 miles ; provided. That no Company shall receive from the State more than 
 sixteen sections of land per mile for any portion of its road now or hereafter 
 constructed, unless otherwise provided by its charter, or special provision of 
 some law. 
 
 Sec. 3. That upon the application of any Company which may have com- 
 pleted any portion of its road beyond the safd section of twenty-five miles, the 
 Commissioner of the General Land Office shall i.-jsue to said Comuanv certifi- 
 
47 
 
 cates for the lands to which it may be entitled under the provisions of this act,, 
 and which may liave been desig;nated, and caused to be surveyed by said 
 Company in accordance with cxistinpj laws ; provided, That this act shall not 
 be so construed as to conflict with, or in any manner alter, or chantje the pro- 
 visions of an act, entitled "An Act for the relief of the Memphis and El Paso 
 Railroad Company, and all other Railroad Companies," passed March, 20th, 
 186J. 
 
 Sec. 4. That the lands to which any sucli company may now be entitled in. 
 pursuance of this act, may be designated, surveyed and patented at anytime 
 within two years after the passage of this act: and the President and Directors 
 of the Houston and Texas Central liailroad Company shall, before the ])ro- 
 visions of this act shall extend to the benefit of said company, pass a resolu- 
 tion restoring the original bona tide stock-holders of said company — those who 
 have paid for stock — to all the rights, privileges and immunities, to which they 
 were entitled previous to and of whicli they were divested by the sale of said 
 road to W. J. llutchins and others, and shall forward to the Governor 
 of the State a copy of said resolution, signed by the President, and counter- 
 signed by the .Secretary or Treasurer, under the seal of said company ; and 
 said company .shall not have the power to repeal said resolution, so as to defeat 
 the object of this act ; provided, that if the said original bona fide stock-holders 
 should fail to pay into the Treasury of said company ten per cent, upon their 
 said stock, on or before the expiration of the extension of time provided in this 
 act for railroad companies, to fulfil their charter obligations to the State, then, 
 and in that case, said stockholders shall forfeit all their rights, privileges, and 
 property interests, as stock-holders, in said road. 
 
 Sec. 5. That this act take effect and be in force from and after its passage. 
 
 Approved January 11th, 1862. 
 
 CHAPTER LXX. 
 
 AN ACT making appropriations for tlic vse and support of the State Gocernmcntf 
 for the years 18t)2 and 1863. 
 
 Section. 1. Be it enacted hy the Legislature of the State of Texas, That the 
 following sums be, and they are hereby appropriated for the use and support 
 of the State Govenunent, for the years 18(52 and 1863. 
 
 LEGISLATURE. 
 
 For the purchase of fire wood and stationery for the next Legisla- 
 ture, $ 1,000 
 
 JUDICIARY— SUPREME COURT. 
 
 Salary of thre^' Judges, each, per annum, !f!3,n00 ?< 9,000- $18,000 
 
 Contingent expen.ses of Supreme Court, ])er annum. 1,1.'")H — 2,300 
 
 Pav of Sheriffs, ' 60i>— 1,218 
 
 Porter hire, " " " " 203— 406 
 
 Publishing Reports, per annum, 7,000 — 14,000 
 
 Clerk's Fees in felony cases, per aununi. 150 — 300 
 
 DISTRICT COURTS. 
 
 Salary of twenty .Judges, each, per annum, $i2,2.")0, 4r),00n— I>0,000 
 
 Salary of twenty Attorneys, each, \>vr annum, $:M). 10,000- 20,000 
 
 Costs due Clerks, Sheriffs and Attonjeys, ]ier annum, 5,000 — 10,000 
 
 ATTORNEY (JENERAL'S OFFICE. 
 
 Salary of Attorney General, ]t(T annum, 1.800 — 3,600 
 
 Contingent fund, j)er annum, 10(1 — 200 
 
 Fees in felony cas«'S, jier annum. 2.50 — 500 
 
48 
 
 EXECUTIVE— GOVERNOR'S OFFICE. 
 
 Snlary of Governor, per annum, | 
 
 Salary of Privat;- Secretary, per annum, 
 
 Contfugent Exjxnse.s, per annum. 
 
 Recovering fugitives from justice, ]ier annum, 
 
 Publishing proclamations, per anuuin, 
 
 Furnisliing Governor's mansion, 
 
 SECRETARY OF STATE'S OFFICE. . 
 Salary of Secretary of State, per annum, 
 Salary of Cliit^f Clerk, per annum, 
 Priming, per annum, 
 Portt-r Lire end wood, per annum. 
 Postage, per annum. 
 Contingent exjipuses, per, annum, 
 Stationery ;:nU Books, per annum, 
 Extra cl(;rk hire, and other expenses, per annum. 
 Distributing Laws and Jouinal.'^, 9th Legislature, and Reports 
 
 of Supieiiio Court, 
 Printing Laws and Journals, 9th Legislature, 
 Printing biennial reports, 
 
 COMPTROLLER'S OFFICE. 
 
 Salary of Comptroller, per annum, 
 
 Salary of Chi(if Clerk, per annum. 
 
 Salary of Tax Clerk, per annum. 
 
 Civil Accountant, per annum, 
 
 Military Accountant, per annum, 
 
 Salaiy of four assistant cleiks, at $900 each, per annum, 
 
 Contingent expenses, per annum, 
 
 Books and stationery, per annum, 
 
 Printing, per annum, 
 
 Postage, ]}tir annum, 
 
 Blank as.sesi-meut rolls, per annum. 
 
 Fire-wood for Treasury' buildings, per annum, 
 
 Porter hire, Treasury buildings, per annum, 
 
 Printing and compiling abstract of lands, 
 
 For blank Treasury Warrants, 
 
 TREASURER'S OFFICE. 
 
 Salary of Tieasurcr, per annum, 
 Salary of Chief Clerk, per annum, 
 Contingent expenses, per annum. 
 Stationery, postage and printing, per annum, 
 
 GENERAL LAND OFFICE. 
 
 Salary of Commissioner, per annum. 
 
 Salary of Chief Clerk, per annum. 
 
 Salary of Translator, per annum, 
 
 Salary of Receiver, per annum. 
 
 Salary of Chief Draltsman, per annum. 
 
 Salary of three Assistant Draftsmen, each, $1,100, per annum. 
 
 Salary of six 2d Assistant Draitsmen, each $1,000. j)er annum, 
 
 Salary of twelve Assistant Clerks, each, $9o0 per annum. 
 
 Stationery, per annum. 
 
 Contingent exi)enses, per annum, 
 
 Postage, per annum, 
 
 .Fire wood, per annum, 
 
 Printinf^, per annum, 
 
 Porter hire, i)er annum, 
 
 3,000— 
 
 $6,000 
 
 900— 
 
 1,800 
 
 500— 
 
 1,000 
 
 2,500— 
 
 5,000 
 
 750— 
 
 1,500 
 
 500— 
 
 1,000 
 
 1,8':0— 
 
 3,600 
 
 1,400— 
 
 2,800 
 
 300— 
 
 600 
 
 100— 
 
 200 
 
 200— 
 
 400 
 
 150— 
 
 300 
 
 100— 
 
 200 
 
 400— 
 
 800 
 
 1,800- 
 1,400- 
 1,200- 
 
 1,200-r 
 
 ] ,200- 
 3,600- 
 200- 
 3U0- 
 250- 
 200- 
 600- 
 200- 
 250- 
 
 1,800— 
 
 1,200— 
 
 200— 
 
 150— 
 
 2,000— 
 
 1,400— 
 
 1 ,200— 
 
 1,200— 
 
 1,200— 
 
 3,300— 
 
 6,000— 
 
 10,800— 
 
 1,000— 
 
 300— 
 
 400— 
 
 250— 
 
 100— 
 
 250— 
 
49 
 
 ASYLUMS. 
 
 "Support of Lunatic Asylum, finunally, 
 •Support of Deaf and Dumb Asylum, annually, 
 Support of Blind Asylum, annually 
 
 rENITi:NTL\RY. 
 
 Salary of Superintendent, per annum. 
 
 Salary of Financial Ai^ent, per annum. 
 
 Salary of tlnoc Directors, each, per annum, $250, 
 
 Salary of Cliaj>lain, jier annum. 
 
 Salary of Pliysieian, per annum. 
 
 Transportation of convicts, 
 
 Stationerj', Post agfe, and printing', annually, 
 
 TENSIONS. 
 
 Alsl)ury. .lunna Navarro, ]wv annum, 
 Anderson. W. H., per annum, 
 Baruett, Thomas, jier annum, 
 Cole, David, i)er amium, 
 Day, James M., per annum, 
 Davis, Ivolla M, per annum, 
 Field, Jose)ih E., per annum, 
 Nichols, James \\'., per annum, 
 Norris, Thomas, ])er annum, 
 Smith, II. M., ]ier aniuim. 
 Shepherd, Charles, per annum, 
 Thacker, J. B., i)er aniium, 
 Webb, DaA id, jn-r annum. 
 Stump, John S.,])er annum, 
 Coojier, Dillard,i])er annum, 
 
 MISCELLANEOUS. 
 
 Boring Artesian Well. &c., 
 
 Kepairs on Public Buildings, 
 
 Taking Scholastic Census, 1862 and '3, (out of interest on School 
 
 Fund,) 11,000 
 
 Slaves executed, jier annum, 4,000 — 8,0U0 
 
 Due the San Antonio Texan, for advertising Artesian Wells con- 
 tracts, 
 
 Balance due Sampson ^Hembieks, furnishing Executive Mansion 
 
 For printing bill organizing Militia, 
 
 For surveying Toby Scrip-land, 
 
 For advertising boring Artesian Wells in tlie West, to J. Marshall 
 & Co., 
 
 Balance due Joban Peterson on boring well iu Capitol square, 
 
 ADJUTANT GENERAL'S OFFICE. 
 
 Salary of Adjutant General, ])er annum. 
 Salary of Assistant QuarttM'ui aster, per annum, 
 Salary of three clerks, each, .^900 per annum, 
 Books and stationery, per annum, * 
 Porter hiri' and woo<l, ]if'r annum. 
 Postage, Jier annum. 
 Printing, per annum, 
 ContingiMit expenses, per annum. 
 
 SECt 2. That thi.s act take effect from and after its pa.ssage. 
 
 Approved. January 13, 18(i2. 
 I) 
 
 12,000— 
 
 24,800 
 
 8,500— 
 
 17,000 
 
 5,500— 
 
 11,000 
 
 1,.500— 
 
 :?.ooo 
 
 1,50(1- 
 
 ;<.ooo 
 
 750— 
 
 1.500 
 
 250— 
 
 500 
 
 500— 
 
 1,000 
 
 
 15,000 
 
 150- 
 
 :wo 
 
 100— 
 
 200 
 
 ion— 
 
 200 
 
 100— 
 
 200 
 
 100— 
 
 200 
 
 100— 
 
 200 
 
 100— 
 
 200 
 
 200— 
 
 400 
 
 100— 
 
 200 
 
 100— 
 
 200 
 
 250— 
 
 500 
 
 125— 
 
 250 
 
 100— 
 
 200 
 
 100— 
 
 200 
 
 200— 
 
 400 
 
 200- 
 
 400 
 
 
 3,000 
 
 
 1,000 
 
 
 81 00 
 
 ion 
 
 75 90 
 
 
 G75 00 
 
 
 10 90 
 
 .all 
 
 
 
 72 00 
 
 
 4G5 88 
 
 2,000— 
 
 4,000 
 
 1,200— 
 
 2,400 
 
 2,700— 
 
 5,400 
 
 100— 
 
 200 
 
 100— 
 
 200 
 
 300— 
 
 600 
 
 100— 
 
 200 
 
 1.50— 
 
 300 
 
50 
 
 CHAPTEE LXXI. 
 
 ^iN ACT to amend 'v^n Jlct amendatory of the laws to raise revenue hy taxation,^' 
 approved Fehniary 16th, 1858; and to amead an act entitled "An Act to amend 
 an act amendatory of the laus to raise revenue hy taxation, approved Feb. IGth, 
 1S5S," approved AprilSth, 1861. 
 
 Section 1. Be it enacted hy the Legislature of the State of Texas, That the 
 first section of the above-named act, approved February ]6th, 1858, shall be 
 amended so as to read as follows : 
 
 There shall be levied and collected, for the use of the State, an annual direct 
 ad valorem tax of twenty-five cents upon each hundred dollars value of property, 
 real and personal, in this State, except sucli property as may be exempt bylaw 
 from taxation, which tax shall include the specific tax of four cents on the $100, 
 provided by law, for the payment of interest and principal of loan. 
 
 Skc. 2. That section 2d of said act shall hereafter read as follows : There 
 shall be assessed and collected of every free male person, over the age of twen- 
 ty-one years, resident in this State, idiots and persons non compos mentis ex- 
 cepted, a poll-tax of one dollar each. 
 
 Sec. 3. That section 6th of said act shall hereafter read as follows : There 
 .shall be assessed and collected of each and every person pursuing the occupa- 
 tion of hawker, pedlar of goods, or other articles not manufactured in the State, 
 an annual direct tax of fifty dollars, in each county in which he may pursue 
 such occupation ; of each and every persoir or firm keeping a billiard table, an 
 annual direct tax of fifty dollars for each table so kept; of each and every 
 person or firm keeping a nine or ten pin alley, an annual direct tax of forty 
 dollars for each alley so kept; of each and every person or firm keeping a hotel 
 in towns of five hundred inhabitants or less, ten dollars ; in any town with over 
 five hundred ?nd under two thousand inhabitants, fifteen dollars ; in any town 
 with over two thousand and under five thousand inhabitants, twenty dollars; 
 in eveiy town with five thousand or over inhabitants, thirty dollars ; on each 
 and every person or firm keeping any restaurant, cook shop, or eating house, 
 for pay or emolument, fifteen dollars ; on each and every person or firm keep- 
 ing any brewery, twenty dollars ; on each and every person or firm keeping 
 any beer shop, in which no vinous or spirituous liquors are vended, twenty-five 
 dollars ; on each and every person or firm keeping any distillery of spirituous 
 liquors, fifty dollars; on each and every person or firm keeping any storage 
 warehouse, ten dollars ; on each and every jjerson or firm engaged in re-press- 
 ing cotton, twenty-five dollars; on each insurance company, fifty i dol 
 lars ; on each and every person or firm keeping a livery stable, fifteen dol- 
 lars ; on each and every toll bridge or ferry kept and used for pay as much as 
 six months in each year, ten dollars ; on each and every person engaged in the 
 practice of law, medicine or dentistry, for pay or emolument, ten dollars ; on 
 each and every person having a fixed annual salary, whether as a public officer 
 or by private contract, twenty-five cents on each hundred dollars of such salary, 
 over and above five hundred dollars ; upon each and every firm or person keep- 
 ing a race track, forty dollars ; on each and every person or firm jjursuing the 
 occupation of real estate broker, ship broker, cotton broker, or any commis- 
 sion business, for each and every such establishment, twenty dollars; on each 
 person or firm engaged in the business of underwriting, or selling dry goods, 
 groceries, or drugs and medicines, ten dollars; on each and every pawn-broker, 
 forty dollars ; on each and every person engaged in negro trading, for each 
 negro sold, five dollars. It shall be the duty of every person or firm engaged 
 in the occupation of hawker or pedlar, billiard table keeper, keeper of nine or 
 ten pin alleys, cook shop, eating house or restaurant, race track, auctioneer, 
 hotel keeper, or pawn-broker, before entering upon any such occupation, to fir«t 
 call upon the Assessor and Collector of the county in which he may intend to 
 follow such occupation, and pay the tax requiied, and take a receipt for the 
 same, setting forth the occupation, and the amountof tax paid, which receipt he 
 shall file with the clerk of the county comt, who shall thereupon issue to him a 
 license to folloAv such occupation for the term for which the license tax has been 
 
paid, ami any piM'son failino^ to do so sliall be n'qniroJ to pay a double tax.. 
 It shall be fuitluT llie duty of the oloik to keep a l).iok. in wliich lie shall enter 
 the names of all persons obtaining; a lieeus ■, vvitli the amount of ta.K paid, and 
 the date of the license, wliich book shall at all times be op.^.u to tlie inspection 
 of the county c )urt, and to all officovs, executive and judicial, of his county, 
 a transcript of which book, certitied by the C'hief Justice, and under tlie seal 
 of the court, he shall transmit to thi' Comptroller, on the 1st day of J line, in each 
 and every year; for which service the Clerk shall be entitled to a fee of one 
 dollar in each cas", to be paid by the i)avty ub'aining the license. 
 
 Skc. 4. That the first section of said act, approved April 8th, 1831, recited 
 in the caption hereof, shall hereafter read as follows : There shall be assessed' 
 and collected of each person, firm, or public corporation, having money or 
 pa])er currency circulatinf>; as nnmey loaned at interest, buying or selling ex- 
 change, or buying or selling nutes of hand, an.l on all m mey. or i)ai)pr currency 
 circulating as money, hoarded or kept on hand, beyond the sum of two liun- 
 dred dollars, a tax at the rate of twenty-five cents on each hundred ilollars 
 loaned, hoarded or kejjt on hand, and on the amount of capital used for the pur- 
 chasing of notes or exchange; and any person, firm or public corporation having 
 money, or paper currency circulating as nioucj', or hoarded, loaued at interest,, 
 or money, or jtaper currency circulating as money, used in purchasing notes 
 or exchange, or hoarded, or kept on hand, beyond the'sum of two hundred dol- 
 lars, who shall fail or refuse to give in the same for taxation, shall, upon con- 
 viction before any court having competent jurisdiction, forfeit ten per centiiui 
 npon the amount of money, or paper currency circulating as nnmey, thus 
 loaned or kept on hand, beytnid two hundred dollars, or nsed in })urchasing 
 notes or exchange, and not given in for taxation, to the use of the informant 
 and of the State, each one-half That each and every person or firm engaged 
 in the sale of goods, wares and merchandize^, vinous or spirituous lliipiors, when- 
 sold in quantities of a (juart or more, shall jiay a tax of twenty-five cents on eaclr 
 hundred dollars value of such articles jHirchased for sah^ or received tor sale as 
 agent or auctionoiT by such jierson or firm; and it sha'l be the duty of eacb- 
 Assessor and Collector in this State, once in every three months, or oftener, to- 
 call upon such person or firm so occupied or engaged, in his county, for an ac- 
 count of such purchase or consignments, to be made under oath; and every person 
 or firm, when so called npon, who shall fail or refuse to furnish such Assessor 
 and Collector with an account of such purchase or consignment, during the 
 term for which the assessment is to hn mad<>, siiall be lial>le to a ])enaity of 
 fifty dollars for each failure or neglect, to be recovered on information of the 
 Assessor and Collector, before any Justice of the Peace of the proper county, 
 by a suit in the name of the State; and this specific tax levied shall exempt 
 the goods, wares and merchandize of sucli person or firm from the rtrZj|.ra/o;-c«4 
 tax levied by this act. 
 
 Sec. .'). That the provisions of all acts conflicting with tiiis act are hereby- 
 repealed, except so far as relates to the collection of taxes which have hereto- 
 fore, accrued and remain uncollected, under the provisions of former laws. 
 
 Sec. G. That this act be in force and take etVect from and after its pas- 
 sage. 
 
 Approved, January liith, \tfiV2. 
 
 CHAl'TKR LXXII. 
 AN ACT to protect Public Buililings. 
 
 Section ]. Bf it enacted by the Legislature of the State of Texas. That 
 niiy person or persons who may deface, injure or destroy any public buildings,, 
 («hall, upon conviction thereof, in a«y court nf competeut jurisdiction, be fined 
 not less than five dollars, nor more tliau full damage done thereto. 
 
 Sec. 2. It shall be the duty of all Sheriffs, Justices of the Peace, Chief 
 Justices of the counties, and Comniissiouers of county courts, to aid in the 
 execution of tliis law ; and it is hereby made the duty of the aforcBkid ofiicerg 
 
to rpjiort all such oftcnccs to the next succeeding grand jury of their respec- 
 ti\'0 cduutii'S. 
 
 Sec. 3. That tliis act take eft'ectfrom and after its passage. 
 
 Passed January 4th, 1862. 
 
 CHAPTER LXXIII. 
 
 AN ACT to repeal a certain act specified in this act. 
 
 Section 1. Be it enacted hy the Legislature of the Slate of Texas, That "An 
 Act providing for the investment of the Sinking Fund, approved February 
 i:UI), 1>^()0." is licrehy ro]ie,alt'd ; but, without prejudice to any vested right 
 which has ari.scu under that act; and tliat this act be in force from its passage. 
 
 Approved, January lltb, 1862. 
 
 CHAPTER LXXIV. 
 
 AX ACT to amend section r-.th of an act entiled ''An .^ct to provide for the organ- 
 ization of the State Lunatic Asylum, and for the care and maintenance of the in- 
 sane, approved February Wi 1858." 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 the 5th .section of an act entitled "An act to provide for the organization of 
 the State Lunatic Asylum, and for the care and maintenance of the insane, 
 approved February 5th, 1858," shall hereafter read as follows : 
 
 AiiTi<;i,E 1370. The Superintendent shall be a married man and a skillful 
 physician, cxi)crienced in ihe treatment of the insane. He shall continue in 
 olhce for the term of four years from the time of his appointment, unless soon- 
 er removed by the Governor for dishonesty, incapacity, inefficiency, miscon- 
 duct, or neglect of duty, and when so removed, the removal shall be reported 
 by the Governor to the Legislature, together Avith the reasons thei'efor. He 
 shall reside in the Asylum, with his family, when required to do so by tho 
 managers. 
 Sec. 2 This act shall take effect from and after its passage. 
 Ajjprovcd, January 13, 1862. 
 
 CHAPTER LXXy. 
 AN ACT providing for the recovery of State arm s. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 Ihe Governor be, and he is hereby directed, to require of all persons liaving 
 State arms in their possession in violation of lav,-, to return such arms to tho 
 Chief Justice of the county where such person resides, within thirty days 
 after proclamation by the Governor requiring the same ; and any person re- 
 fusing or neglecting so to do shall be deemed guilty of a misdemeanor, and 
 liable to indictment and fine, upon conviction, in a sum of not less than fifty 
 nor more than one hundred dollars, to be recovered as is provided for by 
 law. 
 
 Sec. 2. That this act shall take effect and be in force from and after its 
 passage. 
 
 Approved January 13, 1862. 
 
 CHAPTER LXXVI. 
 
 .IN ACT to appropriate funds for Military purposes. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 one luiliion of dollars, or so much thereof as may be necessary, is hereby ap- 
 l)ropriatt'd, to be paid out of any money in the Treasury not otherwise appro- 
 priated, for military purposes as follows : For the support, comfort, and eflS- 
 tioncy of State troops, it called into active service ; for the purchase of arms 
 
 I 
 
53 
 
 aiid muiiitiou^ of war of all kimls, that may be necessary and proper; fm* the 
 mauufncturo of snoli arms ami numitions, and thi' jnirchasi", in any market, of 
 materials tlierefor ; fur ]irocnriiip^ necessary armories and other places for 
 storing nnblie military property ; for preservation, care, and use of such ])ro- 
 pcrty ; tor stationary works of defense, and nautical vessels and instrunu^uts, 
 if uecessai"y ; for the nce^?ssary maintenanee of troops alonj; the interior fron- 
 tier under the law for its defense ; and for all necessary and pro))er incidents 
 of the forei^oinf;' military purposes. And for the purposes aforesaid, tui em- 
 braced in tlie fore'joing' peneral ajjprojniation, the specie currency and Confcil- 
 crate Trea^ury Nuti's, which m;iy come into the treasury from all sources, ex- 
 cept specific taxes and sp.'ciil school funds, shall be spi'citically used ; and 
 such funds shall not be used for any other purpose, unless otherwise jn'ovided 
 by law. Provided, that there shall be excepted from said specilic funds the 
 followino;' amounts, for the rcsjiective purposes connected therewith : twenty- 
 five thousand dollars for defrayiupf the current expenses of the Lun.-itic Asy- 
 lum and the Institutions for educating: the IJlind, Deaf, and Dumb, without 
 includin<r in this mod,' of payment, the salaries of the ofliciM's of said estab- 
 lishments ; tiiree thousand dollars for payment of the postag-e of the Kxecu- 
 tivo and other departments; twelve hundred dollars for obtaiuinty blanks for 
 Treasury Warrants; and these amounts are hereby specially reserved for said 
 objects, resjiectively, and s]iecitic appropriations therefor, or so much of each 
 amount as may be necessary for its particular object as aforesaid. 
 
 Skc. 2. This act shall be in force from its passage. 
 
 Approved, January 14th, 18G2. 
 
 CHAPTER LXXVII. 
 
 AN ACT supplementnl to " An Act to provide for tiutUting and sritUns; all claims 
 against the Statf on account of J'oltintftr Companifs, called out hy the Gorernor 
 or Committee of Safety, and for the defence of the State, and providing puymtat 
 for the officers and men thereof approved January Ath, 18G'2. 
 
 Section 1. Be it enacted hy the Legislature of the State of Texas, That, the 
 Governor is authorized to take necessary measures for proper jireseutation to 
 the Confederate Government of the claims of this State, includinfj tiie a]ipro- 
 priale vouchers and accounts, atjainstthat p-overnment, to be prepared umler 
 the act to which this is supplemental, and for receivinuj from that (j'ox-ernment 
 such payments or obligations for payment as it may be prepared to make or 
 give ; and for placinfc such receipts in tho Treasury, exce|)t as may be 
 otherwise provided hy law ; and that one tlumsand dollars, or so much thereof 
 as may be necessary, be appropriated to defray the expenses of said business, 
 to be ]>aid out of any money in the Treasury, not otherwise ajiproiiriatcd ; 
 and tills act shall be in force from its passage. 
 
 Approved, Jantiary 14tli, lS(>'i. 
 
 CHAPTER LXXVIII. 
 AA' ACT for the relief of the Pre-emption Settlers. 
 
 Section 1 . Be it enacted hy the. legislature of the Slate of Texas, That no 
 pre-eniptor who has entered into the service of this State, or tho Confederate 
 States, a.s a soldier, shall by his absence in Rai<l service forfeit any ri;rht now 
 eeonred to him, under tho pre-emption laws of this State, but he shall have 
 the same time to ji.^rfect his title after such service expires, a-s is now required 
 by law. 
 
 Sec. 2. That in case of death of any such prc-emptor, while in said ser- 
 vice, his lieirs shall have the same tim- to jnHect tlic title to such land SM 
 now allowed to prc-emptors under existiuy laws. 
 
 Sr.c. 3. That this act take effect and be in force from and after its paasngo. 
 
 Approved January 14th, le!G2. 
 
54 
 
 CHAPTER LXXIX. 
 
 AN ACT requiring the Comptroller to rent out certain Public Buildings and other 
 
 houses in the City of Austin, belonging to the State. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 Comptroller of Public Accounts, be and he is required to take charge 
 of and rent out any and all houses, iu the City of Austin, situate upon any 
 lot, or lots belonging' to the State, and not occupied for State piirposes, to the 
 highest bidder, for such length of time as he may direct, and on a credit not 
 to exceed twelve months from the date of such renting, taking notes with 
 approved personal security therefor. 
 
 Sec. 2. That the Comptroller is further required to rent out in like manner 
 the rooms iu the old Land Ofitice building, not occupied by any State officer 
 for whom the State furnishes an office ; Provided the use and occupation of 
 said rooms shall not at any time interfere with or prevent the use of the same, 
 by any officer or committee of any regular or extra session of the State Leg- 
 islature. 
 
 Sec. 3. That this act take effect and be in force from and after its passage. 
 
 Approved, January ]3th, 1862. 
 
 CHAPTER LXXX. 
 
 AN ACT supplemental to, and amendatory of An Act to provide for the appoint- 
 
 mcnt of Patrols, and to prescribe, their duties and powers, approved May 9th, 
 
 1846, and to repeal section ten of said act. 
 
 Section 1. Be it enacted by the Legislature of the Slate of Texas, That the 
 county court of every county shall, at each regular term, appoint a patrol de- 
 tachment, to consist of one captain and not less than five, nor more than 
 twenty privates, for each or any district, or company division in the county, 
 whose term of service shall be thice months from the time of their appoint- 
 ment, provided that one-half of the patrol appointed shall be owners of slaves 
 ■ox their substitutes. 
 
 Sec. 2. The county court shall, at the time of appointing said detacliment, 
 •divide and lay off each civil district inio as many patrol districts as they may 
 -think expedient and proper, for the efficient execution of the patrol law, and 
 shall make such rules and regulations, not inconsistent with the laws of the 
 -State, for the government of such detachments as they deem proper. 
 
 Sec. 3. The captain and privates of each detachment shall be appointed 
 from among the citizens of the division or district, and shall patrol said .dis- 
 trict at least once a week, and as much oftener as the peace and quiet of the 
 community may require, by visiting negro quarters and other places in the 
 district, where it may be suspected that slaves are improperly or unlawfully 
 assembled ; and it shall be the duty of the Captain to report any private tor 
 failure to perform dutj-, or obey orders, under this act, and on failure of the 
 ■captain so to report, he shall be deemed guilty of a misdemeanor, and on con- 
 viction before any Justice of the Peace, shall be fined not less than one nor 
 Jiiore than five dollars, for each failure to report. 
 
 Sec. 4. "Whenever a detachment or part thereof, shall find any slave off 
 the plantation, or other premises of the master, mistress, or employer, stroll- 
 ing about without a pass, or written permission, from some one authorized to 
 give the same, the said detachment or part thereof, may give to such slave 
 any number of lashes not exceeding twenty-five ; and the pass or permit shall 
 be in writing, and state the place to which, or business on which said slave is 
 to go, and the time of absence, and if said slave is allowed to ride, the fact 
 must be stated, and the slave, to avoid the punishment herein, must go some 
 ^direct or usually traveled way. Provided, that in case the slave is after med- 
 ical aid, he may pass without such written permit. 
 
 Sec. 5. That section ten of said act be, and the same is hereby repealed ; 
 and this act take effect, and be in force from and after its passage. 
 
 Approved January 13th, 1862. 
 
CHAPTER LXXXI. 
 
 .IN ACT to provide fujids for Military pinponcs. 
 
 Section 1. Be it enacted hy the Legislature of the State of Texas, That the 
 Governor, Comptroller, ami Treasurer, shall constitute a military board ; and 
 a majority of said board shall liave the power to provide for the defence of 
 the State by means of any bonds and coupons, which may be in tlie Treasury 
 on any account, and may so use such funds or their jjroceeds, and therefor, 
 may sell, hypotliocate, or barter such bonds and coupons ; provided such dis- 
 posal shall not exceed the amount of one million of dollars of such bonds and 
 coupons ; and that they shall not be disposed of at any discount greater than 
 twenty per cent of their face amounts. 
 
 Sec. 2. Any bonds which may be disposed of under the provisions of this 
 act, shall be substituted by equal amounts of any bonds of the Confederate 
 States of America, that may be obtained by this State, and the bonds so sub- 
 stituted, respectively, in all respects, shall be in place of the funds disposed 
 of as aforesaid. 
 
 Sec. 3. That this act be in force from and after its passage. 
 Approved, January 11th, 1862. 
 
 CHAPTER LXXXII. 
 
 ^JV ACT supplemental to and amendatory of An Act making appropriation for 
 the support of the State Gopcrnment for the years 1862 and 1863. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 sum of two thousand dollars per annum be and the same is hereby appropri- 
 ated to pay the salary of the Superintendent ot the Lunatic Asylum, and the 
 sum of two hundred and fifty dollars be and the same i.s hereby appropriated 
 to pay the deficit in the appropriation for the past two years for the Blind 
 Asylum. 
 
 Sec. 2. That this act take effect from and after its passage. 
 Approved January 13th, 1862 
 
 CHAPTER LXXXIII. 
 
 AN ACT making an appropriation for the mileage and per diem pay of the mem- 
 bers, and the per diem pay of the officers of the Ninth Legislature of the State 
 of Texas. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That the 
 sum of seventy-five thousaud dollars, or so mucli thereof as may be neces- 
 sary, be and the same is hereby appropriated, out of any money in the 
 Treasury not otherwise appropriated, for the mileage and per diem pay of the 
 members, and the per diem pay of the officers of the Ninth Legislature of the 
 State of Texas. 
 
 Sec. 2. That the certificate of the Secretary of the Senate and the certifi. 
 cate of the Chief Clerk of the House, shall be sufficient evidence to the 
 Comptroller, upon Avhich he shall audit the claims and draw his warrants 
 upon the Treasurer for tlie respective amounts. 
 
 Sec. 3. That in case there be no funds in the Treasury, the Comptroller 
 shall draw his warrants upo7i the Treasurer : said warrants shall be receivablo 
 lor taxes and other j)ublic dues, as may be provided by the general law ; 
 oue-teuth of each claim may be issued, if the claimant so desire it, in one dol- 
 lar warrants. For tlie other nine-tenths of the claim, no warrant shall bo 
 drawn of a less denomination than five dollars. 
 
 Sec. 4. That this act take eft'ect from and after its passage. 
 
 Approved, January 13th, 1862. 
 
56 
 
 CHAPTER LXXXIV. 
 
 AN ACT to provide for contingent services in the Comptroller'' s Office. 
 
 Section 1. Be it enacted bij the Legislature of the Slate of Texas, That the- 
 Comptroller is authorized to employ additional clerks, on extraordinaiy occa- 
 sions, to dispatch the business of his otWce, as he may consider necessary; 
 provided the expense thereof, until the first Monday of Novemhcr, one thou- 
 sand eight hundred and sixty-three, shall not exceed thirty-two hundred dol- 
 lars; and that amount, or so much thereof as may be necessary, is hereby 
 appropriated for the purpose aforesaid, to be paid out of any money in the 
 Treasury, not otherwise appropriated ; and that this act shall be in force from 
 its passage. 
 
 Approved January 14th, 1862. 
 
 CHAPTER LXXXV. 
 
 AN ACT to punish speculations in certain cases. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 if any person shall fraudulently, for lucre or gain, purchase any article of 
 clothing, shoes, leather, cloth, or any other article of clothing, provisions, 
 Avlieat, flour, corn, corn meal, meat, hogs, horses, cattle, or any other of the 
 necessaries of life of any description, and shall falsely represent that he or 
 they are purchasing such articles for the soldiers or army of the State, or of 
 the Confederate States of America, or shall by any fraudulent contrivance 
 induce or attempt to induce the vendor or donor to believe that they are 
 purchasing such articles for the army of the State or Confederate States of 
 America, with an intent to make a profit upon such ]nircluisc, sTich person so 
 offending shall be guilty of felony, and upon conviction shall be punished 
 by confinement in the penitentiary, at hard labor, for not lesB than two or 
 more than live years. 
 
 Sec. 2. That if any Quartermaster or Commissary, or person of the army 
 of this State or of the Confederate States of America, who is authorized or 
 empowered to purchase supplies of any and every kind for said army, shall 
 be directly or indirectly interested in the purchase of such articles, by himself, 
 or through an agent or agents, for his or their profits, or shall make profit or 
 gain by such purchase, beyond the fees or salaries allowed by law to them, he, 
 or they, so otfcndiug sliall be guilty of a felony, and shall be punished by 
 confinement in the penitentiary, at hard labor, for not less than two nor more 
 than ten years ' 
 
 Sec. 3. Tliis act shall remain in force until the end of the present war 
 between the Confederate States and the United States ; but the termination of 
 such war shall not abate any prosecution then pending under this act, nor 
 shall it be a bar to the prosecution of any violation of this act that may have 
 been committed during the aforesaid war. 
 
 Approved January 13th, 1SG2. 
 
 Cn.lPTER LXXXVI. 
 
 AN ACT supplementary to an Act, niakitig an appropriation to jniy the contin- 
 gent expenses of the Ninth Legislature, approved the [)th day December, 1861. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 the further sum of fifteen hundred dollars, or so much thereof as may be neces- 
 sary, is hereby appropriated out of any money in the Treasury, not otherwise 
 appropriated, to paj' the contingent expenses of the Ninth Legislature. 
 
 Sec. 2. If there is not suiiicient specie in the Treasury of the State of 
 Texas, to satisfy the contingent fund appropriated by the act, to which this 
 is a supplement, and the appropriation herein made for that purpose, not oth- 
 envise appropriated, then the Treasurer is authorized to pay any drafts drawn 
 against such contingent fund, out of the specie in the Treasury belonging to 
 
57 
 
 ;he University land sale, or out of tlio fund bolonginpj to escheated property,, 
 ifter the fund bolonf^ing to the University Land Sale may have been ex- 
 lausted.to supply such deficiency; which money so used shall be replaced by 
 ;he Treasurer to these respective funds, out of any money coming into the 
 Freasury, not otherwise ap])ropriated. 
 
 Sec 3. Tliis act shall take effect and be in force from and after its passage. 
 
 Passed January 9th, 18G2. 
 
 CHAPTER LXXXVII. 
 
 AN AC T to fix the salaries of the officers and clerks therein named. 
 
 Section 1. Be it enacted by the Legislature of the Slate of Texas, That the 
 (alary of the Governor's private secretary shall bo nine hundred dollars per 
 innum. 
 
 Skc. 2. The salary of the Spanish Clerk of the General Land Office shall 
 30 twelve hundred dollars i)er annum. That the salary of the jirincipal Drafts- 
 nan shall be twelve hundred dollars per aininni. That the salaries of the 
 ;hree assistant Draftsmen shall bo eleven hundred dollars each per annum, 
 rhat the salaries of six 2d assistant Drat'tsnum shall be ene thousand dollars 
 >ach per annum, and no more Draftsmen shall be employed than those named 
 vbove. The salaries of twelve assistant Clerks shall be nine hundred dollars 
 jach per annum, and no more assistant clerks shall be employed than those 
 Qamed abo\'e. 
 
 Sec. 3. That the salary of the Clerk of the State Department shall be four- 
 teen hundred dollars jier annum. 
 
 Sec. 4. That the salaries of the Chief Tax Clerk and of the accountants in 
 the Comptroller's Office shall be twelv'e hundred dollars each per annum. 
 
 Sec. 5. That ail laws and parts of laws conflicting with the provisions of 
 ibis act are hereby reijealed. 
 
 Sec. 6. That this act take effect and l)e in force, from and after its passage. 
 
 Approved, January 14th, 18G2. 
 
 CHAPTER LXXXVIII. 
 
 AJV ACT supplemental and amendatory of an Act entitled " A)i Act prescribing 
 
 the manner of authenticating instruments for record,''' approved April 6th, 18(31. 
 
 Section 1. Be it enacted by the Legislature of the State of Texas, That 
 the first section of the above recited act be amended so that the same shall 
 liereafter read as follows : 
 
 "Section 1. That the proof of every instrument ol writiui^, for record, 
 shall be taken by some one of the following officers : First, when acknowl- 
 sdged or i)roven within lh<? Static b<?fore some Notary Public, Clerk of the 
 Dounty Court, or his deputy, or Judge of a Court of Record ; second, when 
 icknowledgcd or proven without this State and within the Confederate States 
 9f America, or their Territories, or the United States of America, or their Ter- 
 ritories, before some Judge of a Court of Record having a seal ; third, when 
 acknowledged or proven without the Confederate States or United States, 
 before some public minister, Charge d' Affaires, or Consul of the Contcderato 
 Stat(>s ; and in all cases the certificate of such acknowledgement, or proof, 
 shall be attested under the official seal of the officer taking the same; that 
 when any deed, transfer, or other instrument of writing executed by the 
 pi'esident of any railroad company which has been (u- may be incor|)oratcd by 
 the laws of this State, shall be attested by the seal of said company, it shall be 
 considered sufficiently authenticated to authorize the Clerk of the County 
 Court to record the same." 
 
 Sec. 2. That all acts of de])uties of County Clerks in taking acknowledge- 
 ments or proofs of instruments of writing for record, since the passage of the 
 act hereby amended, an* hereby confirmed and declared valid. 
 
 Sec. 3. That this act be in force from and after its passage. 
 
 Approved January 14th, 1862. 
 
JOINT RESOLUTIONS. 
 
 CIIAPTEK I. 
 
 JOINT RESOLUTION authorizing the Governor to appoint Agents, to receive 
 
 and forirard clothinn, blankets and other ncrcssaricg, cuntributrd by our citizens, 
 for the Soldiers of Texas: and to prescribe their duties. 
 
 Section 1. Be it resolred bi/ the Legislature of the State of Texas, That 
 the Governiir of thv State is hereby reijiiircd to commission as many compe- 
 tent persons as he may deem expedient, snbject to removal V>y the Governor 
 for failing to perform the servici' conteTnjdated in this joint rcsolntion ; to 
 receive and forward sneli artich's of clothing-, lilankets and other necessaries, 
 contribnted by the citizens, for our brave soldiers durintj the present war ; 
 which said Agents are expected to perform said service without charge to the 
 State. 
 
 Sec. 2. Said Agents shall keep a list of all articles subscribed, or delivered 
 to them, with the names of the parties donating, and for whose particular 
 benetitthe same are contributed : and shall also keep a list of all articles for- 
 warded, and take n-ceipts for said articles, from such persons to Avhom they 
 may under the instructions from the Governor, or of the proper Department 
 of the Confederate Government, deliver the same for transportation. 
 
 Sec. 3. That the Governor is required to furnish said Agents with instruc- 
 tions, and supply such deficiency in the arrangement made by the Confed- 
 erate Government, or means if necessary, as may be necessary to ensure the 
 safe transportation of the articles to their destination. And that the Agents 
 report their transactions from time to time, to the Adjutant General ot this 
 State. 
 
 Sec. 4. That this joint resolution shall take effect and be in force from 
 and after its passage. 
 
 Approved, November '23d, ISGl. 
 
 CHAPTER II. 
 
 JOINT HLSOLl TION mahin<r an appropriation for the Mileage and per diem 
 
 pay of the Presidential Electors for the year 18(>1. 
 
 Section 1. Resolved by the Legislature of the State of Teras, That the Comp- 
 troller be required to issue to each t)f the Presidential Electors a draft or 
 drafts on the Assessors and Collectors of their respective counties, for their 
 mileage and per diem. 
 
 Sec. 2. That the sum of one thousand dollars, or so much thereof as may 
 be necessary, is hereby appropriated, and this act take eft'eet and bo in force, 
 from and after its pas.sage. 
 
 Approved bccember 7th, 1861. 
 
60 
 
 CHAPTER III. 
 inrNT RFSOLUTION in relation to the suspension of the Custom Houses on 
 
 the sea coast and on the Rio Grande Frontier, in the Confederate States dunng 
 
 the blockade 
 
 WHEREAS, The existence of the blockade anrlthe small ""^""''J .^^'r^oT^l! 
 arising from customs in consequence, and the necessity of permi ting foie.gn 
 veiels tXing merchandise tL our shores free of duty, being ot paramount 
 
 "Tlfw^Stf'L^is^^.ure of the State of Te.as, That our repres^ 
 lives be requested to use" their influence in the Provisiona^ Congress, o have 
 all the Cus\om Houses along the seaboard and on the ^lo Grande fontiei 
 suspended during the blockade, or until our por s are opened to the trade ot 
 nations that may have intercourse with this Contcderacy. 
 
 Te tf.rthcr^Resotced, That the Governor be instructed to ^^^^-J^W 
 of the above preamble and resolution forwarded to our Representatives in 
 Congress. 
 Approved, December SUh, 1861. 
 
 CHAPTER IV. 
 JOINT RESOL U TJON. 
 
 Resolred by the Lesistature of the State of ^''f'»;.Tl'at>^clng-hly approve of 
 the promptiuss with which the President of the Confederate Sta os has made 
 prej anvtion to retaliate in theevent that tl.e^.iucolnCiovernm.n should exe- 
 cute as pirates, any or all the crew of tl..' privateer feavanuah, an Uvo cxprcbs 
 the deckled opinion that retaliation should be strictly and rigidly practiced 
 by our Government in all such cases. rf>an\n 
 
 \icsolced, That the Governor of this Htate, ^r'^"^""\\';^ ^^P^ J^^J-Ytrfo e 
 tiou to our members in the Coafederato Congress, and that they lay it before 
 
 President Davis. 
 
 Approved December 'Jth, 1861. 
 
 CHAPTER V. 
 
 J0I\2' RESOIA'TIOy proposing an amnid.ntnt to the State Constilution, 
 
 Be it resulted bu the Lt'nslalure of the Sl,:te of Texas, That the M section 
 
 oflLlUth ."tick if the Constitution of the State shall be «o amended as to 
 
 '■' S^KCxfoN^ir' tlVpublic lands which have been heretofore or may liereafter 
 be granted L pliVlic Schools, to the various countie. in this State may W 
 sold bv the Cointy Courts of each county to which the lands belong, oiy 
 luX tnbunals as mav succeed to their jurisdiction, by co3isent ot a -yority 
 of the le-al voters in said counties, and under such general rules as the Leg s- 
 lature may from time to time prescribe ; ;,ron^«/, '^-t the pr.^ceeds of 1'^ 
 sale of such lands shall be retained and invested as a permanent bchool 1 und, 
 for the counties owning the same. 
 Approved December 11th, It^tjl. 
 
 CHAPTER VI. 
 
 TniKTT T}F<inT IJTIOJ^' reamstin" our Senators and Rfprtsentatires ui Con 
 '''g?Jst:proe^.r^^^^^^ an act to pay Deputy Marshals the balance dru 
 
 Uieinfor taking the Census. 
 
 SECTION 1. Be it resolred by the Legislature of the f «;%"/„^;7*^Ji'^'^^,3^ 
 Senators and Representatives in Congress are |;«;H";«ted to u. ge the^pa^^^^ 
 nf an let to nav to all Deputv Marshals in the State ot lexas the balance uu 
 Im ftw t^^^iovermnLt'of the United State., for services rendered b^ 
 
61 
 
 them in takiugr the census for the year 1860, nndcr the provisions of the laws 
 of the United States. 
 
 8ec. 2. That this joint resolution take effect from and after its passage. 
 
 Approved January 9th, 1862. 
 
 CHArTEK VII. 
 
 JOINT RESOLVTION to authorize and require the Adjutant General to collect 
 
 the ncceasnry information to make a register of the State troops, and hore printed 
 
 500 copies of the same. 
 
 Section 1. Be it resohcd htj the Legislature of the State of Texas, That the 
 Adjutant fjcneral be, and he is herohy autljorizcd and required, to collect such 
 information as may be necessary to make a register of all State trooj)s that 
 have been or may hereafter bo called into the service of the State, or Confed- 
 erate States, during the war, and have printed in pamphlet form .500 copies of 
 the same for distribution ; provided, that the Adjutant General shall procure 
 said printing to be done bj' the paper that will do the same for the least 
 amount of money. 
 
 Sec. 2. The sum of three hundred dollars, or so much thereof as may be 
 necessary, is hereby approjiriatod out of any money in the Treasury not other- 
 wise api)ropriated, to carry tliis resolution into effect. 
 
 Sec. 3. This joint resolution shall take effect and be in force from its pas- 
 sage. ^ 
 
 Approved January 10th, 1862. 
 
 CIIAl'TEK VIII. 
 
 JOINT RESOLVTIO.Y authorizing the Governor to appoint an agent to take 
 possession of the Salt Lake kuotcn as 'El Sol dil Hey,' find to pay orcr the revenues 
 
 arising therefrom to the State. 
 
 JJhereas, a valuable Salt Lake exists in Hidaijjo county, known as "El Sol 
 del Key," whicli was reserved as llie jiroperty of the crowii of Spain, the title 
 to whicii became vested in the State of Texas, which title, inasmuch as said 
 lake could not be lawfully patented, could not be lost by jtrescription ; and 
 whereas, it is desirable to secure the revenues of the said lake for the State, 
 and at the same time supply the people with salt at a reasonable rate, there- 
 fore — 
 
 Section 1. Beit resolved by the Legislature of the Slate of Texas, That by 
 this joint resolution, which is to take etVect from and after its passage, the 
 Governor is authorized and reijuired to appoint an agent whose duty it shall 
 be to take ami hold possession of tho salt lake mentioned in the jjreamble 
 hereof, iu behalf of the State of Texas, and to collect and pay over the reven- 
 ues arising therefrom into the Treasury of the State. 
 
 Sec. 2. That said agent shall sell the salt at the customary rates, except 
 so fiir as he uiay be empowered to alter the price by express written instruc- 
 tions from the Governor. 
 
 Sec. 3. That said agent shall, before entering upon his agcu'v, execute a 
 bond, (to be approved by and lodged with the Comptroller,) with good and 
 sufficient sureties, in the penalty of ten-tliousand dollars, for the faithful per- 
 formance of his duties ; and the said agent shall receive a salary of not less 
 than one thousand nor more than tw.'lve hundred dollars per annum, at the 
 discretion of the Governor, for his services, which payment of salary shall be 
 conditioned that it be paid out of such money as the agent may receive from 
 the sale of the salt ; and the agent is hereby required to make reports to the 
 Comptroller by the 1st day of .July in each year, and at such other times as 
 the Governor may direct, of his jirocecdings as such agent, and jiay over at 
 such times to the Comptroller, such money as he may have on hand; and he 
 shall be allowed in addition to his salary such mileage as is allowed to Asses- 
 .sors and Collectors of taxes for going to and returning from the capital. 
 
62 
 
 Sec. 4. That taid agent shall hold his appointinout for two years, at the 
 pleasure of the Governor, and until his successor shall be appointed. 
 
 Sec. 5. That the Governor is hereby authorized and enipowend to instruct 
 the Sheriff of Ilidalf^o county, or some other person to be appointed by him, 
 to place the said agent in j)ossession of the said salt lake, and he is hcn^by 
 further empowered to detail a sufficient number of the militia, or of such 
 troojis as may be in the service of the State, as may be necessary to maintain 
 the said agent in the possession thereof. 
 
 Sec. G. That in case any person or persons shall claim to have title to said 
 salt lake, such person or persons shall have the jirivilege of suein<j the State 
 at any time within one year from and after the taking possession of tlie same ]<} 
 the State, and not thereafter, in the District Court having jurisdiction of tin 
 same; jjrovided.that such person or persons shall, in their petition, set forth clear- 
 ly and fully how the title claimdl originated, and \u>\\ it is deiived, tiling with it 
 cerliiied copies of each of the title papers intended to be adduced and relied 
 on at the trial; and ])rovided further, (hat service of certified copies of such 
 petition, and copies of such title jjapers upon the Attorney General shall be 
 held to be sufticient servici- upon the State. 
 
 Ajiproved, January 10, 18G2. 
 
 ClIAl'TKK IX. 
 JOINT RESOLUTIOX in rdnlion to Public Printing for the Ninth Legislature. 
 
 Be it licsolvcd by the Ltgislaturc vf the Slate of Tezns, That the Secretary of 
 State, Com|)troller, and 'JreasuriT. or a majority of them, be re(|uire(l to pro- 
 ceed immediately after the adjournment of tiie Ninth Legislature to contract 
 for the rublic Printing as nearly us may be in acciudaiue with existing laws ; 
 and that this resolution lake eH'ect, from and after its jiassage. 
 
 Approved January J 4th, li?(Jti. 
 
 CHAPTER X. 
 JOINT HKStH.l TlON proridtng for the sale of Oldham and While's Digest. 
 
 SkcTIOX 1. he it tnartid by the Legislature of the State of Teias, I'liat it 
 shall be the duty of thi- Secretary of State, after advertisenii'nt in not less than 
 three newspapers in the State, to sell the copies of Oldham and White's Digest 
 now in his office belt'nging to tlie State, at such prices as he may deem pro- 
 per, but in no event at less than the original c<jst per vidume, including the 
 expense of sale. Provided, however, that the Secretary of State shall reserve 
 from sale a sufficient number of said Digests to supply the various officers of 
 the State as reijuired by law. 
 
 Sec. 2. The Secretary of State shall pay into the State Treasury fjuarterly, 
 the proceeds arising from the sale of said digests ; and this resolution shall be 
 in force from and alter its jiassage. 
 
 Approved January PUh, 18G2. » 
 
 CHAPTER XI. 
 JOL\T liESOLUTION. 
 
 Whereas, a crisis has an ived which involves the civilization, institutions, 
 political and social rights of the people of Texas, making it proper and expe- 
 dient that the Representatives in the Legislature should, in the most solemn 
 manner, declare to her sister States, composing the Confederate States of 
 America, and to the world, her settled conviction of the wanton injustice of 
 the war now waged against them by the Northern States, and of her unfalter- 
 ing determination to co-operate with her sister States in prosectiting the war 
 to a triumphant termination by all means, and at all hazards. And, whereas, 
 it is a historical fact, known to the nations of Kurope, that the independence 
 of the thirteen original Colonies was separattiv acknowledged, and that these 
 
63 
 
 iJistinct sovereignties formed a voluntary union, under the name and style of 
 the United States of America ; while it is a fact known to tlie people of the 
 United States, that these sovereign States never did merge their sovereif^nty 
 into the Government of the United States, but that they only delejrated to it 
 certain expressed, limited and specific powers, Avhile they reservsd to them- 
 selves the exercise of all other powers, not so delegated, and lest it should be 
 inferred that they had parted with their sovereignty, several States, and Vir- 
 ginia among the number, did, along with tiie act of entering the Union, de- 
 clare tl cir rightof withdrawal, and notwithstanding those decisive facts the 
 right is denied us, and the amazing spectacle is presented to the ivorld of the 
 attempt to ignore the sovereignty and rights of thirteen States, and by war to 
 subjugate and hold in vassalage ](l,<l(l(i,0(l() of ])eople. thus seeking to over- 
 throw the fundamental principles which underlie the theory of our Govern- 
 ment, and upon which the whole system rests — and in the destruction of which 
 there is inseparably joined the submission and overthrow of Ilepublicanism ; 
 and, whereas, we declare, that for the sake of the Union such as was be- 
 queathed to us by a common ancestry, we have for long years submitted to 
 (uiormous taxation, and to a monopoly of the coasting and fishing bounties. 
 But not content with this odious system of material robbery, they have 
 sought to rob us of our just rejtutation abroad. And not only so, but through 
 misrepresentation we are regarded as the destroyers of the Union, and thera- 
 eelves as politically striving to preserve it, when in fact they have long since 
 destroyed it, all but in name, and are to-day the willing siiltjects of a coarse 
 and vulgar despotism. But notwithstanding all this, it was not until they de- 
 nied us equality in the Union, and had succeeded by a sectional issue in 
 placing in ])0wer a President, and in the halls of Ccmgress a majority, pledged 
 to carry out these measures, that the people of the South rose up in their ma- 
 jesty and accepted the issue of war rather than submit to the disgr.ace of social 
 and political inequality. For many years they have been engaged in making 
 a moral war ujion us, and now after thus assailing us and our institutions, they 
 have actually invaded our territory, with lire and sword, proclaiming in ad- 
 vance the confiscation of our proi>erty, the appropriation of our liomesteads, 
 and if possible, by ijieans of servile insurrection, to shed the blood of help- 
 less infancy and ago, having already jn'aeticed outrages upon defenceless 
 women too horrible for utterance. And whereas, we now solemnly declare 
 that there is no common bond of union between the North and South, and 
 ftirther, that tlu^re is no homogeneity either in moral or religious sentiment or 
 pursuits. And whereas, we hereby congratulate our sister Confederate States 
 upon the wisdom of our rulers, the skill of our Generals, the valor of our 
 soldiers and the general success of our cause, and assure them that the peo- 
 ple of Texa.s ai'e even more than ever ])repared to devote their entire and 
 united energies to the successful prosecution of this war, whatever propor- 
 tions it may assume or whatever sacrifices it may demand. Therefore, 
 
 liesolred, 1st, That the people of Texas do hereby assure her sister Confed- 
 erate States and the world that she stands ready with heart and hand to 
 resist our invaders until their last soldier is driven from our borders, and 
 until we shall conquer an honorable and glorious peace. 
 
 2d. That we reiterate the declaration that the States which composed the 
 United States did not merge 1:heir sovereignty into that Government, but 
 that they entered into a voluntary compact, and that they had the right of 
 their own volition to withdraw, and that the attempt by fire and sword to 
 compel them to remain in the Union, would, if successful, blot out the 
 sovereigntv and existence of the stJteded States, and place in vassalage 
 10,000,000 of free people. 
 
 3d. That the Southern States have, in the extreme patience with which 
 they have submitted to oppressive legislation, given indubitable evidence of 
 their love for the Union framed by our fatliers. 
 
 4th. That the pretensions of jiatriotism on the part of the North, in waging 
 a war for the Union, is an enormous falsehood, and that their sole object in 
 
64 
 
 its preservation, is that they may continue to plunder the South, and retain 
 the power to render us the victims of their avarice. 
 
 Fith. That the proximate cause of the dissolution of the Union ^vas that 
 the North had the ])()wcr and had avowed the determination to deprive the 
 South of social and political etmality. 
 
 6th. That wt; hold them up hcfore the world, with all their pn'tensions to 
 superior civilization, as wajrinfj a war so barbarous as to be iinknown to tho 
 warfare of civilized nations, and such as is disj^raccful to the era in which 
 they live. 
 
 7th. That we utterly disclaim all affinity, all brotherhood with them, and 
 that we rejoice that we have escaped the contaminatin<» influence of their 
 base fanaticism. 
 
 Hth. That no overtures of peace should be considered which do not as an 
 indisjiensable pre-reqnisite propose the recow^nition of the Independence of 
 these Confederate Stati's, and tha* any otTer on the part of the enemy to treat 
 of peace which does not propose the recopnition of our Independi^nce, in 
 advance, and to make that recopnition the basis of nefjotiatioiis, !.•< an insultto 
 our people and (rovernment, ami .slumld bes]Hirned as such. 
 
 "Jtli. That we have unlimited confidence in the wisdom of our President, 
 the skill of our Generals, the courape of our soldiers, and in the final and 
 glorious tiiuuipliof our cause. 
 
 Kith. That the Governor of this State ho requested to forward n copy of 
 these resolutions to each of <uir liepresentutives in ('onpress, and to the (lov- 
 ernor of each of the Confederate States, with a requosl that they be laid bofore 
 their respective Legislatures. 
 
 Approved January 13th, 1862. 
 
INDEX TO THE GENERAL LAWS. 
 
 A 
 
 Adjiftant General. ^^^'^ 
 
 sale of propertj in liis hands, 
 returus of ol.^cliou of brigadier, made to, 
 rank of coloup] of cavalrj, 
 liow appointed, 
 salary- of, and bond, 
 duties of, 
 
 performs duties of ordnance officer, ' 
 
 to appoint assistant-quartermaster and clerks, 19 
 
 duty of as to state arms, 
 Agent. ^^ "'"'''''^ ^ n^pster of Texas troops in Confederate service 
 
 for transportation of clothing, 
 for hospital fund, 
 pay and bond, 
 
 governor authorized to appoiiit, 
 for "El sal del Rey," 
 
 A.ID DE Camp. 
 
 19 
 \.LiEN Enemies. 
 
 debts due to, how affected by stay law, 35 
 
 Lppeal. ^^"f'^^^^^'ate States may be ]>arties to certain suits by, 39 
 
 4 
 
 14 
 
 18 
 18 
 18 
 18 
 18 
 
 52 
 61 
 
 29 
 31 
 
 31-32 
 59 
 
 38 
 
Page. 
 Appropriations. 
 
 per diem and mileage, IX Legislature, 3 
 
 further, for per diem and mileage, IX Legislature, 55 
 
 expenses of adjutant general's sale, 4 
 
 for " sea king," 5 
 
 contingent expenses IX Legislature, 7 
 
 further, for contingent expenses, IX Legislature, 56 
 
 for purcha.se of blanks, &c., &c., under military act, 21 
 
 for transportation of clothing for troops, 29 
 for pay of companies, called out by committee of safety 
 
 and Governor, 30 
 
 for pay of commissioners appointed by convention, 30 
 
 for hospital fund, 31 
 
 for arms and ammunition, 40 
 
 for liquidation of funded frontier debt, 44 
 
 for support of State Government for 2 years, 47 
 
 further, for the su])port of State Government for 2 years, 55 
 
 of one million for military purposes, 52 
 
 for per diom and mileage of presidential electors, 59 
 
 AlUZONA. 
 
 Arms. 
 
 pay of commissioner to, 30 
 
 and ammunition to be purchased, 41 
 
 of the State, to be collected, 52 
 
 Attaciiment. 
 
 writs of, to issue in certain cases, notwithstanding stay law, 5 
 
 Attorneys and Coi nsellors. 
 
 oath of changed, :< 
 
 At TIIENTICATIOX. 
 
 law concerning, amended, , 57 
 
 B 
 
 Bail Hoxu.-. 
 
 not to be foi'feited In certain cases, 7 
 
 Bills ok Exchange. 
 
 collection of suspended, •'> 
 
 law as to days of grace on, amended, 4:{ 
 
 i?LANCo Colntv. 
 
 boTindaries of, changed, 3:5 
 
 Bonds. 
 
 suits on, in certain case.', suspended, 5 
 
 military, issued b}' county courts legalized. •' 
 
 of the State, to be sold, 42 
 
 of the United States, 45 
 
 LiTHASAN Count V. 
 
 n.ime ot", changed. ''■ 
 
m. 
 
 Page- 
 
 Bl'ildings, Public. 
 
 punishment for defacing, 51 
 
 certain, to be rented, 54 
 
 c 
 
 Cass County. 
 
 name of, changed, 8 
 
 Census. 
 
 joint resolution concerning, 00 
 
 Claims against the State. 
 
 (see pages 34, 37 and 38,) 
 Clerks. 
 
 salary of certain, fixed, 57 
 
 Clothing for Volunteers. 
 
 duties of agent defined, 32: 
 
 agents appointed, 59" 
 
 Colony. 
 Companies. 
 
 Fisher and Miller's, sale of alternate sections in, authorized, 34. 
 
 of minute men, to be disbanded, 9 
 
 concerning uniformed, 10 
 (see also State troops,) 
 Commissioners. 
 
 pay of to Arizona and elsewhere, fixed, 30 
 
 of deeds for Indian nations, 21 
 of General Land Office, duty of, as to certain certificates, 43 
 
 Code. 
 
 penal, amended, 3 
 
 of criminal precedure, amended, 38 
 
 Comptroller. 
 
 to audit claims of Rio Grande troops, 7 
 
 financial agent to make quarterly returns to, 25 
 to audit claims of companies called out by committee of 
 
 safety, etc. 21> 
 
 duties of, with reference thereto, 30 
 
 agent for clothing, to report to, 31 
 
 duty of, as to unpaid interest warrants, 34 
 
 " funding in loan bonds, 40 
 
 member of military board, 41-55 
 
 duty of as to negotiating, &c., bonds, 42 
 
 " funded frontier debt, 44" 
 
 authorized to employ extra clerks, 56 
 
 to rent certain public Miildings, 54- 
 
 Confederate State:*. 
 
 laws of the, received in evidence, 8 
 
 may be a party to certain suit«, 39 
 
Page. 
 :<}0k»1b1derate money. 
 
 for Avhat receivable, 37 
 
 in what manner to be paid into treasury, 38 
 Constitution. 
 
 proposed amendment to, 60 
 CouxTiK?. 
 
 McMullen county, boundaries of defined. 28 
 
 " " organization provided for, 28 
 
 Kendall created, 32 
 
 Blanco, boundaries of changed, 33 
 
 Kerr, " " 33 
 
 Cass and Buchanan, names of changed, 8 
 
 what named iu frontier act, 9 
 
 " act coiiceruing estrays, 10 
 
 Live Oak, boundaries of defined, 25 
 
 County Court. 
 
 to make entry of unconditional c* rtificates in c<Mtuiu case.-*, 30 
 
 taxes imposed by, for military purposes, li'galizt-d, 6 
 
 COURTH. 
 
 district to have jmisdiction of suits formerly pending in U. S. 
 
 courts, 25 
 
 manner of calling cases in supreme, changed, 1 1 
 
 iCRIMK.S and MlSIlEMKAXOU.*!. 
 
 permitting diseased shfcp to run at large made penal, 21 
 
 receiver of public moneys failing to pay over " 38 
 
 sedition, punished, 39 
 
 slave:;! not to be left alone on farms or ranchei, 40 
 
 defacing public buildings made penal, 51 
 
 certain speculatiuns " 56 
 
 Creuzbai B, RonKRT 5 
 
 Custom Houses. 
 
 joint resolution concerning, . 60 
 
 I) 
 
 Davis. 
 
 name of Cass county changed to, 8 
 
 pprT>< OK TRU.ST. 
 
 how affected by stay law, 5 
 Depositions. 
 
 how to be taken during the war, 45 
 Discharges — Soldiers. 
 
 how to obtain triplicate of, 4 
 District Court. 
 
 to have jnrisdiction in certain cases formerly pending la 
 
 Federal Court, 25 
 
 eflfect of stay law on, 5 
 
Pa 
 District Court. 
 
 Confederate States may be parties to suits in, 39' 
 
 evidence in to be perpetuated, 41 
 
 time of holding in Ninth Judicial, changed, 4G 
 
 Docket. 
 
 of Supreme Court, how to be called, 11 
 
 Domain, Public. 
 
 price of, changed, 22 
 
 Du.wvER AND Endorser. 
 
 law concerning, amended. 43 
 
 Duplicate Warrant.s, 4 
 
 El sal del Rey. 
 
 (see Salt Lake.) 
 Endorser. 
 
 law concerning amended, 43, 
 
 Enrollment. 
 
 of companies for frontier regiment, 9 
 
 of State troops, 12 
 
 Estates of Deceased Persons. 
 
 law concerning, amended, 23- 
 ESTRAYS. 
 
 certain act concerning, repealed in certain counties, 10 
 
 when and where to be sold, j f) 
 
 certain act concerning, revived in certain c<.un'acs, 10 
 
 law concerning, amended in ge:ur.i!, Stj 
 
 Evidence. 
 
 Fees. 
 Felony. 
 
 Ferry. 
 
 laws of the Confedvirafe Pf.;ite8 to h? receiver], etc., 8 
 
 may be perpetuate 1 durin;,' tlie " .stay law," 41 
 
 depositions may be talc-u .inrln- ;he stay la^, 45 
 
 r 
 
 for swimming cattle at ferries, 31 . 
 
 appeal, in cases of, 33 
 
 sedition, punished as, 39 
 
 certain speculations, punished as, 56 
 
 fees for swimming cattle at, ' 31 
 
 Financial Agent. 
 
 to report to Comptroller, 25 
 
 Fisher and Miller's Colony. 
 
 sale of alternate sections in, 34 
 
 Forfeitures. 
 
 of bonds, &c., pi-ovided against in certain case.';, 7 
 
 FoKn, J. S. 
 
 troops under, to be paid, 7 
 
Page. 
 Frontier REorMENT. 
 
 bow to be raised and officered, 9 
 
 wbere to be raised and stationed, 9 
 
 bow to be organized, paid and f^overned, 9 
 
 J'kontieu. 
 Funding. 
 
 funded debt, how to be liquidated. 
 
 in loan bonds, bow regulated, 
 of frontier debt, 
 
 a 
 
 Galveston. 
 
 supreme court removed thence temporarily, 
 
 tGoVERXOK. 
 
 duty of, as to frontier regiment. 
 
 conapanies called out by, to be paid, 
 
 member of military board, 
 
 •duty of, as member of miiitary board, 
 
 <luty of, as to sale of State bonds, 
 
 to present certain State claims to Confederate government, 
 
 salary of private secretary to, 
 
 (see also State troops.) 
 
 H 
 
 nKAiiHiGHT Claims. 
 
 how to obtain triplicates of, 
 
 entry to be made by county clerk in certain cases, 
 llosi'JTAi.. 
 
 appropriation for, 
 
 how and when to be drawn, 
 
 how much of fund in specie, 
 HUTCUINS, W. J. 
 
 and his associates, 
 
 I 
 Indians. 
 
 commissioners of deeds appointed for certain tribes of, 
 
 Indian Fuontikr. 
 
 (see frontier regiment.) 
 INJINCTION. 
 
 writs of, may issue notwithstanding stay law, 
 
 Interest. 
 
 on writti-n contracts regulated, 
 
 on open accounts " 
 
 Irrigable Puopertv. 
 
 act concerning, 
 
 eflfect of stay law on, 
 JmiSDICTION. 
 
 given to district courts in certain cases, 
 
vn. 
 
 Page. 
 
 K 
 
 Kendall County. 
 
 (see counties.) 
 Kerr County. 
 
 (.see counties.) 
 
 L 
 
 Land Office. 
 
 papers of 2cl and 3d seal to be withdrawn from, 36 
 
 duty of Commissioner of in certain cases, 42 
 
 Land, Public 
 
 price of, fixed, 22 
 
 Land Warrants 
 
 how to obtain triplicates of, 4 
 
 how approved, 42 
 
 Lien. 
 
 effect of stay law on pre-existing, 6 
 
 Limitation. 
 
 statute of, suspended, 40 
 
 LivK Oak County. 
 
 (see counties.) 
 
 Loan. 
 
 funding in loan bonds, 40 
 
 how to be negotiated, etc. 42 
 
 what use to be made of proceeds, 42 
 
 bonds, when payable, 42 
 
 frontier debt may be liquidated by, 44 
 
 Lovenskiold, Chas. 
 
 troops mustered out by, 8 
 
 M 
 
 Mauink. 
 
 no writ against property of, 6 
 
 Marshal. 
 
 concerning pay of late U. S. 60 
 
 McMuLLEN County. 
 
 (see counties. 
 Military' Laav. 
 
 (see State troops.) 
 Military Board. 
 
 created, 41 
 
 duties and powers of, 41 
 
 Military Bonds. ^ 
 
 issued by counties, legalized, 6 
 
 Minute Men. 
 
 to be disbanded, J9 
 
 Misdemeanors. 
 
 bonds, etc., in certain cases, not to be forfeited, 7 
 
 Mortgages. 
 
 effect of stay law on, 6 
 
VIII. 
 
 Page. 
 
 Oath. 
 
 of attorneys at law, changed, 3 
 
 to be iiade under stay law in certain cases, 6 
 
 to be taken by commissioned officers in State troops, 15 
 
 Oldham & White's Digest. 
 
 to be sold. 62 
 
 P 
 
 Patkol Laav'. 
 
 amended, 
 Pat of Rio Gkande Troops. 
 
 under Colonel Ford, 
 Penal Come. 
 
 article 284 amended 
 Penitextiary. 
 
 financial agent of, to report quarterly, 25 
 
 Practice. 
 
 cases in supreme court, how called, 11 
 
 Pre-emption Settlers. 
 
 relieved, 35» 
 
 further relieved, 53 
 
 Printing, Public. 
 
 act concerning, amended, 43 
 
 joint resolution concerning, 62 
 
 Promissory Notes. 
 
 collection of suspended, 5 
 
 Pli5i.1i; Buildings. 
 
 act concerning, 51 
 
 certain, to be rented, 44 
 
 Pui'Lic Domain. 
 
 price of, fixed, 21 
 
 Q 
 
 Quartermaster. 
 
 assistant, how appointed, 19 
 
 salary, rank, and duties of, 19 
 
 K 
 
 Railroad Companies. 
 
 time of payment of interest on bonds, extended, 37 
 
 time for performance of contract extended, 44 
 
 further relief given, 46. 
 
 Recognisance. 
 
 in cases of misdemeanor. 
 
 Registration Laws. 
 amended. 
 
 Religious Meetings. » 
 
 disturbance of punished. 
 
Page. 
 
 IX. 
 
 Retaliation. 
 
 joint resolntion concerning, 60 
 
 Rio Grande Troops. 
 
 to be paid, 
 
 Salary 
 .^ALT Lake, 
 
 Scab. 
 
 S 
 
 of certain officers fixed, 57 
 
 possession taken of by the State, 61 
 
 agent for appointed and duties defined, 61 
 
 law concerning s!\eep having, 21 
 Seaman, Soldier and Marine. 
 
 no execution against the property of, 6 
 Secession. 
 
 joint resolution coneeining, 62 
 Sedition. 
 
 act to punish, 39 
 
 Sequestration. 
 
 writs of may issue, notwithstanding stay law, 5 
 Sheep. 
 
 (see scab), 
 
 Sinking Fund. 
 
 act concerning investment of, repealed, 52 
 (Soldiers. 
 
 (see seaman, etc.) 
 Specie. 
 
 certain taxes to be paid in alone, 37 
 
 Specul.\tions, 
 
 certain, punished, 56 
 St.\te Troops. 
 
 enrollment and organization of provided for, 11—21 
 
 Section 1 — who liable to military duty, 11 
 
 " 2 — who exempt from military duty, 11 
 
 " 3 — State divided into 33 brigades, 11 
 
 — counties composing brigade, 11 
 
 " 4 — State troops of each district, how divided, 12 
 
 — of what a battalion will consist, 12 
 
 — of what a regiment will consist, 12 
 
 " 5 — what officers to each company, 12 
 
 " 6 — what officers to each regiment, 12 
 
 — what staff officers to each regiment, 12 
 
 " 7 — of the brigadier general and his staff, 12 
 
 II " 8 — how rank is to be determined, 12 
 (t " 9 — providing for a change in the military organization, 12 
 U — when an electiou for brigadier general shall be held, 12 
 i " 10 — enrolling officers, how appointed, and their duty, 12 
 
 i — of the organization of the militia, 12 
 
Page. 
 State Troops, Continued. 
 
 Section 11 — further of tbe enrolling officer, and his duties, 13 
 
 — of those refusing to respond satisfactorily to the 
 enrolling officer, 13 
 
 12 — of the election of colonel, lieut. colonel and major, 13 
 
 13 — of the election of the brigadier general, 13 
 
 14 — of the duty of the captains, 14 i 
 
 — of the punishment of defaulters, 41 
 
 15 — of the same, 14 
 
 16 — of fines and their collection, 14 i 
 
 17 — commissioned officers, how long compelled to serve, 15 
 
 18 — in case any beat shall fail or refuse to organize, 
 
 19 — oath of each commissioned officer, 
 
 20 — of the duties of colonel, 
 — of court martial, how and when to be ordered, 
 — regiment to assemble for drill, how often, 
 — company officers to be instructed when and how, 
 — penalty for officers failing to attend, 
 
 21 — How long colonel, lieut. colonel and major are 
 
 compelled to serve, 
 
 22 — of contested elections, 
 
 23 — commissioned officers, how they may vacate 
 
 their office, 
 — of a court of inquiry for redress of grievances, 
 
 24 — charges against a commissioned officer, how to 
 
 proceed in, 
 
 25 — charges against the brigadier-general, how to 
 
 proceed in, 
 
 26 — of proceedings before a court martial, 
 
 27 — ^judge advocate, the oath of, 
 
 — duties of the, < 
 
 — oath of members of court martial, 
 
 28 — no officer or jirivate going to, returning from, 
 
 or attending upon courts martial to be arrested by 
 
 civil process, 
 
 29 — adjutant general to be appointed, 
 " " his duties, 
 
 " " shall be ordnance officer, 
 
 — assistant-quartermaster general, 
 — clerks in adjutant general's office, and their salary, 
 
 30 — governor shall appoint aids de camp, rank of, 
 
 31 — of military forms, how to be furnished, 
 
 32 — of state and regimental colors, 
 
 33 — of furloughs in general, 
 
 34 — of the duty of the governor in case of invasion, 
 
 — of drafting, 
 
 — officers how excused. 
 
State Trooi-s, Continued. 
 
 Section 35— of substitutes, 19 
 
 " 36 — of pay and rations of state troops, 20 
 
 " 37 — of volunteer companies heretofore organized, 20 
 
 " 38 — of dissolving a volunteer company, 20 
 
 " 39 — returns of volunteer companies, -when and to 
 
 whom made, 20 
 
 of volunteer companies failing to make returns, 20 
 
 40 — of cancelling the commissions of brigadier ffen- 
 erals lieretofore appointed, 20 
 
 " 41 — rules and regulations of the regular army of the 
 Confederate States to be observed in discipline of 
 State troops, 20 
 
 " 42 — of duties of the president of courts martial in cer- 
 tain cases as to fines, 
 
 43 — all persons raising troops for Confederate service 
 in this State, to report to adjutant general, 21 
 
 44— appropriation for purchasing books, forms, &c., 21 
 register to be kept, 61 
 
 State Bonds. 
 
 (see loan,) 
 Stay Law. c 
 
 O 
 
 State A,rm8. 
 
 to be delivered up, 52 
 
 Stephens. 
 
 county of, g 
 
 Suits. 
 
 in federal courts, how, and when transferred to state courts, 25 
 
 how affected by stay law, 6 
 
 Confederate States may be party to, in state courts, 39 
 
 Supreme Court. 
 
 allowed during the war, to sit elsewhere than Galveston, 22 
 cases in, how called, 10-11 
 
 appeal to, in felony cases regulated, 38 
 
 Sydney. 
 
 county seat of McMulleu county, 28 
 
 T 
 
 Taxes. 
 
 special, laid by county courts, for war purposes legalised, 6 
 
 concerning certain special-taxes, 37 
 
 certain, to be paid in specie, 37 
 
 law regulating assessment of, amended, 45 
 
 law concerning, again amended, 5O 
 
 Transportation. 
 
 of clothing, 29 
 
 Treasurer of the State. 
 
 chief clerk may sign his name, 44 
 
 member of military board, 4I 
 
XII. 
 
 Pu. 
 Treasury Warrants, 
 
 for what public dues receivable, 37 
 
 as to disbursement of, 38 
 
 an act concerning interest on, repealed, 34 
 
 frontier debt may be liquidated in, 44 
 
 u 
 
 Unifoumkd Companies, 10 
 
 United States Bonds, 45 
 
 V 
 
 Venditioni Exponas.— (sec stay law.) 
 VooiiT, Adam. 
 
 to organize Kendall county, 32 
 
 w 
 
 War, Marine, 4 
 
 Warrant.*. 
 
 of the Staff, bearing- interest, 34 
 
 War Ta.\, 
 
 eountiLS authorized to levy, 23 
 
 Wills. — (see estates of deceased persons,) 
 
 Witness. 
 
 recognizance of, not to be forfeited, 7 
 
 evidence of, may be perpetuated, 41 
 
 Wool (iRowiNC. Interest. 
 
 law to protect, 21 
 
DEPARTMENT OF STATE, > 
 
 Austin, Texas, May 29th, 1862. \ 
 I, C S. West, Secretary of State of tlic State of Texas, do herehy certify 
 that I have comnared the fore^roincr Laws and Joint K.\sohition.s of the Ninth 
 Legislature, with the ong:inals now on file in the Dcnartnient of State, and 
 that they are triio copies of such originals. 
 
 I further certity that the Ninth Lef>:islature of the State of Texas, assembled 
 on Monday, 4th of November, 1861, and adjourned on the 14th day of January 
 A. D., 18G2. •' 
 
 In testimony whereof, I have hereunto set my hand, and 
 athxed the Seal of the Department of State the day and date 
 above written. 
 
 C. S. WEST, 
 
 6'ecretary of State. 
 
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